HomeMy WebLinkAboutEGD-41-03
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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,
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Submitted by: A.S. Cannella
Director of Engineering Services
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Rewed by: Franklin Wu
4Chief Administrative Officer
ASC*jb
October 16, 2003
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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.
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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.
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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
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