HomeMy WebLinkAboutEGD-039-13 Clarington
REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 12, 2013 Resolution#: x/9'53/ / By-law#:
Report#: EGD-039-13 File#:
Subject: SERVICING OF NON-RESIDENTIAL DEVELOPMENT OPPORTUNITIES
HOST COMMUNITY STRATEGIC FUNDING POLICY
LAKE ROAD CONSTRUCTION—EXISTING EAST LIMIT TO LAMBS ROAD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-039-13 be received;
2. THAT the Municipality proceed with the extension of Lake Road from the current
east terminus to Lambs Road;
3. THAT the Mayor and the Municipal Clerk be authorized to sign the Subdivision
Agreement with 1029629 Ontario Inc., Montik Financial Services Inc., 1755480
Ontario Inc. and David Goodman, substantially in the form of Attachment #3 to
report EGD-039-13;
4. THAT the Municipality's share of the project in the amount of $1,300,000 be
funded from the Development Charges Roads and Related Reserve Fund;
5. THAT the land owners share of the project in the amount of$770,000 be funded
from the Strategic Capital Reserve Fund; and
REPORT NO.: EGD-039-13 PAGE 2
6. THAT Staff be authorized to proceed with the preparation of the design and
reports to get required approvals necessary to proceed with the construction of
the Lake Road extension in 2014.
Reviewed by:
Submitted b
y
A.S. Cannella, C.E.T. Franklin Wu,
Director of Engineering Chief Administrative Officer
Services
ASC/RA/jb
November 12, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-039-13 PAGE 3
1.0 BACKGROUND
1.1 At a meeting held on March 1, 2010, the Council of the Municipality of Clarington
approved the following resolution #GPA-138-10: "That the Finance Department
be directed to prepare a report with recommendations as to the disposition of the
$10 million Port Granby Funds." In order to meet this resolution of Council the
Finance Department prepared Report FND-018-12 which outlined a number of
options to deal with the disposition of the Port Granby Funds (Strategic Capital
Reserve Fund).
1.2 One of the funding policies recommended for the Strategic Capital Reserve Fund
through Report FND-018-13 was dealt with in Item 8.0 — Servicing of Non-
Residential Development Opportunities. As Council has seen through many
planning documents as well as observed through presentations from the
Clarington Board of Trade, servicing of non-residential lands remains a critical
barrier to the development of non-residential areas within Clarington and as a
result limiting the opportunities for new job creation in Clarington. This is
particularly the case for industrial development.
1.3 There are some circumstances in Clarington where the lack of servicing, whether
it be roads, sanitary sewers, water, or storm sewers is an impediment to
development, but there are barriers for the private developers to provide the
upfront costs that are required. There are some opportunities that may exist in
the near future whereby a capital investment on behalf of the Municipality may
provide for a sufficient level of service to "open up" those areas for development.
This could create both jobs and investment in Clarington as well as converting
vacant lands to lands and structures in the industrial tax class.
1.4 Should the Municipality consider up fronting the costs of the basic required
servicing, the cost could be structured through a cost sharing agreement on title
whereby the benefitting property owner(s) would repay the costs incurred plus an
indexing factor. In this way the principal amount of the investment would be
returned to the Strategic Capital Reserve Fund over time indexed and with the
potential of interest also. This would ultimately result in economic development
and job creation, as well as increased tax revenue to the Municipality. This
funding policy would only be considered in circumstances whereby the principal
would be returned to the Strategic Capital Reserve Fund once the development
proceeds through an appropriate cost sharing agreement.
2.0 SELECTION PROCESS
2.1 Prior to reviewing individual site locations for potential implementation of the
Funding Policy, Staff developed screening criteria to assist in short listing areas
where the investment in servicing of non-residential lands would be a viable
endeavour. The main criteria considered were as follows:
REPORT NO.: EGD-039-13 PAGE 4
• Proximity of existing servicing to the site (roads, storm water,
sanitary sewer and watermain).
• Cost of extension of servicing to the site.
• Capacity of existing servicing (are there any constraints that would
need to be addressed to allow development to proceed)
• Amount of developable land
• A willing land owner
• Ease of implementation of development (from a Planning process
perspective)
2.2 In addition Staff consulted with the Clarington Board of Trade (CBOT) in order to
get their input on what requests they had received for development land and the
types of services and amenities that have been requested. One of the key points
garnered from this consultation was the importance of easy access to main
transportation routes, in particular Highway 401.
2.3 With the screening criteria and input from CBOT, Staff scoped down a potential
location to the lands south of Highway 401 between Lake Road's east terminus
and Bennett Road. This area provides a number of opportunities for
development and Staff see development progressing in 3 stages as follows:
• Stage 1 — Lake Road east terminus to Lambs Road (416m)
• Stage 2 — Lambs Road to east limit of the Schleiss property
(existing subdivision court on east side of Lambs Road) (437m)
• Stage 3 — East limit of Schleiss property to Bennett Road (416m)
Due to the added safety and transportation network improvement that Stage 1
would provide by linking Lake Road to Lambs Road and providing alternative
access to Highway 401 at Bennett Road in addition to the existing access at
Liberty Street, it was determined that the focus of the proposal would be on this
Stage. A concept plan showing the Staged extension of Lake Road is provide on
Attachment 1.
3.0 RECOMMENDED SITE
3.1 Stage 1 noted above offered the best opportunity to provide additional serviced
non-residential lands. This particular site is a prime candidate meeting the
requirements of Staff's scoping criteria, has high exposure and easy access to
Highway 401. The site is also currently draft approved and involves a single
parcel and land owner. This site is located on the south side of Highway 401
west of Lambs Road, east of the current termination of Lake Road and north of
the CN railway as depicted on Attachment 2.
3.2 After determining the potential site for consideration Staff approached the
existing land owner to discuss their willingness to participate in the potential cost
sharing arrangement to provide servicing to their site which includes the
extension of Lake Road east to Lambs Road as well as the culvert spanning
REPORT NO.: EGD-039-13 PAGE 5
Bennett Creek. This particular site already has sanitary sewer and water
servicing running through it which increased the viability of moving this site
forward. The current land owner conveyed his willingness to participate and
requested additional details related to the scope, timing, costs and cost sharing
be provided.
3.3 One reason for the delay in this site being developed to this point has been the
challenges related to realigning Bennett Creek and providing necessary grading
in order to maximize the developable lands at this location. In order to improve
the viability of this aspect of the project Staff, through the recent collaboration
with Central Lake Ontario Conservation Authority (CLOCA) as part of their
upgrading of the Bennett Creek flood plain mapping, were able to get an
agreement in principal to maintain flood line elevations previously developed for
the site and for which abutting development had been designed for.
3.5 Part of this agreement in principal will require Clarington to revise the Clarington
Technology Business Park Master Drainage Study to include for the flood
proofing of the proposed centralized storm water management pond north of
Highway 401. As it would be development of lands north of Highway 401 that
would trigger the revision to the MDP, Staff will plan to undertake this revision at
such time that there is development interest within the Technology Business
Park.
3.6 Additionally Staff have reviewed options for crossing and future realignment of
Bennett Creek with both the current land owner and CLOCA to maximize the
usability of the subject site while meeting the fisheries needs CLOCA is
concerned with and Staff have developed a concept that both are happy with.
CLOCA have noted that additional detailed design and modeling work on the
creek would be required before a work permit would be issued but they are in
agreement with the proposal.
3.7 Due to the significant safety and transportation network improvements that the
extension of Lake Road to Lambs Road will provide to the lands south of
Highway 401 to Lake Ontario between Liberty Street and Bennett Road it was felt
that this crossing of the Bennett Creek benefited more than just the adjacent land
owner and thus felt the project should be completed as a Development Charge
project. This is consistent with Clarington's current practice for similar instances
where the Municipality has taken on the responsibility of constructing key
elements of connecting links in the transportation network such as the Grady
Drive bridge crossing Foster Creek, Longworth Avenue crossing of Bowmanville
Creek and crossing of the Brookhill Tributary.
4.0 AGREEMENT PROPOSAL
4.1 The Owner and the Municipality anticipate that development of the Lands will
proceed in 3 phases. Phase 1 will be the construction by the Municipality (at its
cost but subject to reimbursement by the Owner) of the extension to Lake Road
from its existing eastern terminus to Lambs Road and include construction by the
REPORT NO.: EGD-039-13 PAGE 6
Municipality (funded through development charges) of a culvert crossing for
Bennett Creek. The estimated cost of the works the Municipality of Clarington
would fund through DC's is $1,300,000. The cost of the remaining Phase 1
works required to extend Lake Road to Lambs Road to a rural cross section
including street lighting, utility relocation, ditching, gravel shoulders and hot mix
asphalt surface is estimated at $770,000 and would be front funded by the
Municipality's Strategic Capital Reserve Fund and later repaid by the developer.
The intention is to have the Phase 1 works completed in 2014 in order to improve
the transportation network, public safety and encourage economic development
in the area as soon as possible.
4.2 Phase 2 will include Bennett Creek channel works from Highway 401 to Lake
Road. Commencement of Phase 2 work will be triggered by the development of
lands north of Lake Road and will include north channel realignment and
construction of berming to allow the eastern portion of the Lands (north of Lake
Road) to be developed outside of the Regional Flood Limits. The estimated cost
of this Phase 2 work is $500,000. This figure includes all work required to
develop the channel and banks, but does not include earth works for
development of individual parcels. Channel works would require to be completed
prior to the issuance of any building permits. Collection of contributions from
previously developed lands benefiting from the creek improvement and flood
proofing works in the amount of $207,000 would be reimbursed to the developer
upon completion of the channel improvement works. Roughly $100,000 in
additional contributions would be collected from future development east of
Lambs Road benefiting from the channel improvements and would be
reimbursed to the developer undertaking the channel works once collected.
4.3 Phase 3 will include Bennett Creek channel works from Lake Road to the
southern boundary of the Lands. Commencement of Phase 3 work will be
triggered by the development of lands south of Lake Road and will include south
channel realignment and construction of berming to allow the eastern portion of
the Lands (south of Lake Road) to be developed outside of the Regional Flood
Limits. The estimated cost of this Phase 3 work is $1,060,000. This figure
includes all work required to develop the channel and banks, but does not include
earth works for development of individual parcels. All costs associated with the
Phase 2 and Phase 3 works would be the responsibility of the developer.
4.4 As part of Phase 1 the land owner would dedicate the Lake Road right of way to
Clarington and Clarington would move forward with all design, tendering and
construction of the necessary works to complete the road extension to Lambs
Road. Once completed 9.2 hectares (22.8 acres) and 3.8 hectares (9.5 acres) of
serviced non-residential lands would be available for development north and
south of Lake Road respectively.
REPORT NO.: EGD-039-13 PAGE 7
4.5 In order to give the land owner an increased level of comfort at the true cost of
the proposed works under Phase 1, road and culvert construction, they have
requested the works be tendered through a competitive bid process by the
Municipality and the agreement be based on the actual costs obtained from the
tendering process. Staff feel this is a reasonable request and feel that the costs
estimates prepared to date are reflective of the scope of work.
4.6 Attachment#2 to this report depicts the proposed Phasing mentioned above.
4.7 A copy of the Draft Agreement between the Municipality of Clarington and
1029629 Ontario Inc., Montik Financial Services Inc., 1755480 Ontario Inc. and
David Goodman detailing the scope of work, financing, responsibilities and
repayment terms is provided in Attachment 3 to this report.
5.0 CONCURRENCE
5.1 This report has been reviewed by Nancy Taylor, Director of Finance and Andy
Allison, Municipal Solicitor, who both concur with the recommendations.
6.0 DISCUSSION
6.1 In order to be able to have the benefit of this road extension for both the
improvement of safety and the transportation road network south of Highway 401
as well as servicing non-residential lands in Clarington the detailed design and
approval process for the road and culvert works would need to be completed very
early in 2014 so that construction could commence in early May on Lake Road
with completion estimated for September 2014. Considering the availability of
servicing in close proximity to the site, the willingness of the land owner to
participate in the proposal, the fact that the lands are draft approved, the
significant improvement in access, safety and the road network this location is a
prime candidate to exercise the directive of Council and use the Strategic Capital
Reserve Fund to increase the amount of non-residential serviced lands in
Clarington. An additional benefit of this site selection is that it is anticipated that it
will promote the development of existing serviced lots west of the proposed
extension as well as spurring on additional development of the lands to the east.
7.0 RECOMMENDATIONS
7.1 Based on the anticipated economic benefits that the Lake Road extension will
bring to Clarington, the improved safety, the increased accessibility to the area
with the improved road network and the fact that this project meets Council's
objectives for the use of the Strategic Capital Reserve Fund it is recommended
that Council move forward with the Lake Road extension project and enter into a
subdivision agreement with the land owner, 1029629 Ontario Inc., Montik
Financial Services Inc., 1755480 Ontario Inc. and David Goodman for completion
of the work.
REPORT NO.: EGD-039-13 PAGE 8
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
(Place an "X" in the box for all that apply)
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
X Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Ron Albright, Manager, Infrastructure and Capital Works
Attachments:
Attachment 1 - Staging of Lake Road Extension
Attachment 2 — Stage 1 Phasing, Lake Road Extesion east to Lambs Road
Attachment 3 — Draft Subdivision Agreement
List of interested parties to be advised of Council's decision:
John Morrison, B.A. (lions), PLE, Royal LePage Commercial (Owner's Agent)
Ismail Gulamali, Owner
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SUBDIVISION AGREEMENT
THIS AGREEMENT dated , 2014 is made
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
- and -
1029629 ONTARIO INC.
- and -
MONTIK FINANCIAL SERVICES INC.,
1755480 ONTARIO INC. and DAVID GOODMAN
RECITALS
A. The Owner is the owner of the lands legally described as Part of Lot 7, Broken Front
Concession, and Lots 12 to 25, both inclusive, Part of Lots 10, 11, 26 and 27, and Part of the
unnamed streets as shown on Cubitt Plan of Subdivision (being Part of Lot 7, Broken Front
Concession), Geographic Township of Darlington, now in the Municipality of Caalington,
Regional Municipality of Durham and designated as Parts 1 to 19 on Plan 10R-3962.
B. In 1991, the Owner received approval to subdivide these lands (Plan 18T-87055) subject to
conditions, including a condition that the Owner enters into a subdivision agreement with the
Municipality.
C. Development of the lands included in Plan 18T-87055 will require the construction of certain
works, facilities and services, including an extension to Lake Road and related culvert crossing
work.
D. In order to promote development on the Lands and on adjacent land, the Municipality wishes to
see the construction of the extension to Lake Road proceed in advance of the Owner's
anticipated timing of construction for such work.
E. The Municipality has therefore agreed to design, construct and pay for the Culvert Work and the
Road Work, and the Owner has agreed to reimburse the Municipality for the Road Work on the
terms set out in this Agreement;
F. This Agreement is made pursuant to subsection 51(26) of the Planning Act, R.S.O. 1990, c.
P.13.
G. Council resolved on , 2013 to enter into this Agreement.
NOW THEREFORE the parties agree as follows:
PART 1 - INTERPRETATION
1.1 In this Agreement, including its Recitals,
"construct" includes install;
"Council" means the Council of the Municipality;
"Culvert Work" means all facilities, services, works and improvements required to construct a
culvert through which Bennett Creek can cross the proposed Lake Road extension in the
Subdivision Agreement— 1029629 Ontario Inc. Page 12
location shown in Schedule 1, and includes all road works associated with the crossing and flow
conveyance over the road during large storm events;
"Final Cost of the Road Work" means the total of all costs incurred by the Municipality to design
and construct all of the Road Work other than the costs described in section 4.3;
"Lands" means the lands described in Recital A other than Part_on Plan 40R- ;
"Municipality" means The Corporation of the Municipality of Clarington including, where
appropriate, its agents, consultants, contractors, sub-contractors, employees or other persons
authorized to act on its behalf;
"Municipal Specifications" means the Design Guidelines and Standard Drawings prepared by the
Municipality in 2004 (revised in 2010);
"Owner" means 1029629 ONTARIO INC.;
"Road Work" means all facilities, works and improvements, including all sanitary sewer and
storm water connections, required to extend Lake Road from its existing eastern terminus to
Lambs Road over Part_on Plan 40R- as described in Schedule 2; and
"Works" means the Road Work and the Culvert Work (for clarity, "Works" does not include any of
work generally described in sections 2.3 and 2.4).
1.2 This Agreement shall be read with all changes in gender or number as the context requires.
1.3 In this Agreement, unless otherwise specified,
(a) a grammatical variation of a defined word or expression has a corresponding meaning;
(b) references to an Act, by-law or guideline shall include any amendments to or
replacements of such Act, by-law or guideline; and
(c) references to Recitals, Parts, sections and Schedules are references to Recitals, Parts,
sections and Schedules in this Agreement.
1.4 The following Schedules are attached to and form part of this Agreement:
Schedule 1 Location Map
Schedule 2 Cost Estimate for Road Work
PART 2— BASIS FOR AGREEMENT
2.1 The Owner and the Municipality anticipate that development of the Lands will proceed in 3
phases.
2.2 Phase 1 will be the construction by the Municipality (at its cost but subject to reimbursement by
the Owner) of an extension to Lake Road from its existing eastern terminus to Lambs Road over
Part on Plan 40R- . Phase 1 will include construction by the Municipality (funded
through development charges) of a culvert crossing for Bennett Creek. The intention is to have
the Phase 1 works completed in 2014 in order to improve transportation network, public safety
and incent economic development in the area.
2.3 Phase 2 will include Bennett Creek channel works from Highway 401 to Lake Road.
Commencement of Phase 2 work will be triggered by the development of lands north of Lake
Road and will include north channel realignment and construction of berming to allow the
eastern portion of the Lands (north of Lake Road) to be developed outside of the Regional Flood
Limits. .The estimated cost of this Phase 2 work is $500,000. This figure includes all work
required to develop the channel and banks, but does not include earth works for development of
individual parcels. The $207,000 previously collected by the Municipality from adjacent land
owners as a contribution towards the Phase 2 work will be credited against the cost of such
work. In addition, all contributions yet to be collected by the Municipality from benefitting
Subdivision Agreement— 1029629 Ontario Inc. Page 13
adjacent land owners (estimated to be $100,000) as contributions towards the Phase 2 work will
be credited against the cost of such work.
2.4 Phase 3 will include Bennett Creek channel works from Lake Road to the southern boundary of
the Lands. Commencement of Phase 3 work will be triggered by the development of lands south
of Lake Road and will include south channel realignment and construction of berming to allow
the eastern portion of the Lands (south of Lake Road) to be developed outside of the Regional
Flood Limits. The estimated cost of this Phase 3 work is $1,060,000. This figure includes all
work required to develop the channel and banks, but not include earth works for development of
individual parcels.
2.5 The Municipality and the Owner acknowledge that the draft plan of subdivision approved by the
Municipality in 1991 (Plan 18T-87055) will require red-line revisions in order to see the Lands
develop as described in sections 2.2, 2.3 and 2.4, and agree to work cooperatively with each
other, the Central Lake Conservation Authority and all other agencies with respect to such
revisions. As part of this process, the Municipality has agreed to revise the Master Drainage
Plan for the Technology Park in order to facilitate the relocation of the flood line limit and thereby
increase the developable area on the Lands.
PART 3 -WORKS
Design and Construction
3.1 The Municipality shall design and construct all Works in accordance with Municipal
Specifications.
3.2 The Municipality shall ensure that all licences, permits and approvals required to construct, repair
and maintain the Works are obtained and maintained in good standing.
3.3 The Municipality shall comply with all applicable legal requirements (including statutes, by-laws,
orders and rules and regulations of every governmental authority having jurisdiction) which relate
to the design, construction, repair and maintenance of the Works including all requirements
under the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 and the Workplace Safety
and Insurance Act, 1997, S.O. 1997, c.16, Sch. A.
3.4 The Municipality shall prepare all engineering plans, drawings, studies, reports, estimates,
calculations and documentation required to design and construct the Works.
3.5 Contracts for the design and construction of all Works shall be awarded in accordance with the
Municipality's Purchasing By-law 2010-112 and all applicable Municipal purchasing policies.
Maintenance and Assumption
3.6 Upon completion of all Works, the Municipality shall pass an assumption by-law in relation to
Part on Plan 40R-
3.7 Following assumption, the Municipality shall be responsible for the maintenance and repair of all
Works at its sole expense.
Phase 2 and Phase 3 Work
3.8 The works generally described in sections 2.3 and 2.4 will be designed, constructed and paid for
by the Owner or a purchaser of the Lands in accordance with a further subdivision agreement or
other type of development agreement to be entered into with the Municipality. The Municipality
shall provide the design work that has been completed to date at the Municipality's expense to
the Owner at no cost.
Subdivision Agreement— 1029629 Ontario Inc. Page 14
PART 4—COSTS
Estimates
4.1 The estimated cost to construct the Culvert Work, including all design and contract
administration costs, is $1,300,000.00. The Municipality will fund the Culvert Work through
development charges.
4.2 The estimated cost to design and construct the Road Work, including all design and contract
administration costs, is $770,000.00 as set out in Schedule 2. The Municipality shall front end
such costs, and the Owner shall reimburse the Municipality as set out in Part 5.
4.3 The estimated costs in sections 4.1 and 4.2 do not include any costs incurred by the Municipality
prior to execution of this Agreement (e.g. engineering consulting fees relating to the design of the
Works, engineering consulting fees relating to the Phase 2 and Phase 3 work described in
sections 2.3 and 2.4, and the preparation of Plan 40R- ). All of these costs shall be
the sole responsibility of the Municipality.
Final Cost
4.4 The Municipality shall deliver to the Owner a statement detailing the Final Cost of the Road
Work. If requested, the Municipality shall provide the Owner with copies of certificates, reports,
contracts or other documents and materials in its possession for the purpose of satisfying the
Owner as to the Final Cost for the Road Work.
Arbitration
4.5 If the Owner disputes the Final Cost of the Road Work, the Owner shall have the right to require
that such dispute be submitted and settled by an arbitrator appointed pursuant to the Arbitrations
Act, 1991, S.O. 1991, c. 17 and the arbitrator's decision shall be final and binding on the Owner
and the Municipality.
Legal Fees and Disbursements
4.6 Each party shall pay its own legal fees. The Municipality shall be responsible for all
disbursements associated with preparation and registration of this Agreement and the
registration of the transfer described in section 6.2. The Owner shall be responsible for any fees
incurred to obtain and register the postponements described in sections 6.3, 6.4 and 6.5.
Development Charges
4.7 The Owner acknowledges that all works included in Road Work are local services as described
in subsection 59(2) of the Development Charges Act, 1997, S.O. 1997, c. 27 that would, but for
this Agreement, be constructed at the expense of the Owner as a condition of approval under
section 51 of the Planning Act, R.S.O. 1990, c. P.13.
4.8 The Owner shall not be responsible for payment of.any portion of the Culvert Work, but shall be
responsible for payment of the Municipality's normal industrial development charges at the rate
in effect under Development Charge By-law No. 2010-058 when the payment is made.
PART 5 - REIMBURSEMENT
Culvert Work
5.1 The Municipality shall be responsible for 100% of the cost of designing, constructing, repairing
and maintaining the Culvert Work with no reimbursement from the Owner.
Road Work
5.2 As a condition of approval of a plan of subdivision'for the Lands under section 51 of the Planning
Act, R.S.O. 1990, c. P.13, approval of any-red-line revisions to Plan 18T-87055, or any other
approval referred to in subsection 2(2) of the Development Charges Act, 1997, S.O. 1997, c. 27,
the Owner shall be required to reimburse the Municipality for the full amount of the Final Cost of
the Road Work.
Subdivision Agreement— 1029629 Ontario Inc. Page 15
Interest
5.3 The amount owing to the Municipality under section 5.2 shall bear interest at the Prime Business
Lending Rate as reported by the Bank of Canada from the date that the Municipality delivers to
the Owner the statement referred to in section 4.4 until paid in full.
Term
5.4 If the Owner has not reimbursed the Municipality all amounts owing under sections 5.2 and 5.3
prior to December 31, 2023, then all such amounts owing shall become due and payable on that
day.
PART 6 - REGISTRATION REQUIREMENTS
Solicitor's Certificate
6.1 Concurrent with the execution of this Agreement, the Owner shall provide to the Municipality a
solicitor's certificate in a form acceptable to the Municipal Solicitor certifying ownership of the
Lands and all encumbrances against the Lands.
Transfer of Lake Road Extension Land
6.2 Concurrent with the execution of this Agreement, the Owner shall transfer to the Municipality for
nominal consideration the land described as Part _ on Plan 40R- free and clear of
encumbrances and restrictions.
Postponements
6.3 Montik Financial Services Inc. hereby postpones the Charge registered in its favour as
Instrument No. DR164312 on April 11, 2002 to this Agreement.
6.4 1755480 Ontario Inc. hereby postpones the Charge registered in its favour as Instrument No.
DR499773 on May 15, 2006 to this Agreement.
6.5 David Goodman hereby postpones the Charge registered in his favour as Instrument No.
DR1182567 on June 7, 2013 to this Agreement.
PART 7 - REMEDIES
Mutual Indemnity
7.1 The Municipality and the Owner shall indemnify and save each other harmless from and against
all actions, claims, liabilities, losses, damages and expenses (including reasonable legal costs)
by reason of any breach or default under this Agreement provided that such breach or default
did not arise by virtue of circumstances beyond the party's reasonable control.
Registration
7.2 The Owner consents to the registration of notice of this Agreement against title to the Lands.
7.3 The Municipality may enforce the provisions of this Agreement against the Owner and, subject to
the provisions of the Registry Act, R.S.O. 1990, c. R.20 and the Land Titles Act, R.S.O. 1990, c.
L.5, against all subsequent owners of the Lands.
Release of Agreement
7.4 The Municipality shall prepare and register a release of this Agreement at the time of registration
of a plan of subdivision for the Lands (or when the Owner receives another approval described in
section 5.2) if the Owner is not then in default of its obligations under this Agreement.
Charge
7.5 The Owner acknowledges that all amounts owing to the Municipality under this Agreement, until
Subdivision Agreement— 1029629 Ontario Inc. Page 16
reimbursed, shall constitute a lien and charge on and against the Lands, it being the intent of the
parties that the Municipality has all the rights and remedies of a secured party under the
Mortgages Act, R.S.O. 1990, c. MAO in relation to any unpaid amounts.
PART 8 - GENERAL
8.1 The Works may be used by the Municipality and the public for any of the purposes for which they
are designed, without interference by the Owner, and without the payment of any compensation
to the Owner.
8.2 The Owner shall not assign this Agreement without the Municipality's consent.
8.3 This Agreement shall enure to the benefit of and shall bind the parties and their respective
successors and permitted assigns.
8.4 No amendment to this Agreement shall be effective unless made in writing and signed by all
parties.
8.5 If any provision of this Agreement is held by a court to be invalid, illegal or unenforceable, the
remaining provisions shall not be affected.
8.6 This Agreement shall be governed by and construed in accordance with the laws in force in the
Province of Ontario.
8.7 Time shall be of the essence of this Agreement.
8.8 This Agreement may be executed in any number of counterparts and all such counterparts shall
for all purposes constitute one agreement, binding on all parties notwithstanding that all parties
are not signatories to the same counterpart.
8.9 The parties agree to execute such other instruments as may from time to time be necessary or
desirable to give effect to the provisions of this Agreement.
8.10 Any notice that is required to be or may be given under this Agreement shall be in writing and
shall be sent by e-mail or delivered:
To the Owner: 1029629 Ontario Inc.
439 University Avenue, Suite 1500
Toronto, ON M5G 1Y8
Attention: Ismail Gulamali
Email:
To the Municipality: Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1 C 3A6
Attention: Director of Engineering Services
Email: engineerinct(�D-clarington.net
or such other e-mail address or postal address of which either party has notified the other. Any
such notice shall be effective from the date that it is so emailed or delivered.
Subdivision Agreement— 1029629 Ontario Inc. Page 17
IN WITNESS WHEREOF the parties have signed this Agreement.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
We have authority to bind the Corporation
1029629 ONTARIO INC.
Per:
Per:
IM/e have authority to bind the Corporation
MONTIK FINANCIAL SERVICES INC.
Per:
Per:
IM/e have authority to bind the Corporation
1755480 ONTARIO INC.
Per:
Per:
IM/e have authority to bind the Corporation
DAVID GOODMAN
Subdivision Agreement- 1029629 Ontario Inc. Page 18
SCHEDULE 1 —LOCATION MAP
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BOWMANVILLE LAKE ROAD EXTENSION
Subdivision Agreement— 1029629 Ontario Inc. Page 19
SCHEDULE 2 -COST ESTIMATE FOR ROAD WORK
PRELIMINARY ESTIMATE-LAKE ROAD EXTENSION-STAGE 1
Description Unit Quantity Unit Price "total Share Method Clarington Developer @
Phase'1'-LAKE ROAD EXTENSION-CREEK CROSSING AND ROADWORKS Share 25.0% 75.0%
Erosion and Sediment Control Measures LS 100% 20.000.00 20,000.00 Shared 5.000.00 15,000.00
Crossing Structure Over Bennett Creek m 25 27,000.00 675,000.00 Clarington 675.000.00 -
incl.Abutments,Deck,Footings,
CaissonsfPiles,Excavation,Backfill
Culvert Wingwalls LS 100% 50,000.00 50,000.00 Clarington 50.000.00 -
Guiderail at Structure m 100 150.00 15,000.00 Clarington 15,000.00 -
End Treatments ea 4 5,000.00 20,000.00 Clarington 20,000.00 -
Temporary Downstream LS 100% 40,000.00 40,000.00 Clarington 40,000.00
Reconfigurations to Direct Flow from new
culvert to existing channel
Temporary Upstream Reconfigurations to LS 100% 10,000.00 10,000.00 Clarington 10,000.00 -
Direct Flow into new culvert
Earth Excavation and Grading to m3 7,337 12.00 88.044.00 Shared- 15,924.00 72,120.00
Construct Roadway EXCEPTION
Disposal of Excess Material Off Site m3 2,700 7.00 18.900.00 Shared- 1418.33 15,481.67
EXCEPTION
Water for Compaction and Dust m3 520 15.00 7,800.00 Shared 1,950.00 5,850.00
Suppression
Granular'S',Type I t 8,000 12.00 96,000.00 Shared 24,000.00 72,000.00
Granular'A' t 3,600 20.00 72,000.00 Shared 18,000.00 54,000.00
Supply and Install Geotextile,Terratrack m2 3,500 2.50 8,750.00 Shared 2,190.00 6,560.00
20OW
Supply and Install Geogrid, m2 3,500 2.50 8,750.00 Shared 4190.00 6,560.00
Tensar Bx 1100
Sawcutting Asphalt m 100 25.00 2,500.00 Clarington 2,500.00 -
Hot Mix H.l_-8 t 850 100.00 85,000.00 Shared 21.250.00 63,750.00
Hot Mix H.L.-3 t 425 110.00 46.750.00 Shared 11.690.00 35,060.00
Screening and Placement of Salvaged m2 16,000 4.00 64,000.00 Shared 16,000.00 48,000.00
Topsoil
Sod(Nursery,Unstaked) m2 2,000 4.00 8,000.00 Shared 2,000.00 6,000.00
Terraseed m? 14,000 3.50 49,000.00 Shared 12,250.00 36,750.00
Pavement Markings m 500 6.00 3,000.00 Shared 750.00 2,250.00
Supply and Installation of Signs Mounted ea 10 400.00 4,000.00 Shared 1,000.00 3,000.00
on Direct Buried Poles
Street Lighting on Re-Aligned Poles m 500 70.00 35,000.00 Shared 8.750.00 26,250.00
Reconfiguration of Entrances.Road and LS 100% 40,000.00 40,000.00 Clarington 40,000.00 -
Drainage at Existing Lake Road
Terminus
Reconfiguration of Road and Drainage at LS 100% 25,000.00 25,000.00 Developer - 25,000.00
Existing Lambs Road
Miscellaneous Alterations to Exisfing LS 100% 10,000.00 10.000.00 Shared 2500.00 7,500.00
Sanitary Sewer
Miscellaneous Alterations to Existing LS 100% 10,000.00 10,000.00 Shared 2,500.00 7,500.00
Watermain
Suit Total Construction $ 1,512,444.00 S 1,003,862.33 $ 508,631.67
Construction"Genera["Items % 39/6 46,000.00 %of Share 30.000.00 16,000.00
Engineering Design % 7% 106,000.00 %of Share 70.000.00 36,000.00
Contract Administration and Inspection % 8% 121,000.00 %of Share 80,000.00 41,000.00
Contingency % 10% 135,006.00 %of Share 75,387.667 59,618.33
Geotechnical investigation LS 100% 9,500.00 9,500.00 Clarington 9,500.00 -
Relocation of Existing Overhead Hydra LS 100% 125,000.00 125,000.00 Shared 31250.00 93,750.00
(Rough Estimate)
Legal Property Establishment for ROW LS 100% 15,000-00 15,000.00 Developer - 15,000.00
Total Part'1A`(carried to Summary) $ 2,070,000.00 S 1,300,000.00 $ 770,000,00