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;
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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.
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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
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Dufferin Aggregates is the property owner on both sides of the unopened
road allowance.
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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
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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
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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.
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Sale of the subject lands .to the abutting property owners, and
ultimately its.development, is likely to provide more benefit
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to the Municipality as an aggregate source and will not
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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.
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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
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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
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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.
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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.
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. . . MAYCIZ I
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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;.
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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.
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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
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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
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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.
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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:
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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.
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Philip Lack AACI
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Don Smith AACI, FRI, CMR
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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