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REPORT #8
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
v
REPORT
Meeting: Council
File #
Date: Monday, June 25, 2001
Res. #
Report #: PD-070-01
By-law #
Subject:
DRAFI' PLANS 18T-89037, 18T-9s023 AND 18T-9s026;
PHASING AND SERVICING OF SOUTHFIELD ROAD
Recommendations:
It is respectfully recommended to Council the following:
1. THAT this Report PD-070-0 1 be received;
2. THAT a by-law be passed to authorize the Mayor and Clerk on behalf of the
Municipality to execute an agreement with 2001544 Ontario Limited, 289143
Ontario Limited and 765400 Ontario Limited substantially in the form of the draft
Agreement contained in Attachment 2; and
3. THAT a by-law be passed to authorize the Mayor and Clerk on behalf of the
Municipality to execute an agreement to amend the Subdivision Agreement
between the Municipality and Robinson Ridge Developments Limited dated June
9, 1998 to implement the provisions in the Agreement referred to in
Recommendation 2.
1.0 ATTACHMENTS
No.1 Map Showing Plans l8T-89037, l8T-95023 and 18T-95026
No.2 Draft Agreement
2.0 BACKGROUND AND PURPOSE
2.1 The owners of the lands within proposed draft plans of subdivision 18T-89037,
18T-95023 and l8T-95026 (shown on the map contained in Attachment 1) had
appealed or referred to the Ontario Municipal Board the decision whether to
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REPORT PD-070-01
PAGE 2
approve the draft plans, the provisions of the Municipality's Official Plan, certain
private Official Plan Amendments, and certain amendments to the Zoning By-law
which applied to the lands within draft plans. A hearing of these matters was
scheduled to commence early in the fall of 1996.
2.2 The lands within the three draft plans of subdivision are located in Courtice
generally between Townline Road and Prestonvale Road. Lands within two of the
draft plans (18T-89037and 18T-95023) are located south of Regional Road 22
(Old Bloor Street) while the third plan (l8T-95026) is located north of Old Bloor
Street and abuts the west side of Preston vale Road.
2.3 The Municipality's Official Plan provides for the establishment of a new
alignment for the portion of Bloor Street from Bruntsfield Road easterly to
Prestonvale Road. It contemplates the future designation of Bloor Street from
Townline Road South to Prestonvale Road as a Regional Road.
2.4 The Municipality, the Region and the Owners settled all the issues that were
raised without the necessity of litigation before the Ontario Municipal Board. The
settlement document which was entitled Principles of Understanding
("Principles) is dated July 16, 1996. Subsequently, the Municipal Board issued a
decision which gave effect to the settlement.
2.5 The Principles refer to the "Phasing Document" and "Phasing Plan". They
provide for the phasing of development on the three plans of subdivision in
relation to the staging (timing) of construction of external and other services, a
neighbourhood park and two parkettes which were to be constructed by the
owners. In general, the purpose of the Phasing Document and Phasing Plan was to
ensure that needed services including external roads and parks would be available
as homes were constructed.
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REPORT PD-070-01
PAGE 3
2.6 Minor amendments to the Phasing Document and Phasing Plan may be made with
the approval of the Director of Public Works. A formal amendment to the
Principles executed by all parties to them is not required. Major amendments to
the Phasing Document and Phasing Plan would require an amendment to the
Principles executed by all parties including the Region of Durham. As a result, the
process to achieve a major amendment to the Phasing Document and Phasing Plan
is more time-consuming than a minor amendment.
2.7 In order to provide sanitary sewer and storm water management services to the
proposed South Courtice Community Park site most economically, the future
Southfield Road (Street A) on draft plans of subdivision l8T-89037 and 18T-
95023 would have to be constructed by the owners of the lands within these two
plans of subdivision. As well the storm water detention pond on draft plan 18T-
89037 would have to be expanded. Also, since draft plan of subdivision 18T-
95023 now shows Southfield Road as terminating west of Prestonvale Road, this
plan would require revision to provide for Southfield Road to be extended to
Prestonvale Road. Connections to the sanitary sewer and storm water
management services would also have to be constructed across Prestonvale Road
to the westerly limit of the proposed Community Park Site in order to deal with
sanitary sewer and storm water management on the Park site most economically.
2.8 The lands through which Southfield Road would be extended to Prestonvale Road
now are shown on the Phasing Document and Phasing Plan as Phase 3 Stage B
residential lands. They would not be developed for some considerable time if the
Phasing Plan and Phasing Document were not amended.
2.9 Water service to the proposed Community Park site will be obtained by the
extension of the Region of Durham's water service south from its present
terminus north of Regional Road 22 south to the proposed entrance to the
Community Park site.
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REPORT PD-070-01
PAGE 4
2.10 In discussions by staff with the owners, it appeared that they were now prepared
to construct New Bloor Street from Bruntsfield Road to Prestonvale Road. They
will commit to depositing the necessary security with the Municipality on the
registration of the final plan of subdivision for any new part of any of the three
draft plans. Parkette A on draft plan 18T -8903 7 has been constructed. Since the
other external roads and services, the neighbourhood park, and Parkette B which
are located on draft plan 18T-95023 can be secured through the Municipality's
standard form of Subdivision Agreement as can the phasing and staging of
development and works, there would be no need to retain the Phasing Document
and Phasing Plan if appropriate provisions were included in the subdivision
agreements respecting the three draft plans. This change would also allow the
construction of the extension of services in Southfield Road to Prestonvale Road
to be commenced on or prior to January 14, 2002.
3.0 THE PROPOSED AGREEMENT
3.1 The draft Agreement between the current owners of the undeveloped lands in
draft plans of subdivision 18T-89037, 18T-95023 and l8T-95026 (Attachment 2)
was negotiated by staff with the owners. It provides that the Phasing Document
and Phasing Plan will be deleted provided that appropriate provisions are
contained in the three Subdivision Agreements respecting the external roads,
services and parks. These services include the construction of New Bloor Street,
together with intersection improvements at Townline Road South and Prestonvale
Road and the reconstruction of Old Bloor Street after it is transferred to the
Municipality by the Region following the designation of new Bloor Street as a
Regional Road.
3.2 The draft Agreement also deals with costs of the sanitary sewer and the storm
water management services on Southfield Road to be at the expense of the owners
of the lands within draft plans of subdivision 18T-89037and 18T-95023, the
extension of sanitary sewer and storm water managernent services to the westerly
REPORT PD-070-01
PAGE 5
limit of the proposed South Courtice Community Park, and timing requirements
that will result in services being available for the proposed Community Park
Facility at an appropriate time during construction.
3.3 The draft Agreement provides for the payment by the Municipality to the three
owners jointly of $200,000.00 on the day of signing ofthe Agreement of Purchase
of Sale of the Community Park, as the Municipality's contribution to the cost of
extending sanitary sewer and storm water managernent services to the westerly
limit of the proposed Community Park site.
3.4 Other provisions in the draft Agreement respecting Southfield Road deal with the
timing of critical actions including the registration of plans of subdivision, the
commencement of construction and completion of the Southfield Road servicing
works to the proposed Community Park, security for the cost of construction and
the right of the Municipality if permitted by the Region to take over the
construction of the Region's services as well as its own, if breach or abandonment
of the servicing works by the owners was to occur and for the Municipality to
indemnify itself from the Performance Guarantees. Also, provision is made for
the transfer to the Municipality of land required for the widening of the easterly
limit of Preston vale Road south of Regional Road 22.
3.5 The Region's Public Works staff have been consulted and have no objection to
the proposed arrangements for servicing the proposed South Courtice Community
Park outlined above in this Report. The Municipality's solicitor advises that
changes to the Phasing Document and Phasing Plan are "minor amendments"
which can be approved by the Director of Public works subject to the conditions
set out in the draft Agreement. The Director of Public Works has advised that he
will approve the amendments to the Phasing Document and Phasing Plan as
"minor amendments".
REPORT PD-070-01
PAGE 6
4.0 CONCLUSION
4.1 It is recommended that Council approve the draft Agreement contained in
Attachment 2 and pass a by-law to authorize its execution on behalf of the
Municipality by the Mayor and Clerk.
Respectfully submitted,
Reviewed by,
~-N~)~.
David Crome, M.C.I.P., .P.
Director of Planning and Development
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Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
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Stephen A. Vokes, P. Eng.
Director of Public Works
DH/DC/SA Vice
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ATTACHMENT 2
DRAFT #6
Thursday, June 22, 2001
THIS AGREEMENT is made as of this 25th day of June, 2001
BETWEEN:
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Municipality")
OF THE FIRST PART
- and-
2001544 ONTARIO LIMITED
(hereinafter referred to as "2001544")
OF THE SECOND PART
- and-
289143 ONTARIO LIMITED
(hereinafter referred to as "289143")
OF THE THIRD PART
- and-
765400 ONTARIO LIMITED
(hereinafter referred to as "765400")
OF THE FOURTH PART
WHEREAS:
A. The predecessors of Newcastle III Limited Partnership, Newcastle III Limited
Partnership, and the owners of the lands within proposed draft Plans of Subdivision
18T-89037, 18T-95023 and 18T-95026 had obtained the referral or appealed to the
Ontario Municipal Board certain provisions of the Clarington Official Plan, the
proposed draft Plans of Subdivision and the refusal or neglect of the Municipality's
Council to adopt certain private Official Plan Amendments and amendments to the
Municipality's Zoning By-law applicable to the lands within the aforesaid draft Plans
of Subdivision. These matters were assigned Board File Nos. 0950017, S950018,
2
Z950060, 0950165, S950070, Z950158, 0960038, S960014 and Z960026, and were
consolidated by the Board for the purposes of the hearing;
B. Principles of Understanding ("Principles") dated July 16, 1996 to resolve all
issues between the parties and to avoid the necessity oflengthy Ontario Municipal
Board ("Board") hearings to resolve them. The Principles included the "Phasing
Plan" and the "Phasing Documents". The Principles were settled by representatives of
the parties and were executed on behalf of the parties other than the Municipality and
the Regional Municipality of Durham ("Region") on July 11, 1996. They were
approved by the Municipality's Council by its approval of the recommendations
contained in Clarington Report-PD-114-96 on July 29,1996 and were executed on
that day on behalf of the Municipality;
C. Clarington Report-PD-114-96 the Principles was exhibited to the evidence
admitted at the hearing ofthe Board into the matters referred to in Recital A on
October 4, 1996 as Exhibit 7 A. The effect of the Decision and Order of the Board
issued on October 4, 1996 (OB#96-4, Folio #339 and OB#1996-5, Folio #327) and
October 9, 1996 (OB# , Folio # ) was to approve the resolutions of
issues agreed to by the parties to the Principles. Among other things, the Board's
Decision and Order issued on October 4, 1996 approved draft Plans of Subdivision
18T-89037, 18T-95023 and 18T-95026 with revisions to them as agreed by the
parties, subject to the conditions set out in the Board's Decision and Order;
D. A final Plan of Subdivision 40M-1931 for part of the lands within draft Plan
of Subdivision 18T-89037 has been approved under the Planning Act and registered
on title. A Subdivision Agreement dated June 9, 1998 between the Municipality and
Robinson Ridge Developments Inc. ("Robinson Ridge"), a successor in title to
Newcastle III Limited Partnership as the owner of the lands within draft Plan of
Subdivision 18T-89037 was deposited on title to the latter lands as Instrument No. LT
863699 (the "Robinson Ridge Subdivision Agreement"). Subdivision Agreements
and final Plans of Subdivision have not been executed or approved and registered on
title for any part of the lands within draft Plans of Subdivision 18T-95023 and 18T-
95026;
E. The lands within draft Plan of Subdivision 18T-89037, which are not included
within final Plan of Subdivision 40M-1931, have been acquired from Robinson Ridge
Developments Inc. by 2001544. The lands now owned by 2001544 are more
particularly described in Schedule 1 hereto;
F. 2001544, which owns part of the lands within draft Plan of Subdivision 18T-
89037,289143 which owns the lands within draft Plan of Subdivision 18T-95023,
and 764000 which is the owner ofthe lands within draft Plan of Subdivision and the
Municipality have requested the Municipality's Director of Public Works to approve
the minor amendments set out below to the Phasing Document and Phasing Plan as he
is authorized to do by paragraph 1 ofthe Principles;
3
G. The Municipality and 289143 have entered into an Agreement of Purchase
and Sale of certain lands on the easterly side of Preston vale Road in the Municipality
for the purposes of the proposed South Courtice Community Park. These lands are
more particularly described as Part 2 on Plan 40R 18053;
H. .2001544 and 289143 have agreed to construct the South Courtice Community
Park Servicing Works ("Servicing Works") in accordance with the provisions of this
Agreement and Subdivision Agreements that they intend to enter into both with the
Municipality and with the Region of Durham for the lands within draft Plan of
Subdivision 18T-95023 and 18T-95026, respectively, as provided for in this
Agreement;
1. The parties agree that the provisions ofthe Municipality's standard
subdivision agreement regarding the planning and staging of Works will be used in
respect of the lands and "Works" (as hereinafter defined) which are referred to in
paragraph 1 of this Agreement;
J. The execution of this Agreement on behalf ofthe Municipality is authorized
by By-law 2001-_ passed on June 25,2001,
NOW THEREFORE in consideration of the premises herein contained and
the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the
receipt whereof by each of the parties is hereby acknowledged) covenant and agree as
follows:
1. Subject to the approval of the Municipality's Director of Public Works of the
amendments set out below as minor amendments to the Phasing Document
and Phasing Plan contained in the Principles, the Phasing Document and
Phasing Plan are amended insofar as they apply to the lands within draft Plan
of Subdivision 18T-89037 with the exception of the lands within Plan 40M-
1931, the lands within draft Plans of Subdivision 18T-95023 and 95026 and
the Works which either now are under the jurisdiction ofthe Municipality or
are contemplated to be under the jurisdiction of the Municipality in the future.
The amendments are the following:
(a) The text of the Phasing Document including Plates I and 5 contained
therein, and the Phasing Plan relating the phasing ofthe development
oflands to the staging of the construction of Works within or external
to the aforesaid draft Plans of Subdivision or any of them, including
the deposit of securities as "Performance Guarantees" (as hereafter
defined) with the Municipality pursuant to Subdivision Agreements
respecting the draft Plans, are deleted conditional on the prior
satisfaction of each of the following requirements:
4
(i) The execution of an agreement by the Municipality, 2001544
as the successor of Robinson Ridge respecting the Robinson
Ridge Subdivision Agreement, and any mortgagees ofthe
lands within draft Plan of Subdivision 18T-89037 with the
exception of the lands within Plan 40M -1931 amending the
Subdivision Agreement dated June 9, 1998 between the
Municipality and Robinson Ridge, registered as Instrument No.
LT 863699. The amending agreement shall be consistent with
the intent of the conditions of draft approval of Plan 18T-89037
and shall contain, among others, provisions which will
(aa) implement the intent of paragraph 4 of this Agreement
respecting the South Courtice Community Park
Servicing Works; and
(bb) contain as special conditions provisions which are
consistent with the intent of paragraph 3(b) of the
Phasing Document, relating to draft Plan of Subdivision
18T-89037; and
(cc) implement the intent of paragraph 1 (b) of this
Agreement respecting New Bloor Street, Old Bloor
Street and the extension of Old Bloor Street as the east-
west section of New Street "F"; and
(ii) The execution of a Subdivision Agreement by the Municipality
and any mortgagees ofthe lands within draft Plan of
Subdivision 18T-95023. The Subdivision Agreement shall be
consistent with the intent of the conditions of draft approval
and shall contain, among others, provisions which will:
(aa) implement the intent of paragraph 4 of the Agreement
respecting the South Courtice Community Park
Servicing Works; and
(bb) contain as a special condition a provision which is
consistent with the intent of paragraph 3( c) of the
Phasing Document relating to Plan 18T-95023; and
(cc) implement the intent of paragraph 1 (b) of this
Agreement respecting New Bloor Street, Old Bloor
Street and the extension of Old Bloor Street as the east-
west section of New Street "F"; and
5
(iii) The execution of a Subdivision Agreement by the
Municipality, 765400 and any mortgagees of the lands within
draft Plan of Subdivision 18T-95026. The Subdivision
Agreement shall be consistent with the intent ofthe conditions
of draft approval and shall contain provisions which will:
(aa) contain as special conditions provisions to implement
the intent of paragraphs 3(d) and (e) of the Phasing
Document relating to Plan 18T -95026; and
(bb) implement the intent of paragraph l(b) ofthis
Agreement respecting New Bloor Street, Old Bloor
Street and the extension of Old Bloor Street as the east-
west section of New Street "F"; and
(b) Provisions will be included in each of the aforesaid amending
agreement to the Subdivision Agreement respecting lands
within draft Plan of Subdivision 18T-89037 with the exception
of the lands within Plan 40M-1931, and in each ofthe
Subdivision Agreements respecting the lands within draft Plans
of Subdivision 18T-95023 and 18T-95026, respectively, to
give effect to the following:
(i) With respect to the provisions of paragraph 3(a) of the
Phasing Document and the Phasing Plan regarding the
Municipality's proposed New Bloor Street Works, the
intent of those provisions will be included in each of the
aforesaid amending agreement and the two Subdivision
Agreements except that the security for the
Performance Guarantee shall be deposited by the
owners on or prior to the registration of the first final
plan of subdivision to be registered after the date ofthis
Agreement respecting any of the lands within any of
draft Plans of Subdivision 18T-89037, 18T-95023 and
18T-95026 following the execution of this Agreement;
(ii) With respect to the reconstruction of Old Bloor Street
from Townline Road South to New Street "B" on draft
Plans of Subdivision 18T-95023 and 18T-95026 as a
local road, the intent of paragraph 3(f) ofthe Phasing
Document will be included in each of the aforesaid
amending agreements and the two Subdivision
Agreements except that the Subdivision Agreement
respecting the lands within draft Plan of Subdivision
18T -8903 7 shall provide that Lots 1 to 23 and 164 to
189 therein, the Subdivision Agreement respecting the
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lands within draft Plan of Subdivision 18T-95023 shall
provide that Lots 1,2,203 to 208, 228 to 252, 258 to
270, 276 to 296 and Block 300 thereon, and the
Subdivision Agreement respecting the lands within
draft Plan of Subdivision 18T-95026 shall provide that
Lots 16 to 19 and Block 204 thereon, shall not be
developed until the Performance Guarantee for the
reconstruction of this section of Old Bloor Street has
been deposited with the Municipality's Treasurer by
2001544,289143 and 765400; and
(iii) With respect to the reconstruction of Old Bloor Street
from New Street "B" on draft Plan of Subdivision 18T-
95023 and 18T-95026 easterly as the east-west section
of Street "F", the intent of paragraph 3(g) of the
Phasing Document will be included in the Subdivision
Agreements respecting draft Plans of Subdivision 18T-
95023 and 18T -95026 except that (1) Lots 1, 2, 203 to
208, 228 to 252, 258 to 270, 276 to 296 and Block 300
on Plan 18T-95023 and Lots 16 to 19 and Block 204 on
Plan 18T -95026 shall not be developed until the east-
west section of the aforesaid Street "F" has been
reconstructed, and (2) the Performance Guarantee
required in respect ofthese Works of the shall be
deposited with the Municipality's Treasurer by 289143
and 765400.
(c) The terms "Performance Guarantee" and "Works" when used in this
Agreement have the same meaning as they have in the Municipality's
standard draft Subdivision Agreement on the date of this Agreement.
2. With respect to the provisions of paragraph 5(b) ofthe Principles respecting
Parkette "B" on draft Plan of Subdivision 18T-95023, the Municipality,
289143 and the other parties to the Agreement agree that (1) the references
therein to building permits for "25% of the dwelling units to be constructed on
Phase and Stage 2B ofthe lands within this Plan of Subdivision" shall be
deemed to be references to building permits for 25% ofthe dwelling units to
be constructed on Lots 1, 2, 203 to 208, 228 to 252, 258 to 270, 276 to 296
and Block 300 on draft Plan of Subdivision 18T-95023, and (2) the
Performance Guarantee for Parkette "B" shall be deposited with the
Municipality prior to the issuance of a building permit for the construction of
a dwelling unit on any of the aforesaid Lots.
3. In all other respects, the Principles are confIrmed and time shall continue to be
of their essence.
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4. South Courtice Community Park Servicine Works
(a) The South Courtice Community Park Servicing Works comprise the
sanitary sewer and storm water management services referred to in this
Section 4. They will be more particularly described on the
Engineering Drawings and in the amending agreement to the Robinson
Ridge Subdivision Agreement with the Municipality, the Subdivision
Agreement between the Municipality and 289143, and the Subdivision
Agreements between 2001544 and 289143, respectively, with the
Region of Durham, which are referred to in this Agreement
("Servicing Works").
(b) 289143, which is the owner of the lands shown as new Street "AU
within draft Plan of Subdivision 18T-95023, forthwith after the
execution of this Agreement by the parties, shall apply to the Region
of Durham to vary the draft Plan to extend new Street "A" so that it
will intersect with Prestonvale Road. New Street "A" within draft
Plan 18T-89037 and draft Plan 18T-95023, as the latter Plan is
proposed to be varied, will be shown as Southfield Drive on the draft
final plans of subdivision to implement the parts of draft Plans 18T-
89037 and 18T-95023 that include Southfield Drive.
(c) On or before November 30,2001,289143 will execute a Subdivision
Agreement with the Municipality respecting the lands within draft
Plan of Subdivision 18T -95023 which shall contain provisions which
are consistent with the Principles as amended by this Agreement. The
Subdivision Agreement with the Municipality among other things will
deal with the construction by 289143 at its expense of the storm water
management services on the portion of Southfield Road within draft
Plan of Subdivision 18T -95023 and the transfer ofland on the westerly
side of Preston vale Road shown as Blocks 314 and 325 on the draft
plan to the Municipality for the purpose of widening Prestonvale
Road. It shall also provide that the storm water management service
shall be extended by 289143 across the Prestonvale Road allowance to
the westerly limit of the proposed South Courtice Community Park.
The storm water management service to be constructed by 289143 on
Southfield Road shall connect with the storm management water
service to be constructed by 2000154 on the lands within draft Plan of
Subdivision 18T-89037, in accordance with this Agreement.
(d) On or before November 30, 2001, 289143 will also enter into a
Subdivision Agreement with the Region of Durham in the Region's
current form. The Subdivision Agreement with the Region shall deal,
among other things, with the construction of a sanitary sewer at
289143's expense on the portion of South field Road within draft Plan
18T-95023. The sanitary sewer shall be extended by289143 across the
8
Prestonvale Road allowance to the westerly limit of the proposed
South Courtice Community Park. This Subdivision Agreement shall
provide that the sanitary sewer to be constructed by 289143 on
Southfield Road shall connect with the sanitary sewer to be
constructed by 2001544 on the lands within draft Plan of Subdivision
18T-89037, in accordance with this Agreement.
(e) On or before November 30, 2001, 2001544, as the successor of
Robinson Ridge will enter into an amending agreement with the
Municipality to amend the Robinson Ridge Subdivision Agreement
respecting the lands within draft Plan of Subdivision 18T-89037. The
amending agreement with the Municipality, among other things, will
deal with the construction by 2001544 at 2001544's expense of storm
water management services including those services located on the
portion of South field Road within draft Plan of Subdivision 18T-
89037. It shall also provide that the storm water management services
shall connect to the existing storm water management services on the
lands within draft Plan of Subdivision 18T-89037 and to the storm
water services on Southfield Road which is to be constructed by
289143 in accordance with paragraph 4(c) of this Agreement.
(f) On or before November 30,2001,2001544 will enter into a
Subdivision Agreement with the Region of Durham in the Region's
current form. The Subdivision Agreement with the Region shall deal
among other things with the construction of a sanitary sewer at
2001544's expense on the portion of South field Road within draft Plan
18T-89037. The Subdivision Agreement shall provide that the sanitary
sewer to be constructed by 2001544 on Southfield Road shall also
connect with the existing sanitary sewer located on the lands within
draft Plan of Subdivision 18T -89037 and with the sanitary sewer
which is to be constructed by 289143 on the portion of South field
Drive within draft Plan of Subdivision 18T-95023.
(g) 2001544 and 289143 each will apply for approval by the Region of
final plans of subdivision which include at least the portion of
Southfield Road within their respective lands in sufficient time so that
final plans of subdivision will be registered by them on the title to the
lands to which they apply no later than November 30,2001. 2001544
and 289143 each will also submit detailed Engineering Drawings
respecting the Servicing Works including "Works Cost Estimates" (as
defined in the Municipality's standard subdivision agreement) and
Construction Schedules to each ofthe Municipality and the Region by
October 1,2001 so that approval of the same may be obtained from the
Municipality's Director of Public Works and the Region's
Commissioner of Public Works no later than November 15,2001.
2001544 and 189143 will deposit the required Performance
9
Guarantees in respect ofthe Servicing Works with the Municipality
and the Region, respectively, in accordance with the aforesaid
Subdivision Agreements no later than January 7, 2002. On or before
January 7, 2002, 2001544 and 289143 will apply for and obtain
Authorizations to Commence the Servicing Works issued pursuant to
the Subdivision Agreements with the Municipality and the Region,
respectively.
(h) Subject to Force Majeure, 2001544 and 289143 shall commence
construction of the Servicing Works in accordance with the aforesaid
Authorizations to Commence Works no later than January 14, 2002,
and will complete the Servicing Works to the westerly limit ofthe
proposed South Courtice Community Park no later than April 30,
2002, provided that if in the opinion of the Municipality's Director of
Public Works, acting reasonably, adverse weather conditions have or
may prevent completion of the Servicing Works by April 30, 2002, he
shall give written notice of his decision to 2001544 and 289143,
respectively, and the date for completion ofthe Servicing Works shall
be deemed to be extended by the period considered by the Director to
be reasonable to complete construction of the Servicing Works as set
out in the aforesaid written notices to 2001544 and 289143.
(i) In the event that either or both of2001544 and 289143 either (1)
abandons the portion or portions of the Servicing Works for which it
or they are responsible, or (2) breaches the provisions of the
Subdivision Agreement with the Municipality and/or the Region in
respect thereof, with the result that the Municipality's Director of
Public Works, acting reasonably, considers the construction of the
Servicing Works will not be completed on or before April 30, 2002,
2001544 and 289143 hereby irrevocably consent to the Municipality
commencing and completing or completing the construction ofthe
Servicing Works to the westerly limit ofthe proposed South Courtice
Community Park on behalf of the owners and drawing upon the
securities deposited as Performance Guarantees with the Municipality
and, with the consent of the Region, the Region, respectively, so that
the Municipality may indemnify itself against the costs of doing so
from the Performance Guarantees. The provisions of the Subdivision
Agreements with the Municipality and the Region, respectively, in the
case of abandomnent or breach by the owner of its covenant to
construct works, notice to the owners shall be complied with by the
Municipality and the Region, respectively, provided that in the event
that the Performance Guarantee deposited with the Region which is
drawn upon by the Municipality is not sufficient to indemnify the
Municipality against its costs in commencing and completing or
completing the Servicing Works plus thirty (30%) per cent for its
administration fee, the Municipality shall give 2001544 and 289143
10
written notice of the as-constructed costs of the Servicing Works or
any of them incurred by the Municipality plus its administration fee
less the amounts of the Performance Guarantees referable to the
components ofthe Servicing Works constructed by the Municipality
pursuant to this clause. ("Uncovered Costs") The Uncovered Costs
shall be a debt owed to the Municipality by 2001544 and 289143 for
the payment of which they are jointly and severally liable to the
Municipality. Forthwith after the written notice of the Uncovered
Costs referred to in this clause is given to them, 2001544 and 289143
shall pay an amount equal to the amount of the Uncovered Costs to the
Municipality.
G) The Municipality will pay the sum of Two Hundred Thousand
($200,000.00) Dollars by certified cheque to 2001544, 289143 and
765400, as joint payees, on the day of completion of the Agreement of
Purchase and Sale of the proposed South Courtice Community Park.
5. The Subdivision Agreement between the Municipality and 765400 shall also
provide for the transfer to the Municipality in fee simple for a nominal
consideration free and clear of encumbrances and restrictions of the lands
shown as Blocks 199,200,201 and 202 on draft Plan of Subdivision 18T-
95026 to allow for the widening of Preston vale Road together with temporary
licences on abutting lands for grading purposes where considered necessary
by the Municipality's Director of Public Works, acting reasonably.
6. Draft Plan of Subdivision 18T-95037 shows certain lands within the Plan as
Blocks to be transferred to the Municipality for the purpose of widening
Prestonvale on its easterly side. On or prior to November 30,2001,289143 at
its expense will prepare and deposit on title a Reference Plan showing the
lands within the Blocks that will be retained by 289143 if the Agreement of
Purchase and Sale dated June 25,2001 between 289143 and the Municipality
for the sale ofthe proposed South Courtice Community Park site (being Part 2
on Reference Plan 40R-18053) is completed ("Additional Blocks"). The
Additional Blocks will be transferred to the Municipality by 289143 for a
nominal consideration free and clear of encumbrances and restrictions at the
same time that the widenings required on the westerly side of Prestonvale
Road shown on draft Plan 18T-95023 are transferred to the Municipality by
289143 together with temporary licences on abutting lands for grading
purposes where considered necessary by the Municipality's Director of Public
Works, acting reasonably.
7. The Municipality acknowledges the Letter of Credit #IMDC/TOR/S/293193
issued by the Bank of Montreal in favour ofthe Municipality which was
deposited by Robinson Ridge as a Performance Guaranteed ("Existing
Security") pursuant to the Robinson Ridge Subdivision Agreement and
includes the amount of$442,OOO.00 as the Performance Guarantee for the
11
construction on the neighbourhood park shown as Block 305 on draft Plan of
Subdivision 18T-95023. As soon as is reasonably practicable after the
execution by the parties of the amending agreement respecting the Robinson
Ridge Subdivision Agreement and the Subdivision Agreements respecting
draft Plans of Subdivision l8T-95023 and 18T-95026 with the Municipality
and the Region of Durham, respectively, the receipt by the Municipality of a
direction and release satisfactory to the Municipality's Solicitor, and the
deposit with the Municipality of replacement Letters of Credit satisfactory to
the Municipality's Treasurer in the amount required as a Performance
Guarantee for the construction of the aforesaid neighbourhood park, the
Municipality will reduce the amount of the Existing Security it holds in
accordance with the aforesaid direction and release by the amount of
$442,000.00.
8. If any notice or other document is required to be or may be given by either
party hereto to the other orby any official of the Municipality to 2001544,
289143 or 765400 under this Agreement, such notice shall be transmitted by
telefax or mailed by prepaid post or delivered to:
2001544:
2001544 Ontario Limited
*
*
*
Phone No.: *
Fax No.: *
289143:
289143 Ontario Limited
*
*
*
Phone No.: *
Fax No.: *
765400:
765400 Ontario Limited
*
*
*
Phone No.: *
Fax No.: *
12
The Municipality:
The Corporation ofthe Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
Attention: Chief Administrative Officer
Phone No.:
Fax No.:
(905) 623-3379
(905) 623-0830
or such other telefax number or address of which either party has notified the
other party in writing. Any such notice telefaxed or mailed or delivered shall
be deemed good and sufficient notice under the terms of this Agreement and if
telefaxed or delivered prior to 4:30 p.m. on any business day (excluding
Saturdays, Sundays and statutory holidays) shall be deemed to have been
received at the time of delivery or transmission and if mailed by pre-paid
registered mail, it shall be deemed to have been received on the third business
day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be
reasonably anticipated that due to Force Majeure any notice will not be
received within the time limit set out above, then such notice shall be sent by
an alternate means of transportation which may reasonably be anticipated will
cause the notice to be received reasonably expeditiously by the addressee.
9. For the purposes of this Agreement, the term "Force Majeure" means any
delay for the duration of the delay which is imposed by reason of strikes,
lockouts, riots, wars or acts of military authority, acts of public enemies,
sabotage, epidemics, washouts, nuclear and radiation activity or fallouts,
rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake
or other casualty, or an Act of God and any act, omission or event whether of
the kind herein enumerated or otherwise not within the control of 200 1544,
289143 or 765400, as the case may be, none of which has been caused by the
deliberate default or act or omission by such party and none of which has been
avoidable by the exercise of reasonable effort or foresight by such party. Each
of2001544, 289143 and 765400 shall notify the Municipality of the
commencement, duration and consequence (so far as the same is within the
knowledge ofthe party in question) of any Force Majeure affecting the
performance of any of its obligations hereunder within thirty (30) days of such
knowledge.
10. Time shall be of the essence ofthis Agreement.
11. This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
administrators, successors and permitted assigns.
13
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Mayor
Clerk
2001544 ONTARIO LIMITED
Per:
Per:
289143 ONTARIO LIMITED
Per:
Per:
765400 ONTARIO LIMITED
Per:
Per:
SCHEDULE 1
DESCRIPTION OF UNDEVELOPED LANDS IN DRAFT PLAN 18T-89037
.
.
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2001-
being a By-law to authorize the Mayor and the Clerk, on behalf of
the Corporation of the Municipality of Clarington, to execute an
agreement to amend the Subdivision Agreement between the
Municipality and Robinson Ridge Developments Limited dated June
9, 1998.
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON HEREBY ENACTS AS
FOLLOWS:
1. That the Mayor and the Clerk be hereby authorized to execute, on behalf of the Municipality
of Clarington, an agreement to amend the Subdivision Agreement between the Municipality
and Robinson Ridge Developments Limited dated June 9, 1998.
BY -LAW read a fIrst time this
25th
day of
June
2001
BY-LAW read a second time this
25th
day of
June
2001
BY-LAW read a third time and finally passed this
25th
day of
June
2001
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
.
.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-_
being a By-law to authorize the Mayor and the Clerk, on behalf of
the Corporation of the Municipality of Clarington, to execute an
agreement with 2001544 Ontario Limited, 289143 Ontario Limited,
and 765400 Ontario Limited
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
I. That the Mayor and the Clerk be hereby authorized to execute, on behalf of the Municipality
of Clmington, with the corporate Seal, an agreement with 2001544 Ontario Limited, 289143
Ontario Limited, and 765400 Ontario Limited.
BY-LAW read a first time this 25th day of
June
2001
BY -LAW read a second time this 25th day of
June
2001
BY-LAW read a third time and finally passed this 25th day of
June
2001
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk