HomeMy WebLinkAboutBy-law 5125/97REPEALED BY , ,~
REPEALS .
AMENDED BY ,
AMENDS
DISPOSITEON
BY-LAW NO, $12S/_97
Being a by.law to authorize the execution ora
Development Agreement and related documentation
respecting the development of Parts of Lots' 13, 14, 15
and 16, Concession 7, Picketing.
WHEREAS the Council of the Corporation of the Town of Pickering approved the rezoning of part of
Lots 13, 14, 15 and 16, Concession 7, Picketing, subject to conditions, one of those conditions being tha~
the owner enter into a satisfactory Development Agreement with the Town lbr the development of an
extension to the e×isting golf course facil:ty.
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Development Agreement in the form
attached hereto as Schedule A, be:ween 855782 Ontario lnc., 821034 Ontario Ltd. Big Land
Developments Limited, Club Link Corporation and The Corporation of the Town of Picketing,
respecting the development of an extc~sion to the existing golf course facility which agreement
will provide for the development of an environmental management and monitoring program,
amongst other matters, relating to Parts of Lots 13, 14, 15 and 16. Concession 7, Picketing.
2. The Town is hereby authorized to acquire uny ,ecessary interests in the nature of easements for a
,.ublic hiking trail pue5uant to the provisions of the Development Agreement referred to in
section l, above.
BY-LAW read a first, second and third time and finally passed this 6th day of October, 1997.
Wayne Arthurs, Mayor
Clerk
PlO! ;:" :7; 3
LEGAL SERVICES DEPARTMENT
MEMORANDUM
October 2, 1997
To: Mayor and Members of Council
From: Penny Wyger, Town Solicitor
Subject: ClubLink Corporation, Development Agreement
RTC L161/97, page 146 of Council Agenda October 6, 1997
Attached for your information please find draft development agreement regarding the
above-noted matter. In particular, I would draw your atter~tion to clauses 9 and 14 of the
agreement which deal with the issues of concern to the c~mmuniEg representatives. The
clauses have been strengnhened from the previous drafts in order to deal with their
I trust this is of assistance tc you, however if you have any questions cr commenls please
do not hesitate to contact me prior to the council meeting and I will b~ pleased to discuss
them with you.
olicitor,
cc. Director of Planning
General Manager
THIs AGREEMENT made this 26th day of September, 1997.
B E T W E E N:
855782 ONTARIO INC. and 821034 ONTARIO LIMITED and
BIG LAND DEVELOPMENTS LIMITED and CLUBLINK CORPORATION
(hereinafter collectively refer~ed to as the "Owner")
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to develop a Golf Course and associated buildings and structures on lands
located within Parts of Lots 13, 14, 15 and 16, Concession 7, Picketing, in the Regional Municipality of
Durham;
WHEREAS on December 5th, 1996. the Council of the To~ of Picketing approved the re-zoning of the lands
to permit expansion of the existing Cherry Downs Golf Course and related uses (hereinafter called the
"Proposed Golf Course") subject to the Owner entering into an appropriate development agreement with the
Town addressing certain matters set forth in Appendix No. I of the Recommendation Report #34/96 prepared by
the Director of Planning for the Toan dated November 25th, 1996;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of two ($2.00)
dollars now paid by each parD' to the other, receipt of which is hereby acknowledged, the parties hereto agree ~s
follows:
1. LAND .~e FECTED
The Ov~x~ers are the registered and beneficial owners of all of the lands affected by this Agreement (the
"Lands') being Parts of LoIs 13, 14, 15 and 16, Concession 7, Picketing, in the Regional Municipality of
Durham all as more particularly set out in Schedule "A" attached hereto and forming part of this
agreement.
2. STATUS OF THIS AGREEMENT
This Agreement is entered into and exeeuted by the Owner for the purpose of having the Town act in
reliance on the covenants by the Owner contained herein and the Owner hereby waives any right or
claim which it now has or may hereinat~er acquire which is inconsistent with the terms of this
Agreement.
3. INTERPRETATION
(1) Whenever in this Agreement the word "Owner" or "Encumbrancer" and the pronoun "it" is used,
it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and
.: "he", "~e', 'they , him, "her", or "lhem", respectively and the number of the verb a~..xeeing
~:~:; ~th shall be ~ accordingly.
(2) Schedule A attached hereto shall form part ofthis A~reement.
(3) Time shall he of the essence of this Agreement.
4. BINDINO PARTIES
This Agreement shall be enforceable jointly and severally by and against the Patlies hereto, their heirs,
executors, administrators, successors and the signs and the Agreement and all the covenants by the
Owner contained herein shall run with the Lands for the benefit of the Town and the land or interests in
land owned by the Town.
5. NOTICE
(1) Any notice required to be given hereunder may be given by personal delivery, or registered mail,
or facsimile,
(a) in the case of the Owner, to either
ClubLink Corporation
Attention: Donald Fleming
15675 Dufferin Street
King City, Ontario
LTB 1 K5
Telephone: 905-841-3730 and Fax 905-841-7033
and a copy to:
Jack Winberg
c/o The Rockport Group
Suite 307, 170 The Donway West
Don Mills, Ontario
M3C 2G3
Telephone: 416-444-7391 and Fax 416-445-4849
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K?
Telephone: 905-420-2222 and Fax 905-420-05 i 5
(2) Each Party may redesignate the person(s) or the address, or both, to whom or to which such
notice may be given by giving written nofce to the olher.
(3) Any notice given in accordance with this section shall be deemed to have been given on the day
it has been delivered and received when delivered or when transmiaed by facsimile, or if mailed,
upon the second day following the day it was deposited in the post office.
~ 6. I~ICENCE,TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to
enable the Owner and the Town's inspectors to enter upon the Lands in order to comply with the
The Owner shall ~:omplete in a good workmanlike manner for the Town. any and all nmRers se! forth or
required by this Agreement to the ~atisfaction of the Town, and shall complete, perform or mak~
l~yment for such other matters as may b~ provided for herein.
OWNER'S EXPENSE
Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to
include the words "at the expense of the Owner and at no expense to the Town" unless the context
requires otherwise.
9. ,ENVIRONMENTAL MANAGEMENT AND MONITORING
The Owner agrees that prior to commencing construction of the Proposed Golf Course and any
associated buildings and structures, the Owner shall prepare and submit to the Town an Environmental
Management and Monitoring Program (hereinafter called "the Program") for approval by the Town.
The parties hereto agree that in order to receive the Town's approval, the Owner will be required to
providc satisfactory evidence to the Town that the Metropolitan Toronto and Region Conservation
Authority ("MTRCA') has approved the provisions of the Program regarding water taking. The parties
acknowledge and agree that the Program will require reasonable standards to be established (which
standards may exceed the minimum standards required to obtain the necessary certificates and approvals
otherwise required to be obtained from the Ministry of the Environment and Energy relating to ali of the
matters in the Program). in addition, the parties agree that the preparation of the Program villi be done
in consultation with community representatives and the MTRCA. l'he Program shall address, but shall
not be limited to such matters as water taking, qualities and quantities, fairway design and construction,
erosion and sedimentation controls, integrated pest management, natural areas management, education
and the monitoring of such items from time to time. A copy of the Program will be available through
the Town Clerk and the Owner.
10. The Owner agrees to carry out and implement all of the recommendations of the Program at no cost to
the Town. At the time of the settlement of the terms of the Program. the parties shall negotiate in good
faith the determination of the appropriate bonding or financing guarantees required and such financial
guarantees will be provided to the Town so as to ensure that the Owners carry out and implement the
recommendations of the Program. At such time, the parties shall also settle the arrangements for the
reduction of such financial guarantees or performance bonds as the work progresses and is certified to
have been completed ~y the Consulting Engineers and as well, for ongoing financial guarantees or bonds
to ensure that the Program is carried out as recommended.
11. The Owner does hereby agree that the Town, or its appointed representatives, which may include agency
or community representatives, shall have a right of access to enter upon the Lands for the purposes of
ensuring that the Owner is proceeding to carry out and implement the Program, or for the Town to carry
out the Program at the Owner's expense, if the work is not being done to the Town's satisfaction.
12. The Owner agrees that the Program shall include a monitoring regime which will be directed towards
ensuring that the facilities undertakings and obligations of the O,n~er to monitor the matter identified in
the Program are in fact being carried out or implemented. The Program shall set forth a clear method for
the distribution and dissemination of the results of the monitoring for review by the Town, MTRCA and
community representatives at the intervals established by the Program.
13. The Owner will be required to undertake any and all remedial measures or additional monitoring as may
be required by the Town following the review and .analysis of the results of The Monitoring Program as
the same is undertaken from time to time during and following the consu'uction of the proposed Golf
COurse:
I0 Prior lo the operdng of the Proposed Oolf Courm, tho Owner ~ ~o To~ s~! ~tfl~ ~ pr~i~
I~Uon of ~y ~d ~1 e~e~nts ~uir~ to ~ si~n m the To~ for ~e pro~ hiking t~l ~ ~
I~ ~0~ ~ no~ side of t~ Mito~ll Cr~k Valley, for ~e provision of t~ ~ection to t~
M~$ ~&t for ~ker$ and equestri~s ~w~n ~ no~h end of the tmvel~ ~ion of Sideline 14. T~
co~t~tion ~d ~inten~ce of ~e ~id ~il ~nll ~ ~e ~le res~nsibility of thc Owner. The ~d
e~men~ shall ~ pm~ in n fo~ ~tisf~to~ to ~e To~ and registered against the title ~ thc
l~da at no ~$t to ~e To~. All of ~c coats of the s~'cying ~d ~nveyancing of ~c said e~mcn~
sh~l be at ~e ~lc ex~n~ of the ~er.
b) The Owner ncknowledges that the public ~ail pro~sed on the Lands shall include a hiking troll
pro~sed along ~e noflh side of thc Michell Cr~k V~ley from Sideline 12 to approximately ~e mid
concession ~int, ~ well ~ a hiking ~d ~uestri~ route ~tween thc te~inus of Sideline 14 ~d ~e
EigMh Concession R~d, ~ generally identified on ~e concept pl~ for ~ Che~ Downs Golf ~d
Count~ Club submitted ~y ClubLi~ Pro~Hies Limited dated July 2, 1996 ~d revised June 23, 1997.
~e trails pro~sed on the L~ds will include a clewed route of approximately ! metre wide by 2.5
me,es high, minimum grabbing, ~d no s~cial s~face ~atmcnt except ~ needed for steep slo~s or
wet ~e~. Potions cftc ~ail intended to acco~te equestrian use shall ~ similar but with clc~
route of approximately 2.5 metres wide by 3.5 metres Mgh.
c) ~e O~er agrees that it shall not interfere wi~ ~e continued use of thc fo~er road allowance
I~ds ~ing legally descried ~ p~ of the road ~lo~v~ce ~tween Lots 14 ~d 15 Concession 6,
desig~ted ~ P~s l, 2 and 3, Plan 40R-17428, by ~e public ~ a hiking trail for hikers and equestrians
~til the e~lier cE
(i) thc date the owner commences cons~ction on the lands for the Pro~sed Golf
Co~; or
(ii) ~e date the easements as refe~ed to in clause 14(a) herein, have been conveyed to the
To~.
15. Prior to the commencement of construction, the Owner shall engage appropriate Consultants to carry out
a Cultural Heritage Resource Assessment of the Lands and to follow or implement any of the
recommendations of such Assessment including the mitigation, through avoidance or documentation, or
any other manner as may be determined to be appropriate and adverse impacts to any significant
Cultural Resources found on the Lands all to the satisfaction of the Ministry of Citizenship, Culture and
Recreation, or its successors.
16. GENERAL
(i) Registration of Agreement - The Owner consent to the registration of this agreement which
agreement shall be registered by the Town against the Title to the Lands set out in Schedule "A'
hereto.
(ii) The Owner shall give to every purchaser of the Lands or any part of the Lands actual notice of
the existence of the terms of this Agreement shall include and acknowledgment in any Offer to
Purchase or other similar document dealing aith the Land or any part of them.
(iii) The Ovmcr shall indemnify and save harmless to the Town from any lawsuit, claim or damages
which may result to the Town from the O~er's failure to comply with subsection (ii) and
against any action or claim made against the To~ by any person other than the Owner arising
out of the execution by the Tows of this Agreement.
(iv)This Agreement shall be binding upon the parties hereto and their respective heirs, successors
and assigns.
(v) This ^gre~ment shall be construed in accordance with to the laws of the Province of Ontario.
4
(vi) Any oovon~.nts or provisions con. ned in this Agreement determined m be void or unenforceable
in whole or in pm~ shall be deemed not to affect or impair thc validity or enforceability of an)'
other covenant or provision of Ibis Agreement and the covcnams and provisions of d~is
Agreement shall be separate and distinct.
17, TI~ parties agree to provide such other documentation and assurances as may be required to give effect
to the terms of this Agreement from time to time.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
855782 ONTARIO INC.
821034 ONTARIO LIMITED
BIG LAND DEVELOPMENTS LIMITED
CLUBLINK CORPORATION
We have the authority to bind the corporations.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk