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HomeMy WebLinkAboutEGD-41-03 , ~ . REl'OIl.T #5 Cl~jgglon REPORT ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL MONDAY, OCTOBER 20,2003 Resolution #: Date: Report #: EGD-41-03 File#: By-law #: Subject: PROPOSED NEW BOWMANVILLE SECONDARY SCHOOL: SEVERANCE AGREEMENT (LD 094/2004) Recommendations: 1. THAT report EGD-41-Q3 be received; 2. THAT Council approve the Severance Agreement between the Municipality of Clarington, 672003 Ontario Ltd. and the Kawartha Pine Ridge District School Board which is referred to in this Report; 3. THAT the by-law contained in Attachment 2 be passed to authorize the Mayor and the Municipal Clerk to execute the Severance Agreement referred to in this Report on behalf of the Municipality; 4. THAT all interested parties listed in this Report and any delegations be advised of Council's decision. Respectfully by, ~ Submitted by: A.S. Cannella Director of Engineering Services ~ Rewed by: Franklin Wu 4Chief Administrative Officer ASC*jb October 16, 2003 < Report #EGD-41-o3 Page 2 Proposed New Bowmanville Secondary School Severance Agreement (LD 094/2004) 1.0 BACKGROUND 1.1 On May 21, 2003, the Durham Land Division Committee gave its provisional conditional consent to the transfer of a parcel of land comprising 6.14 ha by 672003 Ontario Ltd. ("Owner") to the Kawartha Pine Ridge District School Board ("School Board') for the purpose of constructing the new Bowmanville Secondary School on it. The land is located on the east side of Green Road north of the unopened Concession road allowance between Concessions 1 and 2. It comprises part of Lot 16, Concession 2, former Township of Darlington. The provisional consent is conditional, among other conditions, on the applicant satisfying the requirements of the Municipality of Clarington financial and otherwise. 1 .2 The land proposed to be transferred to the School Board is part of a larger tract of land owned by the Owner. The land that will be retained by the Owner comprises about 38 ha. Currently, the Owner's consultants are preparing studies necessary to the completion of an application for draft plan of subdivision approval which the Owner intends to file with the Municipality in the relatively near future. 1.3 The easterly limit of the proposed Secondary School site will be the westerly limit of the future alignment of Clarington Boulevard when it is extended north from Uptown Avenue. The alignment north of the Concession road allowance is owned by the Owner who also owns lands to the east of the alignment, lands to the north of the northerly boundary of the proposed Secondary School site and its projection easterly and lands to the east of the alignment. 1.4 The principal entrance to the proposed Secondary School will be via Clarington Boulevard when it is extended northerly from Uptown Avenue. Services will be constructed on the alignment of the Clarington Boulevard extension. 1.5 The portion of the Clarington Avenue alignment between Uptown Avenue on the south and the Concession road allowance is shown as Part 19 on Reference Plan 16730. Currently, it is owned by Halloway Holdings Limited ("Halloway") who acquired it and certain other lands from Willsonia Industries Limited ("Willsonia"). On June 13, 2003, Council authorized the execution of the Second Amending Agreement to the Servicing Agreement dated May 24, 1994 between the Municipality, Willsonia and a company associated with Willsonia. The Servicing Agreement had provided for the dedication of portions of the Willsonia lands required for Clarington Boulevard and Uptown Avenue and the servicing of them at the cost of Willsonia. This obligation to the Municipality under the Servicing Agreement is assumed by Halloway under the Second Amending Agreement. , Report #EGD-41-03 Page 3 Proposed New Bowmanville Secondary School Severance Agreement (LD 09412004) 1.6 The Second Amending Agreement with Willsonia and Halloway was prepared in contemplation of a Severance Agreement being made by the Municipality with the Owner and the School Board pursuant to the provisional consent to transfer the Secondary School site which would provide for the early extension of Clarington Boulevard to that site. 1.7 Under the Second Amending Agreement, Halloway will assume Willsonia's obligation to transfer Part 19 on Plan 40R-16730 to the Municipality for a nominal consideration and to pay for the cost of construction of the extension of Clarington Boulevard on it. It provides for Y. of the as-constructed costs to be drawn by the Municipality from securities to be posted by Halloway and the amount when drawn to be transmitted to the School Board following the issuance of a Certificate of Acceptance of these Works by the Municipality. The second half of the as-constructed costs will be drawn by the Municipality and transmitted to the School Board after the earlier to occur of the issuance of a building permit for the construction of one or more buildings on Phase II of the Development of the original Willsonia lands; the issuance of a building permit for the construction of more than 60,000 square feet of gross leasable area on lands within Halloway's draft Plan of Subdivision SC-2002-003; and June 1, 2013. 1.8 A draft Severance Agreement has been negotiated by staff with the Owner and the School Board and is recommended for approval. It will satisfy the condition of the provisional consent relating to the Municipality. Its principal provisions are described in the next section of this Report. Its execution and implementation are necessary to accommodate the servicing of the Secondary School site and the early commencement of construction of the Secondary School. 2.0 THE RECOMMENDED SEVERANCE AGREEMENT 2.1 The recommended Severance Agreement adapts the prOVIsions of the Municipality's standard subdivision agreement to fit the present circumstances. The School Board will proceed to construct the extension of Clarington Boulevard from Uptown Avenue over part 19 on Plan 40R-16730, across its intersection with the unopened Concession road allowance, and then northward approximately 220 metres to the easterly projection of the northerly boundary of the Secondary School site and a temporary turning circle. The construction is the School Board's and not the Owner's obligation under the Servicing Agreement since the School Board wishes to construct the Secondary School as soon as possible and in advance of the approval of the plan of subdivision of the Owner's retained lands. . Report #EGD-41'()3 Page 4 Proposed New Bowmanville Secondary School Severance Agreement (LD 094/2004) 2.2 The Severance Agreement provides for the onward transmittal of the money drawn by the Municipality from securities posted by Halloway to reimburse the School Board for the as-constructed cost of the portion of Clarington Boulevard on Part 19 on Plan 40R-16730, that is to the southerly limit of the unopened Concession road allowance. However, as far as the Agreement with the Municipality is concemed, the School Board is responsible for the full costs of constructing the extension of Clarington Boulevard over Part 19 on Plan 40R- 16730 to the easterly projection of the northerly limit of the Secondary School site. 2.3 Under the Severance Agreement, the Owner or the School Board is responsible to transfer title to the Municipality of the portion of the Clarington Boulevard extension north from the northerly limit of the unopened Concession road allowance and the land required for the temporary turning circle at the northerly end of the extension. In addition, the Owner or the School Board is to transfer a parcel of land containing about 0.121 ha on the easterly side of the Clarington Boulevard extension abutting the northerly limit of the unopened Concession road allowance to the Municipality for park purposes. Also, the Owner or the School Board is to transfer to the Municipality reserves abutting the extension, lands required for the widening of Green Road and reserves along Green Road. In addition, the Owner or the School Board is to transfer certain easements to the Municipality needed for stormwater management purposes. All of the transfers are to be free and clear of encumbrances and restrictions and are to be made for a nominal consideration. 2.4 The Severance Agreement provides that when the temporary turning circle lands are no longer required for tuming circle purposes, they may be retained by the Municipality for park purposes. If they are retained, the Owner will get credit for their dedication for park purposes against the park dedication requirement that will be imposed when a draft plan of subdivision for residential purposes is approved for the Owner's retained lands. The Agreement also provides that the Owner will be released from the Severance Agreement when it has performed the obligations outlined above or when the Owner transfers its obligations to a third person who covenants with the Municipality to assume the Owner's' obligations under the Severance Agreement. 2.5 Despite the execution of the Severance Agreement by the parties to it, the School Board is required to obtain a site plan approval for the development of the Secondary School site. 2.6 The draft Severance Agreement is available for your examination in the Municipal Clerk's Office. Because of its length it is not attached to this Report. 2.7 The Director of Planning Services concurs with this Report. Report #EGD-41'()3 Page 5 Proposed New Bowmanville Secondary School Severance Agreement (LD 094/2004) 3.0 RECOMMENDATIONS 3.1 It is recommended that the Mayor and Municipal clerk be authorized to execute a Severance Agreement substantially in the form of the draft Severance Agreement referred to in this Report on behalf of the Municipality. Attachments Attachment 1 - Attachment 2 - Location Map Draft Authorizing By-law List of Interested Parties: 672003 Ontario Limited 120 Dynamic Drive Suite 26 Scarborough, Ontario M1V 5Ca Mr. J. Hubbard Kawartha Pine Ridge District School Board 1994 Fisher Drive P.O. Box 719 Peterborough, Ontario K9J 7A1 D. Mann Barrister and Solicitor 14 Walton Street Port Hope, Ontario L 1A 1N5 K. Yolles Cassels, Brock and Blackwell LLP 2100 Scotia Plaza 40 King Street West Toronto, Ontario M3H 3C2 ---------------IITI , I P_- TT I I I I l II I I I I ' I I I L I. -J 11~1 : Lot 16, Cone. 2 Lot 15, Cone. 2 I 1- " 1.81. . 1_____ "=_ -=-. In=- -L=-=-=--=-__----r ~=l'i). -- lul r . I I Lot 16, Cone. 1 l~ I Lot 15, Cone. 1 "---._.__ I~I ~ I I '" J I _ il2 I c, I ~ &! .-_ _L_ ~ Highway NO.2 --'~T --- \ --------------------------------- -__J -..=j ~c--~---~'. - , I' , ---1 f::= ~l~, ~-, - rl~\~~v~ -[~ r\.-.-;~-- -j::/ , roo: I ~'f--::-\I --I' ... ~_ ._ _!t ~-~_, DRAWN BY: E.L I DATE OCT 16,',2003 , H -- ------i,- ...~ I .." -r-'C)l]' - REPORT No. EGD-41-03~' ". . '...0.~.~.l~~.......T....].........., '. /TII..L/J KE. Y MAP..... . .J.-.....' LO.. CATION MAP . . ... I ;Y&:\~\l!t:...l_ _f-LlIITl-1--'"-, - . '~Co.,-\\ ATTACHMENT NO.1... .... _cd , , ~ Retained lands Kawartha Pine Ridge School Board Site "0 0:: " Q) i'! l'J ---------- r -I ==-1 J L-:.. . B~~~I.. --,- - ~nds Retained -.- ------, b~Owner ,~ ~-" I Proposed Secondary ~; Sch".oISite I - ]S .' '. . J 11[;" L.. '11 if! J UL_ [ ~I ~ l,~ 1- 1----==-------, , , , i I // I l:g ,m I~ ~ I I I I I I I ! I I I I _ I _ I ./- I ../ _ __I_C::__ ...-.-- I -@-. I