CORNELL MASTER
PARKS AGREEMENT
THIS
AGREEMENT made the day of April,
2006
BETWEEN:
KIM
BECKMAN, Barrister and Solicitor, OF DAVIES HOWE PARTNERS, Trustee of the CORNELL
LANDOWNERS GROUP
(hereinafter
collectively called the “Group”)
OF THE FIRST PART
-and-
THE
CORPORATION OF THE TOWN OF
(hereinafter
referred to as the “Town”)
OF THE SECOND PART
WITNESS
THAT:
WHEREAS Kim
Beckman is named as the trustee (“Trustee”) of the Group pursuant to a cost
sharing agreement dated
AND WHEREAS the Cost Sharing Agreement has been
entered into by the owners listed on Schedule “A” hereto (“Owners”), who are
the registered and beneficial owners of lands located within the Secondary Plan
Area;
AND WHEREAS the
Owners and the Town have come to an agreement concerning certain matters
relating to parkland and other open space land dedications within the Cornell
Development Lands, whether or not such land is presently owned by the Owners
and whether or not such land is presently subject to a development
application;
AND WHEREAS the
Owners and the Town intend that this Agreement shall replace and supersede the
Development Agreement and the School Site Agreement as they apply to the Cornell
Development Lands and as they relate to the dedication of park land;
AND WHEREAS the Owners and the Town intend that
all owners of land within the Secondary Plan Area shall be subject to a
condition of development approval which requires participation in the Cost
Sharing Agreement and this Agreement;
NOW THEREFORE this Agreement witnesseth that in consideration of the
mutual covenants herein contained and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. The Owners and the Town hereby agree that the minimum parkland
dedication required for Secondary Plan Area shall be 137.5 acres (“Minimum
Parkland Dedication”).
2. Subject
only to clause 12 of this Agreement, regardless of any changes to the quantity
of proposed residential units or commercial and employment lands, the Minimum
Parkland Dedication for the Cornell Development Lands shall remain at 137.5
acres and each of the Owners covenants and agrees to convey the parkland
required in accordance with the Parks and Open Space Master Plan, dated ?,
attached hereto as Schedule “B”.
3.
The
Minimum Parkland Dedication shall be satisfied as follows:
(a) 106.58
acres of parkland shall be conveyed to the Town at no cost and free of any
encumbrances save and except as approved by the Town Solicitor and shall be
distributed between community parks, neighbourhood parks and parkettes within
the Cornell Development Lands in accordance with the locations depicted in the
Parks and Open Space Master Plan, of which 14.7 acres was previously dedicated
by the Law Group as part of the development of those Cornell Development Lands
referred to as Phase 1 Lands, specifically described in Schedule “D” attached
hereto;
(b) The
Town acknowledges a pre-existing parkland dedication credit of 20 acres for
previous dedications to the Town by the Law Group pursuant to the provisions of
the School Site Agreement;
(c) 9.23
acres of a total of 51.2 acres of woodlot to be dedicated to the Town at no
cost and free of any encumbrances save and except as approved by the Town
Solicitor, (the “Woodlot Trail Lands”) , schematically illustrated in the Parks
and Open Space Master Plan; and
(d) The
remaining 1.69 acres shall be provided by the provision of infrastructure in
lieu of land, as follows:
(i) The
Owners shall construct woodlot trails, trail entry features and a pedestrian
bridge having a construction value of a minimum of approximately $650,000.00 in
2004 dollars to the satisfaction of the Commissioner of Development Services,
which improvements are schematically illustrated on the XXX Plan attached
hereto as Schedule “C”. The details of the infrastructure to be
provided shall be determined through subdivision approval for the related draft
plans of subdivision to the satisfaction of the Commissioner of Development
Services; and
(ii) the
Owners shall remove the existing roadbed and dispose of the material from the existing
Markham By Pass roadway shown as Community Parkland on the Parks and Open Space
Master Plan.
4.
The
Owners hereby agree to dedicate to the Town, at no cost and free of any encumbrances
save and except as approved by the Town Solicitor, the lands described in
clauses 3 (a) and (c) above located within each of the Owners’ Lands prior to
or as a condition of registration of each plan of subdivision containing any
part of these lands.
Other
5.
In
addition to the Minimum Parkland Dedication, the following additional lands,
shown more particularly on Schedule “B” hereto, within the Secondary Plan Area
shall be dedicated to the Town, at no cost
and free of any encumbrances save and except as approved by the Town
Solicitor:
(a) 6
acres of land which are designated as urban open space areas (“Urban Open Space
Lands”) of which the Law Group has previously dedicated 1.4 acres;
(b) the
lands which are currently referred to as the “Ninth Line Queen’s Golden Jubilee
Greenway” (the “Ninth Line”)[ add that it is 6.4 acres?];
(c) the
balance of the 51.2 acres of woodlot referred to in clause 3(c) above, being 41.97
acres (the “Woodlot and Woodlot Buffer”); and
(d) a
woodlot expansion area and stormwater management ponds, (“Woodlot Expansion and
all in accordance with the Parks and
Open Space Master Plan;
7.
The
Owners hereby agree to dedicate to the Town at no cost and free of any
encumbrances save and except as approved by the Town Solicitor, the Urban Open
Space Lands, the Ninth Line, the Woodlot and Woodlot Buffer and the Woodlot
Expansion and SMP Lands located within each of the Owners’ lands prior to or as
a condition of registration of each plans of subdivision containing any part of
these lands.
Location of
8.
The
parties hereto acknowledge that the dedication of the Minimum Parkland
Dedication, Urban Open Space Lands, the Ninth Line, the Woodlot and Woodlot
Buffer and the Woodlot Expansion and SMP Lands shall be made in accordance with
the locations and specifications schematically illustrated on the Parks and
Open Space Master Plan, to the satisfaction of the Commissioner of Development
Services.
9.
The
precise location and boundary specifications of the Minimum Parkland
Dedication,
Additional
10.
It
is acknowledged that of the 7,760 residential units for the Secondary Plan Area
derived from the Development Phasing Plan Update dated November 21, 2003 as
approved by the Town on December 16, 2003 (the “Phasing Plan”) , 159
residential units were proposed along the Highway 7 corridor within the area
designated Potential Higher Density Area on Schedule ”B”. The Parties
acknowledge that additional density may be permitted or required in this area
based on the outcome of the Highway 7 corridor study and the Cornell Centre
review.
11.
The
parties acknowledge that the distribution of the 159 units along the Highway 7
corridor shall be determined in accordance with the Phasing Plan.
12.
Notwithstanding
clause 2 of this Agreement, in the event additional density is developed along
the Highway 7 corridor and a unit count in excess of 159 units is developed in
the area depicted in Schedule “B”, then conveyance of additional parkland or
payment of equivalent cash-in-lieu of parkland will be required for the
additional units at a rate not less than the rate specified in the Town’s
parkland by-law in effect at that time.
13.
The
Owner seeking to develop lands within the Potential Higher Density Area at a
density in excess of the base level of density permitted shall be required to
provide additional land for park, or cash-in-lieu, to the satisfaction of the
Commissioner of Development Services.
Delivery of
14. The
Owner(s) of the lands currently referred to as the "Central Community Park”
depicted on Schedule “B” shall use their
reasonable best efforts to dedicate the required land, in whole or in useable
functional parts, as approved by the Commissioner of Development Services, as
early as practically possible during the development process.
Miscellaneous
15. This
Agreement shall be interpreted in accordance with the laws of the
16.
The
Town acknowledges and agrees that each Owner shall only be required to dedicate
to the Town those lands which are within its ownership or which are owned by an
entity that is controlled by the Owner, within the Cornell Development Lands.
The amount of parkland which is dedicated to the Town pursuant to this
Agreement shall be monitored by the Owners and the Town. The Owners agree to provide the Town with a
regular reporting of the parkland dedicated by the Owners, as well as projected
dedications, in order that the Town may satisfy itself that the Owners are
complying with this Agreement. The
Town acknowledges and agrees that an individual Owner’s plan of subdivision, or
phase thereof, may be approved and released for registration where it is
deficient in parkland dedication, provided that the Town is satisfied that:
(a) the
shortfall in parkland dedication will be made up by an excess dedication in
another phase of that Owner’s plan of subdivision or in another Owner’s plan of
subdivision;
(b) the
Owners’ overall dedication requirements will ultimately be achieved in
accordance with the requirements contained in this Agreement; and
(c) the
value of security held by the Town is sufficient to ensure compliance with this
agreement and provided that the Town will not reduce the securities held below
the value of the parkland dedication shortfall.
17.
In
the event that any provision or any part of any provision hereof is deemed to
be invalid by reason of the operation of any law or by reason of the
interpretation placed thereon by a court, this Agreement shall be construed as
not containing such provision or such part and such severance shall not affect
the validity of any other provision or the remainder of such provision hereof
and all of the provisions hereof which are otherwise lawful and valid shall
remain in full force and effect. In the event that any section or provision in
this Agreement is determined by a court of law to be void as being outside of
the powers of the Council of the Town to bind a future Council, then such
section or provision shall be severed from the remaining sections and
provisions of this Agreement and shall have no force or effect.
18.
It
is acknowledged that the provisions of this Agreement shall enure to the
benefit of and be binding upon the parties hereto and their respective
successors and assigns and shall be binding upon and benefit the
19.
The
Trustee warrants that she has authority to bind the members of the Landowner’s
Group set out in Schedule “A” hereto.
20.
The
following Schedules are attached hereto and form part of this Agreement:
SCHEDULE “A” List of Owners who are members of the
Cornell Landowners Group
SCHEDULE “B” Parks and Open Space Master Plan
SCHEDULE “C” XXX (the Schematic Illustration of
infrastructure in lieu of parkland)
SCHEDULE “D” Plan of Phase I Lands
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate
seals under the hands of their duly authorized officers in that behalf, and the
other parties have hereunto set their hands and seal as of the day, month and
year first above written.
DATED at this day of , 2006
SIGNED, SEALED AND DELIVERED
in the presence of
)
)
)
_______________________ ) _____________________________
Witness ) Kim Beckman, Trustee
) Davies Howe Partners
THE CORPORATION OF THE TOWN OF
Don Cousens, Mayor
Sheila Birrell, Clerk