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HomeMy WebLinkAboutWD-41-95 Addendum Unfinished Business THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXXNR9 N , RAS XX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: DECEMBER 4, 1995 Res, # ADDENDUM TO Law# g� WD-41-95 C.10.26.01 Y' Report#: File #: — PROPOSAL TO CLOSE AND CONVEY THE UNOPENED ROAD ALLOWANCE Subject: BETWEEN LOTS 26 AND 27, CONCESSION 10, FORMER TOWNSHIP OF CLARKE TO DUFFERIN AGGREGATES, A DIVISION OF ST. LAWRENCE CEMENT INC. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report WD-41-95 be received; 2. THAT the unopened road allowance between Lots 26 and 27, Concession 10, former Clarke Township, be declared to be surplus property; 3. THAT the proposal from Dufferin Aggregates, in their correspondence dated November 27, 1995, be accepted, and staff be authorized to acknowledge the proposal by December 22, 1995; 4. THAT staff be authorized to advertise a Public Hearing, required by the Municipal Act, to stop-up, close and convey the unopened road allowance between Lots 26 and 27, Concession 10, former Clarke Township, to Dufferin Aggregates, FORTHWITH; 5. THAT if, following such Hearing, Council decides to pass the by-law to stop-up, close and convey the unopened road allowance, the Mayor and Clerk be authorized to execute the necessary documents to complete the closure and conveyance; 6. THAT the Selling Price of the property be established at the Market Value of $273,000, plus estimated negotiated costs; and, that the terms and conditions of payment be established in an Agreement between the Municipality of Clarington and Dufferin Aggregates, satisfactory to the Director of Public Works and the Municipality's Solicitor; 7. THAT the requirements of the Purchasing By-law No. 94-129 be waived; «r<< ' 225 11IIS IS PiIiRCD IX!IIE GVCLCO PAPE(i . REPORT NO.: ADDENDUM TO WD-41-95 PAGE 2 8. THAT the proposed By-law attached to Addendum to Report WD-41-95, authorizing the Mayor and Clerk to enter into the Agreement for the terms and conditions of payment, be approved; 9. THAT the invoice from Durham Appraisal Services for the Appraisal Report be paid from Account 2015-6-X; 10. THAT prior to closing, the Applicant be required to execute an Indemnity Agreement satisfactory to the Municipality's Solicitor; and 11. THAT Michael O'Connor, General Manager of Dufferin Aggregates, be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Report WD-41-95 No. 2: Correspondence, dated November 27, 1995, from Dufferin Aggregates No. 3: Proposed By-law authorizing the execution of necessary documents No. 4: Market Value Appraisal 2.0 BACKGROUND 2.1 Council, at its meeting of September 18, 1995, passed Resolution #GPA-537- 95, which ratified the actions taken "In Camera" which approved the recommendations in Confidential Report WD-41-95, as follows: "THAT the actions taken "In Camera" be ratified." 3.0 REVIEW 3.1 Appraisal of Market Value Durham Appraisal Services prepared an Appraisal Report to determine the market value of the subject property. The Market Value is determined to be $273,000. The evaluation is considered to be reasonable value for the property. 3.2 Payment of the Cost of the Appraisal Report Public Works staff negotiated the agreement based on the Municipality agreeing to pay the cost to obtain a Market Value Assessment of the property. The applicant agrees to pay all other costs associated with the transaction. i 1226 I REPORT NO.: ADDENDUM TO WD-41-95 PAGE 3 3.3 Terms and Agreement of Sale of Property The applicant, based on negotiations with Public Works staff, submitted a proposal to purchase the unopened road allowance based on the following terms and conditions: The purchase price payable to the Vendor for the Property shall be payable as follows: a) a deposit in the amount of Ten Thousand Dollars ($10,000.00) by certified cheque to the Vendor, upon execution of an Agreement of Purchase and Sale by the Vendor and Purchaser, to be placed by the Vendor's solicitors in an interest bearing account and to be credited, together with any interest thereon, to the purchase price on closing; b) the sum of One Hundred and Forty Thousand Dollars ($140,000.00) by certified cheque on closing; C) for the balance, the Purchaser shall provide the Vendor with 41,425 tonnes of Granular "A" Road Base Aggregate ("Product") in accordance with paragraph (d) hereof; d) the Product shall be made available loaded on trucks at the Purchaser's pit in Mosport and the Vendor shall be responsible for the costs of delivery from the pit. The Product shall be supplied to the Vendor at such time and in such amounts as ordered by the Vendor from time to time during the one (1) year period following closing. 3.4 Circulation to Agencies and Authorities The proposal by Dufferin Aggregates to purchase the subject property was circulated to all departments, agencies and authorities. No objections were received in response to the circulation. 3.5 Abutting Property Owners i Dufferin Aggregates is the property owner on both sides of the unopened road allowance. i 1227 REPORT NO.: ADDENDUM TO WD-41-95 PAGE 4 4.0 COMMENT 4.1 The Public Works Department and the Planning Department have reviewed the subject property and determined that the property is not required for Municipal Purposes. 4.2 The Treasury Department has reviewed the terms of the proposed agreement and supports the recommendations contained within this report. In particular, they are in agreement with the recommendation to waive the requirements of the Purchasing By-law, as it pertains to the supply of aggregate as partial payment of the property. 4.3 Public Works staff believe there is a significant financial advantage to obtaining the aggregate in exchange for partial payment of the property. The Municipality would be receiving 41,425 tonnes of Granular "A" Road Base Aggregate at a price of $2.97/tonne. This represents the lowest Tendered Price received for Granular "A" aggregate in 1995. The savings will be identified in a reduced expenditure for aggregate in the 1996 Current Budget. 5.0 RECOMMENDATION 5.1 The applicant has proposed a reasonable Offer to Purchase for the land and it is recommended that the Offer be accepted with terms and conditions acceptable to the Municipality and the Municipality's Solicitor. It is further recommended that the final form of agreement include a provision protecting the Municipality should the applicant default in providing the aggregate in accordance with the terms and conditions of the proposed agreement. Respectfully submitted, Reviewed by, stephefn A. Vokes, P.Eng. Marie A. Marano, H.BSc. ,A.M.C.T. Director of Public Works Treasurer I I Fra nklin Wu, M.C.I.P. , R.P.P. W. H. Stockwell' Director of Planning Chief Administrative Officer and Development JCO*SAV*ph November 29, 1995 Attachments 1228 REPORT NO.: ADDENDUM TO WD-41-95 PAGE 5 Dufferin Aggregates 620 Wilson Avenue Downsview, Ontario M3K 2A4 I I i i I i 1229 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT CONFIDENTIAL. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: SEPTEMBER 18, 1995 Res. # Report#: W8—dam File#: 01 By-Law# Subject: PROPOSAL TO CLOSE AND CONVEY THE .UNOPENED ROAD ALLOWANCE BETWEEN LOTS 26 AND 27, CONCESSION 10, FORMER TOWNSHIP OF CLARKE TO. DUFFERIN AGGREGATES, A .DIVISION OF ST. LAWRENCE CEMENT INC. Recommendations: It is respectfully recommended that the General .Purpose. and Administration Committee recommend to Council the following: 1.. THAT Report WD-41-95 be received;' 2. THAT the unopened road allowance. between Lots 26 and • 27, Conces6ion' 10:; *former Township of Clarke; be declared. to -be surplus property; 3. THAT staff' be authorized to obtain an appraisal of the' fair market value of the subject property; and 4. THAT, subsequent to obtaining an appraisal, staff be authorized to negotiate the sale of the . land with the applicant and.report to Council the recommended, selling price, as well as the terms and conditions under which the property should be sold. REPORT 1.0 ATTACHMENTS j No. 1: Key Map No. 2: Correspondence dated August 22,. 1995, from Dufferin Aggregates ATTACFMENT NO. 1 ADDENDUM TO WD-41-95 nvt"nLEo •P 3 0 EP ®PEcvCL 3r��.cLE REPORT NO. : WD-41-95 PAGE 2 No. 3: By-law 95-22, dated the 6th of March, 1995, establishing procedures governing the sale of real property 2.0 BACKGROUND 2. 1 Dufferin Aggregates, in correspondence dated August 22, 1995 (see Attachment No. 2) , indicated their interest in purchasing the subject unopened road allowance. 2 .2 By-law 95-22, Section 2, requires Council to declare the real property to be surplus property and to set out the reason why it should be declared surplus. 3.0 REVIEW AND COMMENT 3. 1 Dufferin Aggregates owns the lands on both sides of the subject unopened road allowance (see Attachment - No. 1) . Acquisition of the unopened road allowance would allow them to extract aggregate from the road allowance and also from the set-back area on either side of the road allowance. if ownership of the road allowance remains with the Municipality, the applicant is subject to zoning regulations, as they relate to set-back from the road allowance, and extraction from both the road allowance and set-backs would be prohibited. 3.2 Declaration of Surplus Land The Director of Public Works and the Director of Planning have considered the request to close and convey the road allowance and it has been determined that the subject road allowance is not required for municipal purposes. I Sale of the subject lands .to the abutting property owners, and ultimately its.development, is likely to provide more benefit l to the Municipality as an aggregate source and will not I 1 1231 REPORT NO. : WD-41-95 PAGE 3 adversely affect the transportation system of the Municipality. 3.3 Appraisal of Lands The Public Works Department recommends that fair market value of the land be determined by obtaining an independent appraisal report. Based on the market value, negotiations will proceed with the applicant, subject to Council's approval, in accordance with established procedures for closure and conveyance of road allowances, and by By-law 95-22 governing the sale of real property. 4.0 CONCLUSION 4 .1 It is, therefore, recommended that staff be authorized to proceed to acquire an appraisal report and negotiate an agreement of sale with the applicant. i Respectfully submitted, Reviewed by, C Franklin Wu, M.C.I.P. ,. R.P.P. , W. H. Stockwell Director of Planning Chief Administrative .Officer and Development S pen A. Vokes, P.Eng. Director of Public Works SAV*JCO*ph September 13, 1995 Attachments 1 1232 30m SETBACK PART 1 OF 40R-14683 DUFFERIN AGGREGATES DUFFERIN AGGREGATES LOT 27 LOT 26 I 30m SETBACK CON 10 I CON ' 10 (PREVIOUSLY OWNED BY TRT SAND & GRAVEL) i 30m SETBACK ST.LA WRENCE CEMENT INC. r..:i':.. iii.... ri:J:::i _ i _. •r _ _r. .i.rr:it i..i..r.ii:.i .. :::.. r.r a � CT as 34 W 32 31 W jqfl xl 20 1 IG 17 is is IL i I I ' III II 111111 C: ATTACHS CLARKE 40R14683.DW I I I I I I DRAWN R JM DATE: SEPT. 1995 5 T1 lJT-1 ATTACHMENT N0. 1 KEY MAP W[-41-95 123_ DUFFERIN AGGREGATES-=- 2 GG_R_E- ,ATES-=----- 620 Wilson Ave.. Downsview;-On ario'iv13R 2A4 fiel.i!(4 i6) 630:4422 Fax:"r416)•6�0-1704 DUFFERIN _.• foundations for the future ' August 22, 1995 _ ... .. _... Janet O'Neill -- Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Ms O'Neill; Re: Proposal to Close and Convey Unopened Road Allowance between Lots 26 and 27 Concession 10, Clarington Thank you for your letter of August 9 concerning the above proposal. As discussed, I now enclose the completed application form, a list of neighbours North and South of the licensed lands (including the former TRT lands), and a cheque for$6,250. - We share your interest in keeping neighbours informed and I suggest that when-. you contact them you invite them to call us at the pit if they.would like (Sam Jeater- Pit Superintendent 905-983-9289). We look forward to discussing .the value of the property with your appraiser. Andy Cooper of Jagger Hims has helped us evaluate the quality and quantity of materials in the road allowance. We can discuss this with your appraiser; alternatively he may wish to contact-Mr. Cooper directly (1-800-263-7419). I want to confirm our interest in closure and conveyance of the road allowance as opposed to a lease, which introduces serious concerns about liability and licensing. Our intention is to include the road allowance property in the former. TRT license. Please let me know if you need any more information. Yours sincerely, anacf-M3ff leo. 2 WD-41-95 Sarah B. Lowe Property & Resource Manager C.C. Mike O'Connor Andy Cooper, Jagger Hims Ron Haber, Fasken Campbell Godfrey o division of St.Lawrence Cement Inc. 1234 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-22 being a by-law to establish procedures governing the sale of real property pursuant to subsections 193(2) and (3) of the Municipal Act, R.S.O. 1990 c.M.45, as amended WHEREAS Section 55 of the Planning and Municipal Statute Law Amendment Act, 1994 was proclaimed to be in force on January 1, 1995. It repealed and replaced Section 193 of the Municipal Act, R.S.O. 1990, c.M.45 with a new Section 193; AND WHEREAS the new subsections 193(2)and(3)of the Municipal Act require every council with authority to sell or otherwise dispose of real property to pass a by-law to establish procedures, including the giving of notice to the public, governing the sale of real property; AND WHEREAS it is expedient to enact this By-law to establish procedures governing the sale of real property under subsection 193(2) of the Municipal Act, as amended, NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS: 1• In this by-law, the term: • "Act" means the Municipal Act, R.S.O. 1990 c.M.45, as amended from time to time and includes regulations made under it; • "Council" Clarington;means the council of the Corporation of the Municipality of • "Municipality"means The Corporalion of tfie Municipality of Clarington; • "sale" includes a lease of 21 years or longer; and • "surplus property" means real property owned or Corporation of the Municipality of leased by The Clarington which is not required for (lie purposes of the Municipality. 2. The'Municipality's Chief Administrative Officer, or a Director or other head of a department of the Municipality to whom Council has assigned responsibility for real property owned or leased by the Municipality in consultation with the Director of Planning and Development, from time to time shall: (a) identify real property that should be declared to be surplus property by Council; (b) report to Council recommending that Council declare the particular real property to be surplus property and setting out the reason wh be declared to be surplus property; and y it should (c) advise in every report recommending that Council declare particular real Property to be surplus property that at least one appraisal of the fair market value of the real property in question should be obtained before Council decides to sell, or exchange and transfer the real property in accordance with the Act and this by-law, unless an appraisal is not required under the Act. ATM IEW NO. 3 W&41-95 i 1235 - 2 - 3. Despite Section 2 but subject to the requirements of the Act, where real property owned by the Municipality consists of highways, public lanes, roads or road allowances, the Director of Public Works in consultation with the Director of Planning and Development from time to time shall: (a) identify the real property that should be declared surplus property by Council; (b) report to Council complying with the Act and Report WD-3-90 which was adopted by Council at its meeting on February 12, 1990, recommending that Council declare that the particular real property to be surplus property and setting out the reasons why it should be declared to be surplus property; (c) advise in every report recommending that real property be declared by Council to be surplus property that at least one appraisal of the fair market value of the real property in question should be obtained before Council decides to sell, or transfer the real property in accordance with the Act and this by-law, unless an appraisal is not required under the Act; and (d) advise in every report recommending that real property be declared to be surplus property, appropriate terms and conditions for the sale or transfer of the real property if it is declared to be surplus property. 4. Where a report to Council is made by the Chief Administrative Officer, a Director or other head of a department of the Municipality pursuant to Section 2 of this By-law, the Director of Planning and Development may also report to the same meeting of Council in all cases in which he is of the opinion that the real property in question, if it is declared by Council to be surplus property, should be sold at its appraised fair market value to a property owner for development in accordance with a land use plan of the Municipality rather than being sold by public tender, and shall._set out-.his recommendation as to the terms and conditions under which such surplus property should be transferred to a property owner by the Municipality. Where in reviewing a report to Council pursuant to Section 2 of this By-law the Director of Planning and Development considers that it to be appropriate in the interest of the Municipality in order to achieve an objective of a land use plan of the Municipality that the real property in question if declared by Council to be surplus property be sold to a property owner for a consideration which is the exchange and transfer to the Municipality of real property of an equivalent or higher value after at least one appraisal of the fair market value of the real property to be exchanged and transferred for the surplus property has been obtained by the Municipality, the Director of Planning and Development may recommend the sale by way of exchange and transfer to Council setting out his recommendation as to the terms and conditions under which the surplus property should be sold by way of excliange for other real property. 5. After complying with the provisions of the Act, and in the case of highways, roads or road allowances the aforesaid Report WD-3-.90: (a) before selling or otherwise disposing of real property, Council by by-law or resolution shall declare the real property in question to be surplus property in public session; and (b) Council shall also determine whether the surplus property referred to in clause (a) shall be sold by the acceptance of an offer to purchase submitted by members of the public in response to an invitation to the public to tender bffers to purchase, sold at its appraised fair market value to an adjacent property owner, or exchanged and transferred for property of equivalent or greater value as recommended by the Director of Planning and Development pursuant to Section.4 of this By-law. i 1236 3 6. Before selling any surplus property whether for cash or the exchange and transfer of other real property for it, unless otherwise provided by the Act, Council shall obtain at least one assessment of the fair market value of the surplus property, 7. (1) In addition to complying with all relevant provisions of the Act, the Clerk shall give notice of a proposed sale of surplus property of the Municipality whether for a-considexation to be paid in cash or the exchange and transfer of other real property for the surplus property shall by causing a notice to be published at least once in a newspaper of general circulation in the area in which the surplus property is located not less than seven days prior to the date of the meeting of Council at which the proposed sale of surplus property for cash or exchange and transfer is to be considered, (2) The notice referred to in subsection 7(1)shall: (a) briefly describe the surplus property; (b) shall state whether it is proposed to be exchanged, sold by public tender, or sold to a property owner; (c) shall specify in the case of a sale of surplus property by public tender the name and address of the official of the Municipality from whom interested persons can obtain an information package containing the terms and conditions of the invitation to members_ of the public to tender offers to purchase the surplus property and containing terms and conditions of any sale; and (d) shall state that the decision of Council to sell the surplus property in question for cash or exchange for other real property will be considered at the public meeting of Council on the date and at the time specified in the notice. By-law read a first and second time this 6th day of March 1995. By-law read a third time and finally passed this 6th day of March 1995. . • l / j . . . MAYCIZ I CLOW _ I . I i I 1237 Unfinished Busines DN: DEV90071.11�E CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 18, 1995 Res. # ADDENDUM TQ Report #:pn-97-95 File #: IIEV 90-071 (X-REF 18T-90032) By-law # Subject: REZONING APPLICATION - WILLIAM DANIELL/SEBASTIAN CORBO PART LOT 17, CONCESSION 11 FORMER TOWNSHIP OF DARLINGTON SOUTH OF HIGHWAY NO. 2 ON GREEN ROAD FILE: 18T-90032 (X-REF DED 90-071) Recommendations: It is recommended to Council the following: 1. THAT Addendum to Report PD-97-95 be received; 2 . THAT Report PD-97-95 be lifted from the table;. 7 3 . THAT the recommendation contained in Report PD-97-95 be APPROVED subject to condition #21 be amended as follows: 21a That 0.3 m reserves on Green Road abutting this development, except for the common entrance driveways be transferred to the Municipality or that other alternate measures be put in place satisfactory to the Directors of Public Works and the Director of Planning and Development, . for the purpose of controlling access. 21b That the common entrance driveway align with the access proposed for the commercial development on the east side of Green Road. I 1 BACKGROUND 1.1 At the meeting of September 51 1995, Committee considered Report PD-97-95. Kelvin Whalen representing the applicant appeared as a delegation with respect to said report and requested an amendment to condition number 21. 1.2 Condition number 21 prohibits individual lot access onto Green Road which is an arterial road in the Durham Region Official . . . . 2 1238 ADDENDUM REPORT NO. PD-97-95 PAGE 2 Plan. As a result a 0. 3 metre reserve was requested along the Green Road frontage except for the common entrance to align with the future Markborough Shopping Centre access on the east side of the road. The applicant was aware of this requirement, however, Staff were only recently made aware that the applicant is concerned with the 0.3 m reserve as being the only option available to achieve this mean. 1.3 Staff have further discussed the subject matter .with the applicant and are confident a satisfactory solution can be worked out. As a result it is recommended that condition number 21 be amended to allow for other options to be explored as an alternative to the requirement of the 0. 3 m reserve. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.p. ,, R.P.P. , W. H. /Stockwell Director of Planning Chief Administrative and Development Officer CP*FW*cc September 11; 1995 I 1239 i DUFFERIN AGGREGATES 620 Wilson Ave.,Downsview,Ontario M3K 2A4 Fax:(416)630-1554(416)630-4422 DUFFERIN AGGGEGATES foundations for the future November 27, 1995 PRIVATE AND CONFIDENTIAL Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Mayor Diane Hamre and Council Dear Mayor Hamre and Council: Re: St. Lawrence Cement Inc. (the "Purchaser") purchase of Road Allowance between Lots 26 and 27, Concession 10, Former Township of Clarke (the "Property") from Corporation of the Municipality of Clarington (the "Vendor") We are writing to confirm our desire to proceed with the acquisition of the Property upon the terms proposed by your Staff. The following numbered paragraphs reflect our understanding of those terms, together with certain other essential terms which we believe should constitute the substance of an Agreement of Purchase and Sale. It is our intention to prepare a formal Agreement of Purchase and Sale within ten (10) days of receiving written confirmation of approval of this proposal by Council. Such Agreement of Purchase and Sale will embody the terms and conditions set out in this letter and such terms as the parties and their legal counsel may reasonably require. 1. The purchase price payable to the Vendor for the Property shall be payable as follows: a) a deposit in the amount of Ten Thousand Dollars ($10,000.00) by certified cheque to the Vendor upon execution of an Agreement of Purchase and Sale by the Vendor and Purchaser to be placed by the Vendor's solicitors in an interest bearing account and to be credited, together with any interest thereon, to the purchase price on closing; b) the sum of One Hundred and Forty Thousand Dollars ($140,000.00) by certified cheque on closing; c) for the balance, the Purchaser shall provide the Vendor with 41,425 tonnes of Granular "A" Road Base Aggregate ("Product") in accordance with paragraph (d) hereof; ATTACFMENT NO. 2 1 2 4 0 ADDENDUM TO WD-41-95 OUFFER/N AGGREGATES foundations for the future d) the Product shall be made available loaded on trucks at the Purchaser's pit in Mosport and the Vendor shall be responsible for the costs of delivery from the pit. The Product shall be supplied to the Vendor at such time and in such amounts as ordered by the Vendor from time to time during the one (1) year period following closing. 2. The Agreement of Purchase and Sale shall also include the following covenants, representations and warranties by the Vendor and such other covenants, representations and warranties as the Purchaser and its legal counsel may reasonably require: a) there are no encumbrances of any kind against the Property; b) the Property is zoned and assessed extractive industrial by the Vendor which designation permits aggregate extraction and processing and there are no restrictive covenants, municipal bylaws, official plans or other laws, development agreements or regulations which restrict or prohibit the use of the Property for the extraction and processing of aggregates; c) the Vendor shall have passed a by-law for the stopping up, closing and sale of the Property in accordance with the Municipal Act and all other applicable legislative requirements; d) the Vendor shall permit the Purchaser, prior to closing, through its representatives, to make such investigations of the Property as the Purchaser, acting reasonably, deems necessary or advisable; e) the Vendor acknowledges that the Purchaser intends to use the Property for aggregate extraction and processing. The Vendor further acknowledges that the Purchaser's intends to apply to the Ministry of Natural Resources, as soon as possible after acceptance of this proposal by the Vendor, to amend the Purchaser's site plans filed pursuant to the Aggregate Resources Act in respect of the Purchaser's property adjacent to the Property. The Vendor further acknowledges that the purpose of such application is to obtain an extension of the Purchaser's licence for aggregate extraction on its adjacent property to the Property. The Vendor covenants and agrees to co- operate and assist the Purchaser in the process. The Vendor shall promptly do, make, j execute or deliver, all such further acts, documents and things as the Purchaser may reasonably require for the purpose of giving effect to this paragraph. i 2 1241 DUFFERIN AGGREGATES foundations for the future 3. The Purchaser shall pay, on closing, the Vendor's reasonable out of pocket legal fees and expenses incurred in connection with the preparation, negotiation and completion of the transactions contemplated hereby. 4. Closing shall take place on a date to be mutually agreed upon by the parties, acting reasonably. The parties will, however, make a reasonable effort to close this transaction on or prior to December 15, 1995. 5. This letter is open for acceptance until December 22, 1995 at 5:00 p.m. Yours very truly, Michael O'Connor General Manager of Dufferin Aggregates, a division of St. Lawrence Cement Inc. cc: W.H. Stockwell, Chief Administrative Officer Don Patterson, Manager of Operations Steve Vokes, Director of Public Works ACKNOWLEDGMENT We hereby agree to the terms and conditions outlined in this letter Dated this day of November, 1995 The Corporation of the Municipality of Clarington Per: Name: Title: i 3 1242 November 10, 1995 Corporation of the Municipality of Clarington Attention: Don Patterson 40 Temperance Street Bowmanville, Ontario LIC 3A6 Re: Appraisal of the Market Value of the Real Property known as Part 1 on Plan 40R-14683 Municipality of Clarington Region of Durham, Province of Ontario. Dear Mr. Patterson: In accordance with your request, we have completed an appraisal of the market value of the property rights attached to the herein described property to assist in establishing a value for negotiation of the sale of the property to Dufferin Aggregates. We have made a personal cursory inspection of the property and have given due consideration to the factors and forces which influence the property value at the Subject Location. This appraisal is subject to the attached assumptions and limiting conditions. This report provides an analysis of the general and specific data which were deemed essential in supporting the estimate of value reported herein. The scope of this appraisal is strictly limited to the analysis of the information discussed and presented in this report. An income analysis relating the potential resource extraction of this property may be the most relevant method of appraisal for this property type. However, such an analysis is beyond the mandate of this assignment. The availability of information relating to extraction sites other than that which is directly adjacent to the Subject Site was not investigated in detail. Specific details related to the thickness, class and content of resources to be extracted from sites which have recently sold and are used as comparable sales would be required for such an analysis. The valuation of the Subject Property herein is strictly limited to the analysis in the Direct Comparison Approach. Further, the scope of this appraisal did not include a detailed analysis of the legal use of the Subject Property for aggregate resource extraction within the Municipal and Regional Official Plans. The opinion of Municipal Planner Heather Brooks was applied in this regard. Also, it is assumed that the Municipal Council resolution of September, 1994 will not delay or prohibit the use of the Subject Property for aggregate resource extraction. Any delays or limitations imposed by any regulatory authorities beyond the regular transfer of the adjacent MNR license could significantly affect the value estimated herein. ATTACHMENT N0. 4 ADDENDUM TO WD-41-95 1243 As at the date of this report, Philip Lack and Don Smith have completed the requirements of the current recertification cycle of the Appraisal Institute of Canada. As a result of our investigations and findings, it is our opinion that the "Market Value" as defined herein of the Subject Property as held in the Fee Simple Interest and inclusive of mineral extraction rights as at November 10, 1995 is: TWO HUNDRED AND SEVENTY-THREE THOUSAND DOLLARS ($273,000.00) Respectfully Submitted, Dur,aa,Appraisal Services Inc. --- `-----= ="-`-`="---------- Philip Lack AACI ---/- -''-- -------------------- Don Smith AACI, FRI, CMR 1244 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 95- Being a By-law to authorize the execution of documents between Dufferin Aggregates and The Corporation of the Municipality of Clarington for the closure and conveyance of the unopened road allowance between Lots 26 and 27, Concession 10, former Township of Clarke. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and the Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, documents between Dufferin Aggregates and said Corporation, which are attached hereto and marked Schedule "A". BY-LAW read a first and second time this 11th day of December, 1995. i BY-LAW read ,a third time and finally passed this 11th day of December, 1995. MAYOR CLERK 1245