HomeMy WebLinkAbout2001-078 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001-078
being a by-law to authorize the execution of the Minutes of
Settlement of the appeals by Ridge Pine Park Inc. of By-law
99-125 and By-law 2000-108 to the Ontario Municipal Board
and a release of Ridge Pine Park Inc. respecting the payment of
development charges.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf
of the Corporation of the Municipality of Clarington and seal with the
corporation seal, the Minutes of Settlement of the appeals by Ridge
Pine Park Inc. of By-law 99-125 and By-law 2000-108 to the Ontario
Municipal Board;
2. THAT the Mayor and Clerk are hereby authorized to execute a release
of Ridge Pine Park Inc. respecting the payment of development
charges; and
3. THAT the Minutes of Settlement and the release attached hereto as
Schedules "A" and "B" form part of this By-law.
By-law read a first and second time this 3rd day of May, 2001.
By-law read a third time and finally passed this 3rd day of May, 2001.
John IQlutton, Mayor
M rie�, D uty Clerk
FULL AND FINAL RELEASE
RECITALS:
1. Ridge Pine Park Inc.("RPPI")owns and operates a retirement lifestyle community known as
Wilmot Creek Retirement Community in The Municipality of Clarington("Clarington") and
identified as Special Policy Area B on Map A-1 (Darlington) and Map A-1 (Clarke) in
Clarington's Official Plan .
2. RPPI is the landlord under land leases of certain parcels in the Wilmot Creek Retirement
Community on which tenant owned(the"Homeowners") dwellings are located.
3. Clarington is a municipal corporation.
4. Clarington or its predecessors have from time to time required the payment of lot levies,
development charges and other similar capital contributions ("Development Charges") in
respect of the development of land.
5. RPPI has paid Development Charges to Clarington or its predecessor since 1984.
6. On 28 March 2001 Clarington issued Invoice# 14900 to RPPI seeking the further payment
of Development Charges from RPPI for the period 1992 to Present (the "Development
Charge Invoice").
7. RPPI has appealed to the Ontario Municipal Board in respect of Development Charge By-
laws 99-125 and 2000-108 of Clarington(the"Appeals").
8. The Appeals have been settled. RPPI and Clarington have entered into Minutes of
Settlement(the"Minutes"). The Minutes provide for,among other matters,the execution of
this Release by Clarington.
NOW THEREFORE WITNESSETH that in consideration of the entering into of the Minutes and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by RPPI and Clarington:
1. The Development Charge Invoice is rescinded.
2. Clarington which includes its predecessors, successors and assigns (collectively the
"Releasor") hereby releases, remises and forever discharges:
I
r
-2_
(1) RPPI, its successors and assigns, and each of its present and former related
companies, partners, directors, officers, shareholders, beneficiaries, employees,
servants, representatives and agents, as applicable; and
(2) each and every present and former Homeowner and their heirs, successors, assigns
and personal representatives
(collectively the"Releasees")of and from any and all applications,actions,causes of action,
suits, proceedings, obligations, liabilities, claims and demands whatsoever, whether
commenced or not, whether presently known or unknown, of every nature and kind
whatsoever in connection with which the Releasor has had,has or in future may have with
respect or related to the payment of Development Charges arising out of or in any way
connected with or related to the development of Wilmot Creek from 1 January 1984 to the
date of the execution of this Release(collectively the "Claims Released").
3. The Releasor hereby specifically covenants and agrees not to make any claim or demand,or
to commence or maintain any action,suit,claim or proceeding against any person,including
any Homeowner,corporation,the Crown or other legal entity, in or from which any action,
suit,claim,demand or proceeding(whether or not valid or ultimately successful)could arise
against the Releasees for contribution or indemnity, in respect of the Claims Released.
4. The Releasor hereby acknowledges that if it should make hereafter any claim, demand or
complaint or commence or threaten to commence any action or proceeding, or make any
claim against any Releasee arising out of, or in any way connected with or related to the
Claims Released, this Release may be raised as an estoppel and complete bar to any such
claim, demand, action,proceeding or complaint.
5. The Releasor hereby acknowledges,agrees and understands that the Releasees,by entering
into the Minutes and this Release,admit no liability or obligation of any kind whatsoever to
the Releasor and any such liability and obligation are, in fact, denied.
6. The Releasor acknowledges full and complete satisfaction of the Claims Released by the
execution of this Release.
IN WITNESS WHEREOF the undersigned has duly executed this Release Document on the
day of May, 2001.
Ridge Pine Park Inc.
Per:
I have authority to bind the corporation.
-3-
The Corpo 'o the Municipality of Clarington
Mayor
Authorized by
By-law 2001 - 078
�f'dT�CI k
FULL AND FINAL RELEASE
RECITALS:
1. Ridge Pine Park Inc.("RPPI")owns and operates a retirement lifestyle community known as
Wilmot Creek Retirement Community in The Municipality of Clarington("Clarington") and
identified as Special Policy Area B on Map A-1 (Darlington) and Map A-1 (Clarke) in
Clarington's Official Plan .
2. RPPI is the landlord under land leases of certain parcels in the Wilmot Creek Retirement
Community on which tenant owned(the"Homeowners")dwellings are located.
3. Clarington is a municipal corporation.
4. Clarington or its predecessors have from time to time required the payment of lot levies,
development charges and other similar capital contributions ("Development Charges") in
respect of the development of land.
5. RPPI has paid Development Charges to Clarington or its predecessor since 1984.
6. On 28 March 2001 Clarington issued Invoice# 14900 to RPPI seeking the further payment
of Development Charges from RPPI for the period 1992 to Present (the "Development
Charge Invoice").
T. RPPI has appealed to the Ontario Municipal Board in respect of Development Charge By-
laws 99-125 and 2000-108 of Clarington(the"Appeals").
8. The Appeals have been settled. RPPI and Clarington have entered into Minutes of
Settlement(the"Minutes"). The Minutes provide for,among other matters,the execution of
this Release by Clarington.
NOW THEREFORE WITNESSETH that in consideration of the entering into of the Minutes and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by RPPI and Clarington:
1. The Development Charge Invoice is rescinded.
2. Clarington which includes its predecessors, successors and assigns (collectively the
"Releasor") hereby releases, remises and forever discharges:
-2-
(1) RPPI, its successors and assigns, and each of its present and former related
companies, partners, directors, officers, shareholders, beneficiaries, employees,
servants, representatives and agents, as applicable; and
(2) each and every present and former Homeowner and their heirs, successors, assigns
and personal representatives
(collectively the"Releasees")of and from any and all applications,actions,causes of action,
suits, proceedings, obligations, liabilities, claims and demands whatsoever, whether
commenced or not, whether presently known or unknown, of every nature and kind
whatsoever in connection with which the Releasor has had,has or in future may have with
respect or related to the payment of Development Charges arising out of or in any way
connected with or related to the development of Wilmot Creek from 1 January 1984 to the
date of the execution of this Release(collectively the "Claims Released").
3. The Releasor hereby specifically covenants and agrees not to make any claim or demand,or
to commence or maintain any action,suit,claim or proceeding against any person,including
any Homeowner,corporation,the Crown or other legal entity, in or from which any action,
suit,claim,demand or proceeding(whether or not valid or ultimately successful)could arise
against the Releasees for contribution or indemnity, in respect of the Claims Released.
4. The Releasor hereby acknowledges that if it should make hereafter any claim, demand or
complaint or commence or threaten to commence any action or proceeding, or make any
claim against any Releasee arising out of, or in any way connected with or related to the
Claims Released, this Release may be raised as an estoppel and complete bar to any such
claim, demand, action,proceeding or complaint.
5. The Releasor hereby acknowledges, agrees and understands that the Releasees,by entering
into the Minutes and this Release,admit no liability or obligation of any kind whatsoever to
the Releasor and any such liability and obligation are, in fact, denied.
6. The Releasor acknowledges full and complete satisfaction of the Claims Released by the
execution of this Release.
IN WITNESS WHEREOF the undersigned has duly executed this Release Document on the
day of May, 2001.
Ridge Pine Park Inc.
Per: C5 Co
I have authority to bind the corporation.
-3-
The Co r a the Munici ality of Clarington
i
Mayor
Authorized by
By-law 2001 - 078
-��rJv-7�Cler
DC990021
ONTARIO MUNICIPAL BOARD
COMMISSION DES AFFAIRES MUNICIPALES DE L'ONTARIO
Ridge Pine Park Inc. has appealed to the Ontario
Municipal Board under subsection 14 of the Development
Charges Act, S.O. 1997, c. 27 against By-law 99-125 of
the Municipality of Clarington.
OMB File No.: D990026.
Ridge Pine Park Inc. has appealed to the Ontario
Municipal Board under subsection 14 of the Development
Charges Act,S.O. 1997,c.27 against By-law 2000-108 of
the Municipality of Clarington.
OMB File No.: D000115.
MINUTES OF SETTLEMENT
WHEREAS:
A. Ridge Pine Park Inc. ("RPPI')and The Corporation of the Municipality of Clarington
("Clarington") have agreed to settle RPPI's appeals("Appeals")of Clarington By-laws 99-125
and 2000-108 on the terms set out below in order to avoid contesting the issues in a hearing
before the Ontario Municipal Board("OMB');
B. RPPI is the developer of the Wilmot Creek Retirement Community which is identified as
Special Policy Area B on Map A-1 (Darlington) and Map A-1 (Clarke) of Clarington's Official
Plan. RPPI is the owner,inter alia,of certain undeveloped lands in this Retirement Community.
RPPI also is the landlord under land leases of certain parcels in the Retirement Community to
tenants on which tenant-owned dwellings are located;
NOW THEREFORE in consideration of the mutual covenants contained herein,RPPI
and Clarington agree as follows:
1.0 The Appeals
1.1 In order to correct a calculation error,RPPI consents to the amendment by the OMB of
By-law 2000-108 by deleting Schedules "1", 662","Y'and"4"from the By-law and by
replacing them with Schedules "I", "T', "Y'and"4"contained in Schedule"A"to these
Minutes of Settlement.
�. DC990021
1.2 If required by the OMB, Clarington shall call such evidence as it considers necessary to
support the amendment of By-law 2000-108 in accordance with paragraph 1.1. RPPI
shall not call evidence or advance arguments that would be in opposition to the
amendment of By-law 2000-108 in accordance with paragraph 1.1.
1.3 Except as provided in paragraph 1.1,RPPI and Clarington consent to the dismissal of
RPPI's appeals of By-laws 99-125 and 2000-108 to the OMB without costs.
2.0 Clarington's Covenants
2.1 Clarington hereby forgives,releases and forever discharges RPPI from all obligation and
liability to pay the sum of$520,745.00 for alleged under payment of Development
Charges for the period of 1992 to March 18, 2001 as set out in Clarington's Invoice
#14900 issued on March 28,2001 to RPPI. Clarington hereby rescinds Invoice#14900.
Clarington will execute the form of release set out in Schedule`B"hereto in order to
implement the intent of this paragraph 2.1.
2.2 Clarington will forgive the obligation of RPPI to pay the whole of or any part of the
Development Charges provided for in By-law 2000-108,in respect of development in the
Wilmot Creek Retirement Community for which building permits are issued by
Clarington's Chief Building Official on or after May 1,2001,provided that the total
amount forgiven by Clarington does not exceed $250,000.00("Forgiveness Amount")
and provided further that the Development Charges imposed in respect of residential
development continue to be imposed only for Single and Semi-Detached, Townhouse and
Row Units and Apartments as provided for in By-law 2000-108. For clarity, Clarington
understand and agrees that RPPI in RPPI's discretion may direct Clarington to forgive
RPPI's obligation to pay either the whole or any part of the Development Charges
otherwise payable by RPPI for development in Wilmot Creek Retirement Community,
provided that the aggregate of the amounts so directed to be forgiven shall not exceed the
Forgiveness Amount.
2.3 On each occasion on which RPPI applies for a building permit for a development in the
Wilmot Creek Retirement Community for which Development Charges are payable under
By-law 2000-108,RPPI shall give written notice to Clarington to the attention of the
Treasurer identifying the particular development,the amount of the Development
Charges payable in respect of that development and RPPI's direction to Clarington to
forgive RPPI from payment of that amount or any portion of it in respect of the
Development Charges for the development in question.
2.4 As soon as reasonably practicable after RPPI gives a written request to Clarington for a
statement, until the full amount of the Forgiveness Amount has been the subject of
directions from RPPI to Clarington in accordance with paragraph 2.2, Clarington shall
2
DC990021
give RPPI a written statement of the balance from the Forgiveness Amount to the date of
the statement in question.
2.5 For clarity, on each occasion on which Clarington forgives the payment of Development
Charges by RPPI for development in the Wilmot Creek Retirement Community in
accordance with paragraph 2.2,the Forgiveness Amount shall be deemed to have been
reduced by an amount equal to the amount which is forgiven.
3.0 Other Matters
3.1 As soon as is reasonably practicable after the dismissal of RPPI's appeals of By-laws 99-
125 and 2000-108, Clarington's solicitor will arrange a meeting between relevant
Clarington staff and representatives of RPPI to identify and review issues that Clarington
and RPPI may have with respect to the development of the Wilmot Creek Retirement
Community. The purpose of the meeting shall be to re-establish lines of communications
and to provide for cooperation in the resolution of any issues between the Parties. At
least three days prior to the meeting,RPPI and Clarington staff shall give written notice
to the other of items that they wish to have placed on the agenda for the meeting.
3.2. References in these Minutes of Settlement to Clarington By-law 2000-108 shall also be
deemed to be references to any amendment to or successor of By-law 2000-108, unless
the context otherwise requires.
4.0 Enurement
4.1 These Minutes of Settlement shall enure to the benefit of and be binding upon RPPI and
Clarington and their respective assigns and successors.
5.0 Notices
5.1 If any notice or other document is required to be or may be given by Clarington or by any
official of Clarington to RPPI in accordance Nvith these Minutes of Settlement, such notice
shall be transmitted by telefax, mailed by first class prepaid post or delivered to:
To RPPI: 17 Dean Street
Brampton, ON L6W 1M7
Attention: David Rice
If by telecopier: 1-90.5-796-6360
3
DC990021
And to
Clarington: The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention:Treasurer
If by telecopier: 1-905-623-0608
or such other address of which RPPI has notified Clarington in writing. Any such notice so
mailed or delivered shall be deemed good and sufficient notice under these Minutes of
Settlement and shall be effective from the date which it is so mailed or delivered.
6.0 General
6.1 Schedules "A"and`B"form part of these Minutes of Settlement.
6.2 These Minutes of Settlement may be filed with the OMB at the hearing in respect of
RPPI's appeals of By-laws 99-125 and 2000-108.
6.3 These Minutes of Settlement may be executed in counterparts and each counterpart shall
be deemed to be an original.
DATED this 3rd day of May, 2001.
THE CORPORATION OF THE
MUNICI OF CLARINGTON
Mayor J hn Mutton
DcEu igkf Stanley
4
RIDGE PINE PARK INC.
Per:
Name: ,� L
Title: Z)k ,;, e Ac. y r .
Per:
Name:
Title:
I have authority to bind the corporation.
R:\HEFFERON\CLARING\RIDGEPMETTLEMT.MIN
5
DC990021
SCHEDULE "A"
Amendment of
By-law 2000-108
See Attached
SCHEDULE"1"
RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE"1"TO BY-LAW NO. 2000-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
RESIDENTIAL DEVELOPMENT CHARGES PER UNIT EFFECTIVE ON
Aug. 1, 2000 Jan. 1,2001 July 1, 2001 Jan. 1, 2002
Single and Semi-Detached $5,875 $6,250 $6,364 $6,733
Townhouse& Row Units $5,160 $5,490 $5,591 $5,917
Apartments
Large $3,920 $4,170 $4,246 $4,489
Small $2,490 $2,650 $2,698 $2,856
SCHEDULE"2"
NON-RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE"2"TO BY-LAW NO. 2000-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NON-RESIDENTIAL DEVELOPMENT CHARGES
PER SQUARE METRE EFFECTIVE ON
Charge By Effective Date
July 1, July 1, July 1, July 1, July 1,
2000 2001 2002 2003 2004
Per Square Metre $4.08 $8.16 $10.91 $14.99 $19.07
SCHEDULE"3"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2000-108
ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES
%Allocation
General Government(including financing) 4%
Library Services 5%
Fire Protection Services 6%
Indoor Recreation 23%
Park Development and Related Facilities 13%
Public Works Department 6%
Roads& Related (including financing) 43%
Total Development Charge 100%
SCHEDULE "4"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2000-108
ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES
%Allocation
General Government(including financing) 3%
Library Services N/A
Fire Protection Services 13%
Indoor Recreation N/A
Park Development and Related Facilities N/A
Public Works Department 11%
Roads& Related (including financing) 73%
Total Development Charge 100%
R:W EFFERON\CLARING\RIDGEPIN\DCBYLAW.WPD
DC990021
SCHEDULE "B"
Release
See Attached
SCHEDULE "B"
FULL AND FINAL RELEASE
RECITALS:
1. Ridge Pine Park Inc.("RPPI")owns and operates a retirement lifestyle community known as
Wilmot Creek Retirement Community in The Municipality of Clarington("Clarington") and
identified as Special Policy Area B on Map A-1 (Darlington) and Map A-1 (Clarke) in
Clarington's Official Plan .
2. RPPI is the landlord under land leases of certain parcels in the Wilmot Creek Retirement
Community on which tenant owned(the"Homeowners") dwellings are located.
3. Clarington is a municipal corporation.
4. Clarington or its predecessors have from time to time required the payment of lot levies,
development charges and other similar capital contributions ("Development Charges") in
respect of the development of land.
5. RPPI has paid Development Charges to Clarington or its predecessor since 1984.
6. On 28 March 2001 Clarington issued Invoice# 14900 to RPPI seeking the further payment
of Development Charges from RPPI for the period 1992 to Present (the "Development
Charge Invoice").
7. RPPI has appealed to the Ontario Municipal Board in respect of Development Charge By-
laws 99-125 and 2000-108 of Clarington(the"Appeals").
8. The Appeals have been settled. RPPI and Clarington have entered into Minutes of
Settlement(the"Minutes"). The Minutes provide for,among other matters,the execution of
this Release by Clarington.
NOW THEREFORE WITNESSETH that in consideration of the entering into of the Minutes and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by RPPI and Clarington:
1. The Development Charge Invoice is rescinded.
2. Clarington which includes its predecessors, successors and assigns (collectively the
"Releasor") hereby releases,remises and forever discharges:
-2-
(1) RPPI, its successors and assigns, and each of its present and former related
companies, partners, directors, officers, shareholders, beneficiaries, employees,
servants, representatives and agents, as applicable; and
(2) each and every present and former Homeowner and their heirs, successors, assigns
and personal representatives
(collectively the"Releasees")of and from any and all applications,actions,causes of action,
suits, proceedings, obligations, liabilities, claims and demands whatsoever, whether
commenced or not, whether presently known or unknown, of every nature and kind
whatsoever in connection with which the Releasor has had,has or in future may have with
respect or related to the payment of Development Charges arising out of or in any way
connected with or related to the development of Wilmot Creek from 1 January 1984 to the
date of the execution of this Release (collectively the "Claims Released").
3. The Releasor hereby specifically covenants and agrees not to make any claim or demand,or
to commence or maintain any action,suit,claim or proceeding against any person,including
any Homeowner,corporation,the Crown or other legal entity,in or from which any action,
suit,claim,demand or proceeding(whether or not valid or ultimately successful)could arise
against the Releasees for contribution or indemnity, in respect of the Claims Released.
4. The Releasor hereby acknowledges that if it should make hereafter any claim, demand or
complaint or commence or threaten to commence any action or proceeding, or make any
claim against any Releasee arising out of, or in any way connected with or related to the
Claims Released, this Release may be raised as an estoppel and complete bar to any such
claim, demand, action,proceeding or complaint.
5. The Releasor hereby acknowledges,agrees and understands that the Releasees,by entering
into the Minutes and this Release,admit no liability or obligation of any kind whatsoever to
the Releasor and any such liability and obligation are, in fact, denied.
6. The Releasor acknowledges full and complete satisfaction of the Claims Released by the
execution of this Release.
IN WITNESS WHEREOF the undersigned has duly executed this Release Document on the
day of May, 2001.
Ridge Pine Park Inc.
Per:
I have authority to bind the corporation.
-3-
The Corporation of the Municipality of Clarington
Mayor
Authorized by
By-law 2001 - 078
Clerk
DC990021
ONTARIO MUNICIPAL BOARD
COMMISSION DES AFFAIRES MUNICIPALES DE L'ONTARIO
Ridge Pine Park Inc. has appealed to the Ontario
Municipal Board under subsection 14 ofthe Development
Charges Act, S.O. 1997, c. 27 against By-law 99-125 of
the Municipality of Clarington.
OMB File No.: D990026.
Ridge Pine Park Inc. has appealed to the Ontario
Municipal Board under subsection 14 of the Development
Charges Act,S.O. 1997,c.27 against By-law 2000-108 of
the Municipality of Clarington.
OMB File No.: D000115.
MINUTES OF SETTLEMENT
WHEREAS:
A. Ridge Pine Park Inc. ("RPPI") and The Corporation of the Municipality of Clarington
("Clarington")have agreed to settle RPPI's appeals("Appeals")of Clarington By-laws 99-125
and 2000-108 on the terms set out below in order to avoid contesting the issues in a hearing
before the Ontario Municipal Board("OMB");
B. RPPI is the developer of the Wilmot Creek Retirement Community which is identified as
Special Policy Area B on Map A-1 (Darlington) and Map A-1 (Clarke) of Clarington's Official
Plan. RPPI is the owner, inter alia, of certain undeveloped lands in this Retirement Community.
RPPI also is the landlord under land leases of certain parcels in the Retirement Community to
tenants on which tenant-owned dwellings are located;
NOW THEREFORE in consideration of the mutual covenants contained herein,RPPI
and Clarington agree as follows:
1.0 The Appeals
1.1 In order to correct a calculation error, RPPI consents to the amendment by the OMB of
By-law 2000-108 by deleting Schedules "1", 46299, "Y'and"4"from the By-law and by
replacing them with Schedules"1","2","3" and"4"contained in Schedule"A"to these
Minutes of Settlement.
DC990021
1.2 If required by the OMB, Clarington shall call such evidence as it considers necessary to
support the amendment of By-law 2000-108 in accordance with paragraph 1.1. RPPI
shall not call evidence or advance arguments that would be in opposition to the
amendment of By-law 2000-108 in accordance with paragraph 1.1.
1.3 Except as provided in paragraph 1.1,RPPI and Clarington consent to the dismissal of
RPPI's appeals of By-laws 99-125 and 2000-108 to the OMB without costs.
2.0 Clarington's Covenants
2.1 Clarington hereby forgives,releases and forever discharges RPPI from all obligation and
liability to pay the sum of$520,745.00 for alleged under payment of Development
Charges for the period of 1992 to March 18, 2001 as set out in Clarington's Invoice
#14900 issued on March 28,2001 to RPPI. Clarington hereby rescinds Invoice#14900.
Clarington will execute the form of release set out in Schedule`B"hereto in order to
implement the intent of this paragraph 2.1.
2.2 Clarington will forgive the obligation of RPPI to pay the whole of or any part of the
Development Charges provided for in By-law 2000-108, in respect of development in the
Wilmot Creek Retirement Community for which building permits are issued by
Clarington's Chief Building Official on or after May 1, 2001,provided that the total
amount forgiven by Clarington does not exceed $250,000.00 ("Forgiveness Amount")
and provided further that the Development Charges imposed in respect of residential
development continue to be imposed only for Single and Semi-Detached, Townhouse and
Row Units and Apartments as provided for in By-law 2000-108. For clarity, Clarington
understand and agrees that RPPI in RPPI's discretion may direct Clarington to forgive
RPPI's obligation to pay either the whole or any part of the Development Charges
otherwise payable by RPPI for development in Wilmot Creek Retirement Community,
provided that the aggregate of the amounts so directed to be forgiven shall not exceed the
Forgiveness Amount.
2.3 On each occasion on which RPPI applies for a building permit for a development in the
Wilmot Creek Retirement Community for which Development Charges are payable under
By-law 2000-108, RPPI shall give written notice to Clarington to the attention of the
Treasurer identifying the particular development, the amount of the Development
Charges payable in respect of that development and RPPI's direction to Clarington to
forgive RPPI from payment of that amount or any portion of it in respect of the
Development Charges for the development in question.
2.4 As soon as reasonably practicable after RPPI gives a written request to Clarington for a
statement, until the full amount of the Forgiveness Amount has been the subject of
directions from RPPI to Clarington in accordance with paragraph 2.2, Clarington shall
2
DC990021
give RPPI a written statement of the balance from the Forgiveness Amount to the date of
the statement in question.
2.5 For clarity, on each occasion on which Clarington forgives the payment of Development
Charges by RPPI for development in the Wilmot Creek Retirement Community in
accordance with paragraph 2.2, the Forgiveness Amount shall be deemed to have been
reduced by an amount equal to the amount which is forgiven.
3.0 Other Matters
3.1 As soon as is reasonably practicable after the dismissal of RPPI's appeals of By-laws 99-
125 and 2000-108, Clarington's solicitor will arrange a meeting between relevant
Clarington staff and representatives of RPPI to identify and review issues that Clarington
and RPPI may have with respect to the development of the Wilmot Creek Retirement
Community. The purpose of the meeting shall be to re-establish lines of communications
and to provide for cooperation in the resolution of any issues between the Parties. At
least three days prior to the meeting,RPPI and Clarington staff shall give written notice
to the other of items that they wish to have placed on the agenda for the meeting.
3.2. References in these Minutes of Settlement to Clarington By-law 2000-108 shall also be
deemed to be references to any amendment to or successor of By-law 2000-108, unless
the context otherwise requires.
4.0 Enurement
4.1 These Minutes of Settlement shall enure to the benefit of and be binding upon RPPI and
Clarington and their respective assigns and successors.
5.0 Notices
5.1 If any notice or other document is required to be or may be given by Clarington or by any
official of Clarington to RPPI in accordance with these Minutes of Settlement, such notice
shall be transmitted by telefax, mailed by first class prepaid post or delivered to:
To RPPI: 17 Dean Street
Brampton, ON L6W 1M7
Attention: David Rice
If by telecopier: 1-905-796-6360
3
DC990021
And to
Clarington: The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Treasurer
If by telecopier: 1-905-623-0608
or such other address of which RPPI has notified Clarington in writing. Any such notice so
mailed or delivered shall be deemed good and sufficient notice under these Minutes of
Settlement and shall be effective from the date which it is so mailed or delivered.
6.0 General
6.1 Schedules "A" and`B" form part of these Minutes of Settlement.
6.2 These Minutes of Settlement may be filed with the OMB at the hearing in respect of
RPPI's appeals of By-laws 99-125 and 2000-108.
6.3 These Minutes of Settlement may be executed in counterparts and each counterpart shall
be deemed to be an original.
DATED this 3rd day of May, 2001.
THE CORPORATION OF THE
MUNICI Y OF CLARINGTON
Mayor J hn Mutton
D uty er : igWStanley
4
RIDGE PINE PARK INC.
Per:
Name: U \ L cS2
Title:
Per:
Name:
Title:
I have authority to bind the corporation.
R:\HEFFERON\CLARING\RIDGEPMETTLEMT.MIN
5
DC990021
SCHEDULE "A"
Amendment of
By-law 2000-108
See Attached
SCHEDULE "1"
RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE"1"TO BY-LAW NO. 2000-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
RESIDENTIAL DEVELOPMENT CHARGES PER UNIT EFFECTIVE ON
Aug. 1, 2000 Jan. 1, 2001 July 1, 2001 Jan. 1, 2002
Single and Semi-Detached $5,875 $6,250 $6,364 $6,733
Townhouse& Row Units $5,160 $5,490 $5,591 $5,917
Apartments
Large $3,920 $4,170 $4,246 $4,489
Small $2,490 $2,650 $2,698 $2,856
SCHEDULE "2"
NON-RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE"2"TO BY-LAW NO. 2000-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NON-RESIDENTIAL DEVELOPMENT CHARGES
PER SQUARE METRE EFFECTIVE ON
Charge By Effective Date
July 1, July 1, July 1, July 1, July 1,
2000 2001 2002 2003 2004
Per Square Metre $4.08 $8.16 $10.91 $14.99 $19.07
SCHEDULE"3"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2000-108
ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES
%Allocation
General Government(including financing) 4%
Library Services 5%
Fire Protection Services 6%
Indoor Recreation 23%
Park Development and Related Facilities 13%
Public Works Department 6%
Roads& Related (including financing) 43%
Total Development Charge 100%
SCHEDULE"Al"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2000-108
ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES
%Allocation
General Government(including financing) 3%
Library Services N/A
Fire Protection Services 13%
Indoor Recreation N/A
Park Development and Related Facilities N/A
Public Works Department 11%
Roads& Related (including financing) 73%
Total Development Charge 100%
R:\HEFFERON\CLARING\RIDGEPIMDCBYLAW.WPD
DC990021
SCHEDULE `B"
Release
See Attached
SCHEDULE`B"
FULL AND FINAL RELEASE
RECITALS:
1. Ridge Pine Park Inc.("RPPI")owns and operates a retirement lifestyle community known as
Wilmot Creek Retirement Community in The Municipality of Clarington("Clarington') and
identified as Special Policy Area B on Map A-1 (Darlington) and Map A-1 (Clarke) in
Clarington's Official Plan .
2. RPPI is the landlord under land leases of certain parcels in the Wilmot Creek Retirement
Community on which tenant owned(the"Homeowners")dwellings are located.
3. Clarington is a municipal corporation.
4. Clarington or its predecessors have from time to time required the payment of lot levies,
development charges and other similar capital contributions ("Development Charges") in
respect of the development of land.
5. RPPI has paid Development Charges to Clarington or its predecessor since 1984.
6. On 28 March 2001 Clarington issued Invoice# 14900 to RPPI seeking the further payment
of Development Charges from RPPI for the period 1992 to Present (the "Development
Charge Invoice").
7. RPPI has appealed to the Ontario Municipal Board in respect of Development Charge By-
laws 99-125 and 2000-108 of Clarington(the"Appeals").
8. The Appeals have been settled. RPPI and Clarington have entered into Minutes of
Settlement(the"Minutes"). The Minutes provide for,among other matters,the execution of
this Release by Clarington.
NOW THEREFORE WITNESSETH that in consideration of the entering into of the Minutes and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by RPPI and Clarington:
1. The Development Charge Invoice is rescinded.
2. Clarington which includes its predecessors, successors and assigns (collectively the
"Releasor") hereby releases,remises and forever discharges:
-2-
(1) RPPI, its successors and assigns, and each of its present and former related
companies, partners, directors, officers, shareholders, beneficiaries, employees,
servants, representatives and agents, as applicable; and
(2) each and every present and former Homeowner and their heirs, successors, assigns
and personal representatives
(collectively the"Releasees")of and from any and all applications,actions,causes of action,
suits, proceedings, obligations, liabilities, claims and demands whatsoever, whether
commenced or not, whether presently known or unknown, of every nature and kind
whatsoever in connection with which the Releasor has had,has or in future may have with
respect or related to the payment of Development Charges arising out of or in any way
connected with or related to the development of Wilmot Creek from 1 January 1984 to the
date of the execution of this Release(collectively the "Claims Released").
3. The Releasor hereby specifically covenants and agrees not to make any claim or demand,or
to commence or maintain any action,suit,claim or proceeding against any person,including
any Homeowner, corporation,the Crown or other legal entity,in or from which any action,
suit,claim,demand or proceeding(whether or not valid or ultimately successful)could arise
against the Releasees for contribution or indemnity, in respect of the Claims Released.
4. The Releasor hereby acknowledges that if it should make hereafter any claim, demand or
complaint or commence or threaten to commence any action or proceeding, or make any
claim against any Releasee arising out of, or in any way connected with or related to the
Claims Released, this Release may be raised as an estoppel and complete bar to any such
claim, demand, action,proceeding or complaint.
5. The Releasor hereby acknowledges, agrees and understands that the Releasees,by entering
into the Minutes and this Release,admit no liability or obligation of any kind whatsoever to
the Releasor and any such liability and obligation are, in fact, denied.
6. The Releasor acknowledges full and complete satisfaction of the Claims Released by the
execution of this Release.
IN WITNESS WHEREOF the undersigned has duly executed this Release Document on the
day of May, 2001.
Ridge Pine Park Inc.
Per:
I have authority to bind the corporation.
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The Corporation of the Municipality of Clarington
Mayor
Authorized by
By-law 2001 - 078
Clerk