HomeMy WebLinkAboutPSD-074-02
- - ---. -
. .
-.....,
ClfJI-ilJgton
REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
Date:
Report #:
COUNCIL
Monday, June 24, 2002
PSD.074-02 File: RE 20.1
By-law #:
Subject:
OPTION TO PURCHASE FUTURE DETENTION POND SITE FROM
MACOURTICE DEVELOPMENTS INC.
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Council approve the request made by Claret Investments Ltd. and 1361189
Ontario Limited (collectively the "Owner") that Council exercise the Municipality's rights
under paragraph 2.16 of the Subdivision Agreement between the Municipality,
Macourtice Developments Inc. and Canada Trustco Mortgage Company dated
September 3, 1991 and registered in the Land Registry Office as Instrument No.
NL34844 to exercise an Option to Purchase the Future Detention Pond Site as Part 1 on
Plan 40R-13921 subject to the Owner entering into an agreement with the Municipality
satisfactory to the Director of Planning Services to indemnify the Municipality against all
costs associated with the exercise of the Option to Purchase and complete the resulting
contract of purchase and sale, as more particularly described in the letter from the
Municipality's Solicitor to the Owner dated June 18, 2002 contained in Attachment 2;
2. THAT Council authorize the Mayor and Municipal Clerk on behalf of the Municipality of
Clarington to enter into the agreement with the Owner which is referred to in
Recommendation No.1.
3. THAT Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the
Municipality of Clarington to exercise the Option to Purchase the Future Detention Pond
Site shown as Part 1 on Plan 40R-13921 from Macourtice Developments Inc. in
accordance with paragraph 2.16 of the Macourtice Subdivision Agreement.
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted bY:~' ~~
David J. Crome, M.C.I.P .P.P.
Director, Planning Services
Reviewed by:(jt~-=-~
Franklin Wu
Chief Administrative Officer
IL*BN*DJC*sh
June 20,2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830
REPORT NO.: PSD-074-02
PAGE 2
1.0 BACKGROUND
1.1 A Subdivision Agreement was made between the Municipality of Clarington and
Macourtice Developments Inc. ("Macourtice") on September 7, 1991. It was
registered as Instrument No. NL3844 in the Land Registry Office ("Macourtice
Subdivision Agreement"). This Subdivision Agreement applies to the lands within
draft Plan of Subdivision 18T-86073. These lands are located to the south and
east of Courtice Road and Nash Road ("Macourtice Lands"). The Macourtice
Lands are shown on the Key Map contained in Attachment 1.
1.2 The Macourtice Lands are downstream of other development lands owned by other
persons. The development lands include lands within draft Plans of Subdivision 18T-
92014 and 18T-94027 which are owned by Claret Investments Ltd. ("Claret") and
1361189 Ontario Limited ("1361189").
1.3 The East Macourtice Tributary Creek Drainage Study, dated November, 1990, as
approved by the Municipality's Director of Engineering Services ("Study"), identifies the
site of a future stormwater management detention pond to be located on the Macourtice
lands ("Future Detention Pond Site"). It will serve the management of stormwater
drainage from up-stream development in the sub-watershed area. The Future Detention
Pond Site is shown as Part 1 on Reference Plan of Survey 40R-13921.
1.4 In paragraph 2.16 of the Macourtice Subdivision Agreement, the parties acknowledged
that the Future Detention Pond Site will be required to implement the recommendations
of the Study. Accordingly, Macourtice granted to the Municipality an irrevocable option to
purchase ("Option") the Future Pond Site at any time within 15 years following September
3, 1991 at the "Appraised Purchase Price" of the Site. A procedure is set out for the
determination of the Appraised Purchase Price and the exercise of the Option.
1.5 When the Option has been exercised by the Municipality in accordance with
paragraph 2.16 of the Macourtice Subdivision Agreement, the resulting agreement
of purchase and sale between the Municipality and Macourtice will have the
content set out in Schedule "X" to the Subdivision Agreement. Copies of paragraph
2.16 and Schedule "X" are contained in Attachment 2
REPORT NO.: PSD-074-02
PAGE 3
1.6 The first step that must be taken by the Municipality before exercising the Option is
set out in paragraph 2.16(3) of the Macourtice Subdivision Agreement. The
Municipality must first appoint a qualified land appraiser to prepare his professional
opinion of the purchase price of the Future Detention Pond Site in accordance with
the provisions of paragraph 2.16 of the Subdivision Agreement.
1.7 Claret and 1361189 have requested that the Municipality exercise the Option to purchase
the Future Detention Pond Site at their cost. These companies will agree to front-end all
costs associated with the exercise of the Option and the completion of the resulting
agreement of purchase and sale. A letter from the Municipality's Solicitor to Claret and
1361189 dated June 18, 2002 details the requirement that staff recommend to Council in
this regard. By letter dated June 19, 2002 addressed to the Director of Engineering
Services, Claret and 1361189 agreed with these requirements. Copies of both letters are
contained in Attachment 3.
2.0 CONCLUSION AND RECOMMENDATIONS
2.1 It is recommended that Council approve the request of Claret and 1361189 that the
Municipality proceed under paragraph 2.16 of the Macourtice Subdivision Agreement to
exercise the Option, subject to the execution of an agreement by Claret and 1361189
with the Municipality satisfactory to the Director of Planning Services setting out the
specific requirements of the Municipality which shall be consistent with the intent of the
letters contained in Attachment 3.
2.2 It is also recommended that staff be authorized to engage a qualified land appraiser to
prepare an appraisal of the Future Detention Pond Site in accordance with paragraph
2.16 of the Macourtice Subdivision Agreement.
2.3 It is further recommended that Council pass a by-law to authorize the exercise of the
Option to Purchase the Future Detention Pond Site in accordance with paragraph 2.16
of the Macourtice Subdivision Agreement.
2.4 The Director of Engineering Services concurs with this Report.
REPORT NO.: PSD-074-02
PAGE 4
Attachment 1 - Key Map
Attachment 2 - Paragraph 2.16 and schedule "X" from
Macourtice Subdivision Agreement
Attachment 3 - Letter from Dennis Hefferon to Claret Investments Ltd. and their reply
dated June 19, 2002 addressed to the Director of Engineering Services
Interested parties to be notified of Council and Committee's decision:
Mr. Bill Mason
WDM Consultants
20 Clematis Road
Willowdale, Ontario
M2J 4X2
Claret Investments Limited
97 Athol Street East
Oshawa, Ontario
L 1 H 1 J8
1361189 Ontario Limited
97 Athol Street East
Oshawa, Ontario
L1H 1J8
"
LOT 28
NASH
ROAD
f....:
~
~
j.;::
s
~
f....:
V)
eJ
J..;:
~
~
~
~
~
(J'j
DRIVE
Q
~
Q::
~
j:::
~
8
AY Z
HIGHWr-
ATTACHMENT 1
I I Macourtice Lands
~ Future Detention Pond Site
Courtice Key Map
N
Z
o
(f)
(f)
w
()
z
o
()
J
, ,
Page 19
(2) On a final Plan of Subdivision implementing Plan 18T-86073 approved pursuant to
the Planning Act, 1983 being registered against the title to anyone (1) or more
portions - ~f the Lands, the registered finaJ Plan of Subdivision shall be deemed to
be substituted for the red-lined draft Plan of Subdivision 18T-86073 for the pwposes
of this Agreement All amendments necesswy to this Agreement shall be considered
to have been made to it and to the descriptions and references contained in it,
including without limiting the generality of the foregoing. Schedules "B", "E", "F', "G",
'N", "0", 'P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-86073 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.14 Nollncatlon of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
The Owner: Macourtice Developments Inc.,
3100 Steeles Avenue East, Suite 301
Markham, Ontario,
13R 8T3
or such other address of which the Owner has notified the 'fawn in writing. Any such
notice so mailed or delivered sball be deemed good and sufficient notice under the terms
of this Agreement and sball be effective from the date which it is so mailed or delivered.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
2.16 Ontlon to Purchase Land for Stormwater Detenllon Pond
(1) The Parties bereby acknowledge that on the day as of which this Agreement is made,
the portion of Block 77 shown on draft Plan of Subdivision 18T-86073 whicb is
shown as Part 1 on Plan of Survey deposited of record in the Land Registry Office
for the Land TItles Division of Newcastle (No. 10) as Plan lOR-
(the ''Future Detentlon Pond Site") will be required to be improved as a stormwater
detention pond and associated facilities' in order to implement the recommendations
contained in tbe 'East (Macourtice) Tributary Creek Master Drainage Study"
prepared by G.N Semas & Associates Ltd., draft dated November, 1990 as finally
approved by and on file with the Director.
ATTACHMENT 2
Page 20
(2) The Owner bereby grants to the Town an irrevocable option to purcbase (the
"Option') 'the Future Detention Pond Site In fee simple absolute, free and clear of
all encumbrances and restrictions. The Option shall be exercised by the Town giving
written notice that it bas been exercised to the Owner at any time within thirty (30)
days following the day on whicb the "Appraised Purchase Price" (as bereafter
defined) becomes fInaJ and binding between the Parties to this Agreement pursuant
to either paragrapb 2.16(4) or paragrapb 2.16(6) ("the "Option Exercise Day")
provided that if wrillen notice of the exercise of the Option is not given as aforesaid
prior to the expiry of the fifteen (15) year period whicb commences on the day as
of which this Agreement is made, the Option shall terminate on the expiry of sucb
fifteen (15) year period. The consideration which shall be payable In cash or by
certified cheque on the "Completion Date" (as hereafter defined) of the resulting
agreement of purchase and sale of the Future Detention Pond Site is the Appraised
Purchase Price whicb bas become final and binding between the parties to this
Agreement pursuant to either paragraph 2.16(5) or 2.16(6) less the amount of the
"Stormwater Management Contribution" (as bereafter defined) referred to In
paragraph 5.28(1) of this Agreement. On the exercise of tbe Option as aforesaid,
the Owner and the Town shall be deemed thereupon to bave entered Into a binding
agreement of purchase and sale of the Future Detention Pond Site containing the
terms and conditions set out In Scbedule "X" bereto, Including the term that it sball
be completed on the day (tbe "Completion Date") whicb is the day of expiry of the
fifteen (15) day period wbich commences on the Option Exercise Day.
(3)
Prior to exercising the Option to purchase the Future Detention Pond Site, the
Director sball appoint In writing a qualified land appraiser (the 'Town's Appraiser")
to prepare his professional wrillen opinion of the purchase price (the "Appraised
Purchase Price") that a wlllIng seller would pay to a willing vendor for the Future
Detention Pond Site with all of Its advantages and disadvantages determined as of
the date (the "Valuation Date") on which tbe appraiser is appointed by the Director
provided that it shall be assumed that no park contributions will be required to be
made under tbe Planning Act, 1983 in respect of the development of the Future
Detention Pond Site. The appraiser so appointed shall be Instructed to give his
wrillen opinion to the Director and to the Owner no later than thirty (30) days
following the Valuation Date. Forthwith after making the appointment, the Director
shall sive the Owner wrillen notlce of the appointment of the Town's Appraiser
pursuant to this paragrapb 2.16(3).
(4) Prior to the expiry of thirty (30) days following the occurrence of the Valuation Date,
the Owner may appoint another qualified land appraiser (the "Owner's Appraiser")
to provide his wrillen opinion of the Appraised,Purchase Price which sball be based
, ,
Page 21
on the same considerations as those set out in paragraph 2.16(3) and which written
opinion shall be given both to the Owner and the Director prior to the expiry of
thirty (30) da)'ll followina the occurrence of the Valuation Date. Forthwith after
maIdnti: the appointment, the Owner Ihall give the Director written notice of the
appointment of the Owner's Appraiser pursuant to this paragraph 2.16(4).
(5) In the event that the Owner has not notified the Director in writing prior to the
expiry of thirty (30) da)'ll following the occurrence of the Valuation Date that it
accepts the Appraised Purchase Price determined by the Town's Appraiser and either
the Owner has not appointed an appraiser pursuant to this paragraph 2.16(4), or
the written opinion of the Owner's Appraiser has not been given to the Director as
is required by paragraph 2.16(4), the Owner and the Town shall be deemed to have
accepted the Approved Purchase Price determined by the Town's Appraiser and it
shall be final and binding between the parties to this Agreement.
(6) In the even! that (1) the Owner appoints the Owner's Appraiser pursuant to
paragraph 2.16(4), (2) the Owner's written opinion of the Appraised Purchase Price
is given to the Director and to the Owner within the period provided in paragraph
2.14(4), (3) the Owner's Appraiser in his written opinion has determined the
Appraised Purchase Price for the Detention Pond Site to be an amount at leut
twenty (20%) percent higher than the amount of this Appraised Purchase Price
determined in the written opinion of the Town's Appraiser, no later than the expiry
of five (5) days following the giving of the written opinion of the Owner's Appraiser
to the Director in accordance with paragraph 2.16(4), the Owner may give written
notice to the Director requiring the Director to appoint another quaJjfied appraiser
(the '"Third Appraiser") to give a third written opinion as to the Appraised Purchase
Price. The Third Appraiser shall be independent from the Town's Appraiser and
the Owner's Appraiser appointed pursuant to paragraphs 2.16(3) and 2.16(4),
respectively. Forthwith after appointing the Third Appraiser the Director shall give
the Owner written notice of his appointment. The Third Appraiser's written opinion
shall be based on the same considerations as those set out in paragraph 2.16(3). In
preparing it the Third Appraiser shall also have regard for the written opinions of
the Town's Appraiser and the Owner's Appraiser referred to in paragraphs 2.16(3)
and 2.16(4) respectively. The written opinion of the Third Appraiser shall be given
to the Director and to the Owner prior to the expiry of thirty (30) da)'ll following the
appointment of the Third Appraiser pursuant to this paragraph 2.16(6). The written
opinion of the Third Appraiser of the Appraised Purchase Price of the Future
Detention Pond Site shall be final and binding between the parties to this
Agreement.
(7) All appraisals referred to in paragraph 2.16 shall be prepared at the Owner's cost.
Forthwith after written notice is given to the Owner by the Director, the Owner shall
Page 22
reimburse the Town for any expenditures made by the Town in respect of any sucb
appraisal.
--
ARTICLE 3. FINANCIAl.
3.1 Pavment or Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C' hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more ponions of the Lands after the date of executioo of this Agreement in
accordance with the law.
3.2 Pavment of Local IJIlol'Ovement Ch8~S
Prior to the date of execution of this Agreement, the Owner shall pay all charges
with respect to local improvements assessed against the said Lands as set out in Schedule
"C' hereto. Such charges shall include the Town's share of any local improvements which
serve the said Lands and shall include the commuted value of such charges including
charges falling due after the date of the execution of this Agreement.
3.3 Pavment or Drainap Charye.
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act, R.S.O. 1980, c.126, and the Tile
Drainage Act, R.S.O. 1980, c.5oo against the Lands, as set out in Schedule "C' hereto,
including the commuted value of such charges falling due after the date of execution of this
Agreement.
3.4 PaYment or DevelQpment Levies
(1) The Owner shall pay all "Development Levies' (as defined in Schedule "0") in the
amounts and at the times set out in Schedule "0" hereto. For greater certainty, prior
to the issuance of any building permit in respect of any lot(s) or block(s) on the
Lands, the Owner shall pay all remaining Development Levies assessed against such
lot(s) or block(s).
(2) Without derogating from paragraphs 4.11(15), 5.27(5) 5.28(1), 5.28(3), 5.29(1) and
5.29(2), the Parties acknowledge and agree the provisions of this Agreement,
including but not limited to, paragraph 3.4 and Schedules "0", "0", 'P", "P-l" and"P-
2" are not intended nor shall they be considered to have the effect of exempting the
Page -ttt I L'(
SCHEDULE "X"
THIS SCHEDULE IS SCHEDULE "X" to the Aireement which has been authorized and
approved by By=law No. 91.3 of the Corporation of the Town of Newcastle enacted and
passed on the 14th day of Janultl}', 1991.
TERMS OF AGREEMENT OF PURCHASE AND SATE OF
FUTURE DETENTION POND SITE
Without derogating from paragraph 2.16 of this Aireement, the Aireement of
Purchase and Sale arising from the exercise of the Option shall continue the following
tenos and conditions:
f
1.
Taxes and rent shall be apportioned between the parties and allowed to the
Completion Date, as same may be extended pursuant to the terms of this Schedule.
2. The Town shall be permitted until the Completion Date, as same may be extended
pursuant to the tenos of this Schedule, to search title to the Future Detention Pond
Site. Title to the Future Detention Pond Site shall be free and clear from all
restrictions, charges, liens and encumbrances except as specifically provided for in
this Aireement and save and except for:
(a) any registered municipal agreements and registered agreements with publicly
regulated utilities, providing such have been complied with or security has
been posted to ensure compliance and completion, as evidenced by a letter
from the relevant municipality or regulated utility; and
(b) any minor easements for the supply of domestic utility or telephone services
to the property or adjacent property.
3. If, within the time provided, any valid objection to title is made in writing to the
Owner or the Owner's solicitor and which the Owner is unable to remove, remedy
or satisfy by the Completion Date and which the Town will not waive, then the
Town, at its option, from time to time, may extend the Completion Date, by giving
notice in writing to the Owner or the Owner's Solicitor setting forth such extended
Completion Date: provided that the last of such extended Completion Dates is not
more than ninety (90) days following the original Completion Date. Until the
extended Completion Date(s), the Owner shall seek to reserve or satisfy all such
objections to title in good faith and diligently. S<ive as to any valid objection so
made and, except for any objection going to the root of title, the Town shall be
conclusively deemed to have accepted the Owner's title to the Future Detention
Pond Site. '
Page -ttt" (2- )
4. If the Owner bas been unable to remove, remedy or satisfy any valid objection to
title by the Completion Date, and as same may have been extended pursuant to the
terms of this Schedule. then the Town, at its option, may deliver a Notice of
Exprop!'~tion pursuant to the ElIprnprintions Act. and the Owner agrees not to
dispute such Notice of Expropriation. The Town may thereafter register a Plan of
Expropriation and the Owner agrees that, notwithstanding the date of registration
of such Plan of Expropriation, the compensation payable to the Owner and any
encumbrancers sball be the Appraised Purchase Price less the amount of the
Stormwater Management Contribution and the Owner shall not clalm any interest
on such compensation or make any claim for injurious affection.
5. The Option shall run with and bind the Future. Detention Pond Site and sball be
binding upon the Owner's successors and assigns.
6. The Option is conditional upon compliance with the provisions of Section 49 of the
Plannitt~ Act 1983.
7. No reference to or exercise of any specific right or remedy by the Town shall
prejudice or preclude it from any other remedy in respect thereof, wbether allowed
at law or in equity or expressly provided in this Agreement. No sucb remedy shall
be exclusive or dependent upon any other such remedy but the Town may, from time
to time. exercise anyone or more such remedies independently or in combination.
8. The Town shall be credited towards the Appraised Purchase Price with the amount,
if any, whicb sha1J be necessary for tbe Town to pay to the Receiver General of
Canada in order to satisfy the Town's liability in respect of tax payable by the Owner
under the non-residency provisions of tbe Income Tax Act by reasons of the exercise
, of the Option. The Town shall not claim such credit if the Owner delivers, on the
Completion Date, the prescribed Certificate or a Statutory Declaration that the
Owner is not then a non-resident of Canada.
9. The Transfer/Deed, save for the Land Transfer Tax Affidavit, shall be prepared in
registerable form at the expense of the Vendor.
10. Without derogating from Article 8 of this Agreement, time shall, in all respects, be
of the essence hereof, provided that the time for doing or completing any matter
provided for herein may be extended or abridged by an agreement in writing signed
by the Town and the Owner or by their respective solicitors who are expressly
appointed in this regard. Any tender of documents or money may be made upon the
Town or the Owner or upon their respective solicitors and money may be paid or
tendered by cheque certified by a Chartered Bank or Trust Company.
II. The Option and the completion of this transaction shall be governed by the laws of
the Province of Ontario.
JUN 20'02 10:38 FR ROBINS APPLEBY TAUB
.
TO?~ZlU 90~0g3"0'P. 02/04
ATTACHMENT 3
'l';' Z
Claret Investments Limited
1361189 Ontario Limited
401 Spinnaker way
Toro.nto Ontario
L4K 4N4
Telephone: (905) 660 1277
Facsimile: (9OS) 8lIO-7104
EmiR sidneyfreecln1an@on.IiDn.com
Jwr 192002
1\IIt A.S,Qmnclla
DiI'IlClor of ~cI--~.og Services
M1lni.~ otClariDglOll
40T~ Slreet
BllWIll8lM11e, OIl Lie 3M
RE:Mlmic:lpe1i1y of C111riDstoD: Opcion to pllldLue b1oc:Il; 77 011 dJlIft piau ot sulxlivlsiOD 181'-16013
rrOI1\ MlIeoll11ia DcvclOllJftCllI$ lnc lor the purpote: of 4 fllUltC SlormWlllCr dctClltion )lOIld 10 imp/Cnlall the
approved _llMac:ouniCCJ tribuwy <:mek cI:ainaee SIIIdy. daied. November. 1990,
Dear Mr CanncDa,
Wllh IcfezellCelOa IcIluflom 1be TOII/lt'ssolIdlorMr. Denzds C.ll'efl'eroDclaled.JIlJlC Ill. 2002aeopy or
whleh is llI1IlC><C:d hc:rcto, we ClOnIlnn IJIId undco1llkc 10 rront cu4 Ole CO$l$ otlhe MIlllicipu1ity in tm.lDIIttcr
u oulllDed in Ille k1Iet.
Thi~ andcr1aIcillg 'I ill eollllidl;ntioo. of lhe Town l:Xcrcislns tbc: o,pdOll to JlURbasc the IaDds ftlr 1bc future
detcntiOll pond, as oul1irled In Mr licll"eron'llCller lllacco,daIIcc: wilh IJIc relcvanl.JlIlVIIisiollS orlhc
subdiYi5ion agzeemem bel\,'eaa the TOWll aad Macouni... whidl pzolIidcs a JlRlCCdUle for "" daing.
Yours
JU< 19 'l!J2 16:33
PAGE. B:2
JUN 20'02 10:38 FR ROBINS APPLEBY TAUB
.
TO -
-' P.03/04
DENNIS C. HEFFERON
Barrister & Solicitor
Telephone (416) 360-3326
Facsimile (416) 868-0306
E-mail: dhelferon@robapp.com
SuIte 2500
130 Adelaide Street West
Torontol Ontario
M5H 2M2
June 18,2002
BY FAX
Claret Investments Limited
1361189 Ontario Limited
220 Spinnaker Way
Concord, ON L4K 2E5
Attention: Mr. Sidney Freedman
Dear Mr. Freedman:
Re: Municipality of Clarington: Option to Pu.rcllase Block 77 on draft Plan of
Subdivision 18T-86073 from Macourtice Developments Inc. for the Purpose of a
Future Stormwater Detention Pond to Implement the Approved East (Macourtice)
Tributary Creek Drainage Study, Dated November, 1990
I am writing to confirm our telephone conversation. I understand that Claret Investments
Limited ("Claret") and 1361189 Ontario Limited ("1361189") own certain lands within draft
Plan of Subdivision 18T-92014. Claret and 1361189 also own certain lands within draft Plan of
Subdivision 18T-94027. Both Plans of Subdivision are upstream of the Future Stormwater
Detention Pond and Associated Works referred to above. The Municipality has an option to
purchase ("Option") the site of the Pond and Associated Works from Macourtice Developments
Inc. ("Macourtice") pursuant to paragraph 2.16 of a Subdivision Agreement made between the
Municipality, Macourtice and Canada Trustco Mortgage Company dated September 3,1991 and
registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as
Instrument No. NL34844 ("Subdivision Agreement").
In our telephone conversation, you confinned that Claret and 1361189 will agree with
the Municipality to front-end the costs of the Municipality in exercising the Option and in
completing the purchase of Block 77 on draft Plan of Subdivision 1ST -86073 for the purpose of
the Future Stonnwater Detention Pond and Associated Works in consideration of the
Municipality agreeing to exercise the Option in accordance with the provisions of paragraph
2.16 of the Subdivision Agreement and to complete the purchase transaction.
The costs of the Municipality include but are not limited to the payment of: the purchase
price of the lands which are subject to the Option, including all taxes and registration fees
pursuant to the Agreement of Purchase and Sale referred to in paragraph 2.16 and Schedule "X"
of the Subdivision Agreement; and the Municipality's reasonable legal costs incurred in
J~ .20'02 10:39 FR ROBINS APPLEBY TAUB
. .
TO 7382~19056230830 P.04/04
Page 2
connection with this matter including the exercise of the Option and the implementation of the
Agreement of Purchase and Sale. Claret and 1361189 will pay the Municipality by certified
cheque an amount equal to the purchase price of the lands, taxes and registration fees no later
than three business days before the date of completion of the Agreement of Purchase and Sale.
ChlIet and 1361189 will pay all other costs of the Municipality provided for above within 30
days after an invoice is sent to them either by prepaid registered mail or by fax to the above
address and telefax number or other address and telefax numbers of which you inform the
Municipality's Director of Planning Services in writing.
If it is determined by the Municipality's Director of Engineering Services that owners
other than Claret and 1361189 will benefit from the Stormwater Detention Pond and Associated
Works, and if Claret and 1361189 apply to the Municipality for the making of a front-ending
agreement under the Development Charges Act, 1997, the Director will recommend to Council
that the costs of acquisition of the lands which are the subject of the Option or an appropriate
portion thereof as determined by the Director in his absolute discretion will be included in the
costs of the Stormwater Management Works which are to be shared by all benefiting owners.
Would you please respond by letter confirming that on behalf of Claret and 1361189 you
agree with the content of this letter and will co~ply with it. Please address your letter to:
Mr. A.S. Cannella
Director of Engineering Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
Fax: 1-905-623-9282
and copy it to me by fax to: 416-868-0306.
Yours very truly,
L~
DCH:bg
Detmis C. Hefferon
c. Mr. W. Manson
Mr. A.S. Cannella
Mr. N. Clark
Mr. D. Crome
** TOTAL PAGE.004 **