Report to/Rapport au:
Corporate Services and Economic Development Committee
Comité des services organisationnels et du développement économique
and Council / et au
Conseil
5 October 2010 / le 5 octobre 2010
Submitted by/Soumis par: Kent
Kirkpatrick, City Manager / Directeur municipal
Contact
Person/Personne ressource : Gordon MacNair, Director, Real Estate Partnerships and
Development Office/Directeur, Partenariats et Développement en immobilier
(613)
580-2424 x 21217, Gordon.MacNair@Ottawa.ca
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Ref N°: ACS2010-CMR-REP-0050 |
REPORT RECOMMENDATIONS That the Corporate
Services and Economic Development Committee recommend that Council: 1.
Authorize
the City Manager to finalize and execute a settlement agreement with West
Capital Developments (WCD) for the purchase and development of the Carp
Airport as set out in this report; 2.
Upon
execution of the settlement agreement that the City Manager negotiate and
execute an Agreement of Purchase and Sale with WCD based on the provisions as
set out in the settlement agreement; and 3. Authorize
the City Manager to negotiate and execute a Municipal Capital Facility
Agreement as described in this report. RECOMMANDATIONS DU RAPPORT Que le Comité des services organisationnels et du développement
économique recommande au Conseil : 1.
d’autoriser le directeur municipal à
finaliser et à signer un règlement à l’amiable avec West Capital Developments
(WCD) pour l’achat et l’aménagement de l’aéroport de Carp, tel qu’établi dans
le présent rapport ; 2.
de demander au directeur
municipal, au moment de l’exécution du règlement à l’amiable, de négocier et
de signer une convention d’achat et de vente avec WCD conformément aux
dispositions établies dans le règlement à l’amiable ; 3.
d’autoriser le directeur
municipal de négocier et de signer un accord relatif aux immobilisations
municipales, tel que décrit dans le présent rapport. |
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BACKGROUND
On 14 March 1997, the Regional Municipality of Ottawa Carleton (RMOC) acquired the Carp Airport from Transport Canada under a series of agreements that obliged the RMOC to maintain an operational airport until, at least, 14 March 2007.
In July 2002 the City,
as successor to the RMOC, initiated a Request for Expressions of Interest (RFEOI) process regarding the sale
and development of the Carp Airport property.
The objectives wore to maintain and enhance this small general aviation
airport facility with additional development, to eliminate the need for the
City to be responsible for its management and operations, and for continuing to
financially subsidize this facility on a long term basis.
On 11 October 2002, the City received four (4) expressions of interest but only a submission from West Capital Developments (WCD) responded fully to the RFEOI criteria by setting out a comprehensive project to own, manage and develop the Carp Airport property as a private sector corporation.
As set out in the project chronology document, attached as Document 3, Council provided a series of approvals in the period from 13 May 2003 to 9 March 2005 with respect to providing WCD with an option to purchase
and develop the Carp Airport.
The City initially entered into an Option to Purchase and Development Agreement with WCD on 31 May 2004 based on the Council authority of 12 May 2004 and subsequently entered into an amended agreement on 18 March 2005 ( the Agreement) based on the Council authority of 9 March 2005. As noted in Document 3, the City also entered into an agreement for WCD to manage the airport on behalf of the City.
The Agreement provided for a development of the Carp Airport property with three distinct areas: 1) the core airport, which would be a municipal capital facility agreement; 2) an airport accessory residential community; and 3) an aerospace business park, as shown on the March 2005 Land Use Plan attached as Document 5 of this report. The 2005 Land Use Plan provided for 280 residential units, a 187 acre aerospace business park (approx. 800,000 sq. ft. total building floor area), maintaining the existing 4,000 ft. runway and construction of a new airport terminal building and Fixed Based Operation facility (FBO) with the development being served by private water and wastewater services.
The Agreement also provided that,
before WCD could exercise its option to purchase and develop the airport, WCD
had to first:
- Obtain
all planning and related infrastructure approvals; and
- Modify
its business plan to account for all changes since the Council approval in
May 2004 and submit the plan to the City for review and approval as a
prerequisite to entering into a Municipal Capital Facility Agreement (MCFA)
for the airport property.
The Agreement also required WCD, when
exercising the option, to submit an agreement of purchase
and sale that includes the terms set forth in Schedule “E” of the Agreement,
which Schedule includes an option in favour of the City to repurchase the
property.
As a condition of closing, the Agreement also
required WCD to: secure and provide a
financial commitment for the first phase of the development shown on the land
use plan approved for the development; enter into the Municipal Capital Facility
Agreement; enter into development and option to repurchase agreements; and
agree to accept certain conditions precedent with respect to the environmental
status of the airport as well as Transport Canada and NavCanada
agreements and approval authorities over the airport.
As set out in Document 3, WCD
obtained zoning and draft plan of subdivision/condominium approvals for this
project through the City’s standard integrated environmental assessment and
subdivision planning process.
The draft plan of subdivision, as
shown on Document 4 of this report, was approved as of 16 August 2007 upon
conditions of draft plan approval as set out in a letter dated 20 December 2007
from the City’s Planning Branch to WCD.
As a result of the draft plan approval
process, a number of changes to the WCD’s Land Use Plan were required as shown
on the revised December 2007 Land Use Plan attached as Document 6 of this report.
As set out in Document 3, the Option
to Purchase and Development Agreement has been amended many times, in
accordance with the provisions of the Agreement, since March 2005 to allow WCD
to complete the planning approval process and then revise its Business Plan for
the developing the airport. The most recent amendment to the Agreement was
dated 31 December 2009 which amended the operative dates in the Agreement.
Specifically, the option to purchase period was extended to 31 May 2010. Additionally,
this amending Agreement also included a clause by which the WCD acknowledged
and agreed that any further requests for an extension to the option period may,
at the City’s discretion, be subject to Council approval.
Since the last Council approval with respect
to the Option to Purchase and Development Agreement in March 2005, the
City and WCD have acted cooperatively, under the provisions of the option and
airport management agreements between the parties, to achieve a number of
accomplishments at the Carp Airport including the following:
- The Airport
is now essentially at break-even instead of a large annual deficit that
previously existed;
- New
investment of approximately $5,500,000 has been brought to the field including
the Roly Armitage
Airport Terminal and a new Helicopter Transport Services facility;
- The construction
of Roly Armitage
Airport Terminal provides services for pilots such as washrooms and a
cafeteria which has significantly raised the profile and interest in the
airport and ensured retention of tenants who may otherwise have gone
elsewhere;
- The
construction of a new 6,000 sq. ft. aircraft hangar attached to the
Airport Terminal provides services for itinerant aircraft;
- The signing
of existing tenants to long-term leases and significant additional leasing of Core Airport Area
lands;
- The removal
of all underground fuel storage tanks and the provision of a new 24/7
credit card-based AvGas fuel facility with added
Jet-A fuelling capability via a “bowser” truck;
- Extensive
environmental monitoring and remediation of the brownfield
in the Core Airport Area;
- The airport’s
certification is now tied to a
Transport Canada approved Airport Operator’s Manual (AOM);
- The secondary
runway, Runway 4-22, has now been certified by Transport
- The former Carp
Flying Academy trailer has been moved to a location near the Borden
Building for use by the Huntley Historical Society; and
- Video
surveillance has been provided in selected areas and appropriate signs have
been posted.
As more fully described in Document
2, on 28 May 2010 WCD purported to exercise its option to purchase the Carp
Airport under the Agreement and subsequently tendered to close on 25 June 2010. However, the City’s legal counsel refused to
accept this tender because the tender documents were, in the City’s opinion,
deficient. As such, the City returned
the original tender documentation to WCD’s legal counsel and also returned the
original deposit cheque along with the original option exercise.
Amongst a number of issues, the
following were of specific concern to City staff:
- WCD
had not submitted a modified business plan prior to submitting a document
to exercise the purchase option;
- The
modified business plan was a prerequisite to preparing an MCFA which in
turn was a prerequisite for closing the transaction;
- The
option documents provided were not accompanied by an Agreement of Purchase
of Sale, in keeping with Schedule “E” of the Agreement that provided for
the City to have an option to repurchase;
- WCD
did not indicate prior to tendering to close the transaction that it had
accepted the conditions precedent in the Agreement; and
- The documentation submitted by WCD in tendering to close the transaction did not include the required MCFA, a financial commitment for Phase I of the development, development or option to repurchase agreements.
DISCUSSION
Since 24 June 2010, REPDO staff and WCD representatives have met on a number of occasions, on a “without prejudice” basis to seek common ground to allow WCD to acquire the Carp Airport property and move forward with its proposed draft plan approved development. These discussions have been based on a proposed settlement between the parties that is not only in keeping with the intent of the original agreements but also take into account:
·
Current economic and development considerations;
and
·
The significant improvements at the Carp Airport
that have been achieved since 2005 by the parties, as described in the
Background section of this report under the Agreement and the Airport
Management Agreement.
As a result of negotiations between REPDO staff and WCD representatives, REPDO put forward “Basic Principles” for settling this matter, as set out in Document 1 of this report. that address the City’s concerns regarding the documents submitted by WCD with respect to exercising the option and closing the transaction. On 28 September 2010, WCD agreed to these “Basic Principles” as shown in Document 1.
Staff is now recommending that CSEDC recommend that Council authorize the City Manager to finalize and execute a Settlement Agreement with West Capital Developments (WCD) for the purchase and development of the Carp Airport as set out in Recommendation 1 of this report.
Upon
execution of the Settlement Agreement it is also recommended, as set out in Recommendation
2, that the City Manager be authorized to negotiate and execute an Agreement of
Purchase and Sale with WCD based, not only on the provisions as set out for the
proposed Settlement Agreement, but also in accordance with provisions similar
to those Council approved provisions included in the previous Option to
Purchase and Development Agreement. These provisions are still relevant with
respect to the City’s requirements for a Municipal Capital Facility Agreement
and Development/Option to Repurchase agreements.
In this
regard, the Purchase Price for the airport is to be based on the fair market
value for the Aerospace Business Park and Airport
Accessory Residential Community portions of the Carp Airport, “as determined by mutual agreement of the Vendor
and Purchaser using the Vendor’s existing appraisal dated the 17th
day of November, 2003, updated to the 14th day of May, 2004, and at
least one new independent fee appraisal, prepared by accredited member of the
Appraisal Institute of Canada, and which appraisals will be carried out on the
basis of the valuation date being the 14th day of May, 2004 and the areas of
the lands being as shown on a Reference Plan that is to be prepared by the Vendor.”
The City obtained
two independent appraisals and on 2 May 2005 REPDO staff advised WCD that the highest of the two appraisals in the amount or $1,300,000
would be the basis of establishing fair market value for the proposed
transaction. On 25 May 2005, WCD advised that “West Capital Developments does accept the value of $1,300,000 and will
not be obtaining a third appraisal”.
The
Agreement also provides for WCD to receive a credit of $75,000 on closing for
payments made by WCD with respect to the operational costs at the airport
during the option period. As a result, the Purchase Price on closing, subject
to the usual adjustments, will be $1,225,000.
It is further recommended, as set out in Recommendation 3, that the City Manager be authorized to negotiate and execute a Municipal Capital Facility Agreement upon terms and conditions that are also similar to those approved by Council with respect to the previous Option to Purchase and Development Agreement. These are still relevant with respect to the City’s requirements and are consistent with the conditions of Draft Plan approval set out by the City on 20 December 2007.
ENVIRONMENTAL IMPLICATIONS
The natural
environment considerations for this project have been accounted for in the
draft plan of subdivision and condominium approval process. WCD has accepted
the results of the City’s monitoring and remediation measures with respect to
the City’s Environmental Site Assessment investigations at the airport. As such, WCD is expecting to close the
airport transaction on the basis of accepting the existing environmental
condition of the airport property as set out in the “Basic Principles” for
settlement described in Document 1 of this report.
CONSULTATION
The recommendations in this report are based on
the results of negotiations and discussion with the West Capital Developments
(WCD).
The Ward Councillor has been briefed on the status of these matters and the legal positions of the City and West Capital Developments. The Councillor has indicated his support for a settlement between the parties that is in keeping with the intent of the original agreements. In addition, the councillor also takes into account the current economic and development considerations as well as the significant improvements at the Carp Airport that have been achieved since 2005 under the Option to Purchase and Development Agreement and the Airport Management Agreement between the City and WCD.
RURAL
IMPLICATIONS
The
recommendations in this report are based on ensuring that any proposed
development supports the relevant Official Plan policies for the rural area and
the objectives of the rural community, including protecting and adding to the
employment base in this location, and is compatible with, and supports the Community
Design Plans for the Village of Carp and the Carp Road Corridor.
HOUSING
FIRST POLICY
This Official Plan policy directs that the City makes land available for affordable housing and give priority for the sale or lease of surplus City-owned property for this purpose.
The Housing First Policy, approved by Council on 13 July 2005, establishes priority consideration to the Affordable Housing Services Division in the identification of potentially surplus City-owned property, to be used in achieving the City’s affordable housing program targets. The policy also requires that the Official Plan target of 25% affordable housing be met on any City-owned property sold for residential development. Where viable, residential properties are disposed of without a condition requiring an affordable housing component and that 25% of the proceeds from the sale are to be credited to a housing fund, to be used for the development of affordable housing elsewhere in the City.
The subject property is zoned for airport and airport accessory uses and therefore the provision of the Housing First Policy are not applicable in this case.
COMMENTS BY THE WARD COUNCILLOR
See Consultation section.
LEGAL/RISK MANAGEMENT
IMPLICATIONS
Should Council approve the report prepared by Real Estate Partnerships
and Development Office, then the City will finalize and execute a
settlement agreement with West Capital Developments (WCD) for the purchase and
development of the Carp Airport and further negotiate and execute an Agreement
of Purchase and Sale with WCD on the provisions as set out in the settlement
agreement and negotiate and execute a Municipal Capital Facility
Agreement.
CITY STRATEGIC PLAN
The provisions of the proposed
agreements with WCD support the City’s Official Plan objectives to maintain and
enhance a Transport Canada certified general aviation facility to support
economic development in
TECHNICAL IMPLICATIONS
There
are no technical implications to implementing the recommendations in this
report.
FINANCIAL IMPLICATIONS
This transaction represents revenue of $1,225,000 to the Corporation and will be credited to the City’s Sale of Surplus Land Account.
SUPPORTING DOCUMENTATION
Document 1: Basic Principles for Settlement
Document 2:
Document 3:
Document 4: Carp Airport - Draft Approved Plan of Subdivision
(Sheets 1 & 2)
Document 5:
Document
6:
DISPOSITION
Subject to Committee and Council approval, staff will
implement the recommendations as outlined in the report.
DOCUMENT 1
BASIC PRINCIPLES FOR
SETTLEMENT
Basic Principles for Settlement
- Prior to entering into an agreement of purchase and sale for the
- Prior to entering into an agreement of purchase and sale for the
Carp Airport, WCD shall confirm in writing that it is satisfied that
Transport Canada has issued an Operating Certificate for the Carp Airport
and also that WCD is satisfied with the status of the Operating
Certificate and that there are no outstanding deficiencies with respect to
maintaining the Operating Certificate. WCD shall be
responsible for maintaining the Operating Certificate and for remedying
any associated deficiencies identified by Transport
- Prior to entering into an agreement of purchase and sale for the
Carp Airport, WCD shall confirm in writing that WCD is aware of, and
understands the provisions of, Aviation and Services Facilities Agreement
(ASFA) in effect for the Carp Airport and that WCD will be responsible for
obtaining all necessary consents and approvals from NavCanada
as are required under the ASFA or such amendments to the ASFA as are
necessary to permit WCD’s proposed development of the Carp Airport. WCD
shall indemnify and hold harmless the City against any third party claims
relating to or arising from the status of, or conditions under, the ASFA
from and after the Closing Date. This responsibility and indemnification
shall not merge with but shall survive the closing of this transaction.
- WCD acknowledges that the City is and shall
remain an independent planning authority with all requisite powers and
discretion provided under applicable laws (such as the Planning Act (Ontario) and the Municipal Act, 2001 (Ontario))
and nothing herein or the agreement of purchase and sale will derogate
from the obligations of WCD to obtain all requisite consents, permits and
approvals or the City’s discretion, obligations and liabilities with
respect thereto.
- WCD acknowledges and confirms that any
Council approval to these basic principles does not include approval in
respect of the water consent agreement, engineering review and
confirmation of water allocation. The City agrees that it will grant a
license of occupation for the long service water connection required along
Carp Road to WCD at nominal consideration, however, the license of
occupation and the water consent agreement are, as set out above, subject
to the approval authority of the Planning and Infrastructure Approvals in
the normal manner of exercising its legislative authority or
administrative function.
- The parties shall enter into a MCFA as a
prerequisite to the closing under the agreement of purchase and sale,
scheduled to close on or before 15 December 2010 or such other date as may
be mutually agreed to between the City and WCD.
- WCD will not be required
to extend the Core Airport Area to compensate for the parkland shown on
Block 332 of the Approved Draft Plan.
- The Purchase Price for the Airport Property will be $1,300,000
(subject to agreed adjustments) based on nominal consideration ($1) for the
Core Airport Area and $2,173 per acre for the remaining lands (average per
2004 appraised value)
- Subject to WCD agreeing that it will not pre-service any part of
the Carp Airport lands prior to registering the associated plan of
subdivision and also agreeing that WCD will accept the option to
repurchase conditions set out below, the City will not require WCD to
provide a financial commitment for Phase 1 of its proposed development as
a condition of closing the transaction.
- The sale of the airport property will be subject to the City
retaining an irrevocable option to repurchase the whole property if: a)
WCD has not registered, within 3 years of the closing date, a plan
of subdivision for at least a portion of the airport property that
includes Park Block 332, Aerospace Business Park Blocks 300, 301, 306,
320, 321 & 322, and for the installation of the initial phase of the
communal water and waste water disposal systems for developing the Airport
Accessory Residential Lots and Blocks set out on the approved Draft Plan
of Subdivision; and b) WCD has not commenced construction of the
servicing (e.g. roads and taxiway) related to the Aerospace Business
Park Blocks, as described above, within the same 3 year period
(collectively the “Three Year Option to Repurchase”).
- Upon WCD
registering the plan of subdivision and commencing construction of
servicing for the Aerospace Business Parks as described above, the City
will release its option to repurchase the whole airport property but shall
retain irrevocable options to repurchase: a) the Core Airport Area, as
defined by Parts 2, 3, & 4 shown on Reference Plan 4R-40588, to be
exercised only with respect to a lack of performance by WCD under the
ongoing requirements set out in the proposed MCFA for the Municipal
Airport Facility ; b) Vacant Land Block 293 to be exercised only if WCD
has not received a further draft plan approval for the subdivision of this
block and has then not registered the resulting plan of subdivision for
this block within 10 years of the closing date; and c) Aerospace
Business Park Blocks 297, 302, 305 and 319 to be exercised only if
WCD has not registered a plan of subdivision for these blocks and has not
commenced servicing (e.g. access road) as required by the associated
Subdivision Agreement within 10 years of the closing date. (collectively the “Ten Year Option to Repurchase”).
·
No later than three (3) months prior to the
expiry of the Ten Year Option to Repurchase, the WDC may request, and the City
may, in its discretion, grant, an extension of the time frame for obtaining the
development approvals required to be obtained prior to the crystallization of
the City’s rights under the Ten Year Option to Repurchase.
- The
Core Airport Area shall not be encumbered without the consent of the City
which consent may be unreasonably withheld and any encumbrances of any
other part of the Carp Airport property may only be registered subsequent in priority to the City’s
registration of its option to repurchase and any potential
encumbrances of any part of the Carp Airport Property must agree in writing to discharge any
encumbrance upon exercise of the City’s option to repurchase at the
repurchase price for those respective lands as described above.
Notwithstanding the above, the City agrees that licenses of occupation may be granted over the
airport property, including the Core Airport Area, to permit WCD’s
proposed WCD development to be serviced in accordance with the conditions
of registered subdivision agreements (e.g. wastewater system tile bed in
Block 307) and subject to the City approving the conditions of the license
in each case.
DOCUMENT 2
OPTION TO
PURCHASE AND DEVELOPMENT AGREEMENT
BACKGROUND TO
LEGAL POSITIONS
On 27 May 2010, West Capital
Developments (WCD) purported to exercise its option to purchase the Carp Airport
under the Option to Purchase and Development Agreement dated 18 March 2005, as
amended to date, by sending a letter from its legal counsel enclosing a signed
option exercise dated 27 May 2010, together with a deposit cheque in the amount
of $100,000 dollars made payable to the City of Ottawa.
By letter dated 23 June 2010
addressed to WCD’s legal counsel, the Real Estate and Partnerships Office
(REPDO) confirmed that the terms of the Agreement had not been complied with
nor satisfied in order to allow WCD to exercise its option to purchase the
The REPDO letter outlined the
following specific items as deficiencies which barred WCD from exercising its
option to purchase under the Agreement:
- Section 5.5
of the Agreement states that prior to exercising its option to purchase
the Carp Airport, the Purchaser will prepare a modified business plan and
submit same to us for review and confirmation that the form and content of
the modified business plan satisfies the provisions of the Agreement;
- Section 5.6
of the Agreement states that the Modified Business Plan will be a
prerequisite to the Vendor and the Purchaser entering into a Municipal Capital
Facility Agreement “MCFA”) and sets out the terms and conditions which the
Purchaser must comply with to the satisfaction of the Vendor; and
- Section 2.3 of the Agreement contains
conditions which the Purchaser must satisfy in order to exercise the
option, including without limitation, submitting an agreement of purchase
and sale that includes the terms set forth in Schedule “E” of the
Agreement, which Schedule includes an option in favour of the City to
repurchase.
On 24 June 2010, REPDO staff and WCD
representatives along with their respective legal counsel met to determine whether, and on what basis, this
matter could move forward. During
this meeting, WCD put forward its position that it believed it had exercised
its option to purchase the
REPDO staff advised WCD that there
would be a need to take this matter back to Council
from the City’s perspective and legal position for the following reasons:
- The
terms and conditions of the Agreement were based on Council authorities of
12 May 2004 and subsequent approval on 9 March 2005 as noted in Document 2
of this report;
- While
staff was delegated to finalize and execute the Agreement and subsequent amendments,
the provisions for a financial commitment for Phase 1 and for a repurchase
option in favour of the City are substantive Council approved conditions for
which WCD has yet not demonstrated compliance nor a willingness to comply;
- WCD
has also not complied with the conditions for exercising the option set
out in the Agreement that was finalized and executed under delegated
authority;
- The
option to purchase has expired and the Agreement is no longer valid; and
- Staff
cannot now unilaterally amend the Agreement conditions approved by Council
without further Council authority.
On 25 June 2010, WCD tendered to
close the transaction and the City’s legal counsel refused to accept this
tender because the tender documents were, in the City’s opinion, deficient and
returned the original tender documentation to WCD’s legal counsel and also
returned the original deposit cheque along with the original option exercise.
DOCUMENT 3
CARP AIRPORT
OPTION TO PURCHASE AND DEVELOPMENT AGREEMENT
CHRONOLOGY
March
14, 1997 -
January 1, 2001 - RMOC dissolved when local municipalities were amalgamated by the Province in 2001 and new City of Ottawa assumed ownership of the Carp Airport and RMOC interests in, obligations under, the Transport Canada Agreements;
July 11, 2001 - City Council provided authority to staff for initiating an expression of interest process for the planning, development, management, operation, and future ownership of the Carp Airport;
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2001/07-11/csed/ACS2001-DEV-BUS-0002.htm
July 2002 to
October 2002 -
Request for expressions of interest process undertaken;
October 11, 2002 - West Capital Developments (WCD) submitted an expression of interest document (1 of 4 received) for an aviation community with approx. 150 residential lots and an aviation business park including the airport facility with development to be served by communal water and wastewater systems ;
May 14, 2003 - City
Council authorized an agreement with WCD for the preparation, by WCD, of a
Business Plan, by November 1, 2003, for the planning, development, management,
operation and future ownership of the
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2003/05-14/csedc/ACS2003-CRS-RPR-0039.htm
October 31, 2003 - WCD submitted a business plan and further documentation dated
November 2003, all under confidential cover, to the City for consideration by
City Council at a meeting before the end of February, 2004; Plan provided for
development of 750 residential lots, 181 acre aerospace business park based on
ground leases and on 120 acres being developed in first 9 years (approx.
500,000 to 800,000 sq. ft. total building floor area), and an expanded airport
runway of 6000 ft. (ILS controlled) with the development to be served by full
municipal services extended form the Village of Carp.
February 25, 2004 - City Council did not approve the business plan as submitted by WCD
and instead directed staff to finalize negotiations with WCD to conclude an
option to purchase agreement including conditions for the planning,
redevelopment, expansion, future management, operation and ownership of the
Carp Airport based on modifications to WCD’s Business Plan;
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2004/02-25/csedc/ACS2004-CRS-RPR-0020.htm
May 12, 2004 – City Council approved terms and conditions for an Option to Purchase Agreement for the Carp Airport between the City and WCD;
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2004/05-12/csedc/ACS2004-CRS-RPR-0016.htm
May 31, 2004 - The City and WCD, based on the City Council authority of May 12, 2004, entered into an Option to Purchase Agreement for the Carp Airport dated May 31, 2004 (Option Period June 1, 2004 to May 31, 2005);
December 10, 2004 - WCD submitted a request to the City for an extension of the Option Period to February 28, 2006 and for amendments to the terms and conditions of the Option to Purchase Agreement dated May 31, 2004 based on modifications to the WCD’s Business Plan as set out in a Business Plan Summary dated, December 10, 2004 that provided for 280 residential units, a 187 acre aerospace business park (approx. 800,00 sq. ft. total building floor area), maintaining the existing 4000 ft. runway and construction of a new airport terminal building and FBO with the development being served by private water and wastewater services.
March 9, 2005 - City Council approved the amendments to the Option to Purchase and Development Agreement and, Council also approved conveying 0.3m reserves outside, and abutting, the Core Airport area to the Carp Airport Authority (CAA) with the reserves to be held in trust by the CAA in order to establish separate parcels for the Core Airport Area, Airport Accessory Residential Community, and Aerospace Business Park parts of the property,;
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2005/03-09/csedc/ACS2005-CRS-RPR-0010.htm
March 18, 2005 - The City and WCD, based on the City Council authority of March 9, 2005, entered into an amended Option to Purchase and Development Agreement for the Carp Airport (Option period extended to Feb 28, 2006);
September 20, 2005 - Plan showing 0.3m reserves around Core Airport Area deposited in Registry Office as Plan 4R-20588 based on a Survey completed on September 14, 2005;
September 29, 2005 - Trust agreement executed with Carp Airport Authority (CAA) transferring 0.3m reserves from City to CAA;
December 23, 2005 - WCD submitted applications, on the 23rd day of December
2005, to the City for planning and infrastructure approvals for WCD’s proposed
development, and WCD also provided a letter to the City requesting a further
extension of the Option Period until March 31, 2007;
(Note:
The Option Agreement, as approved by City Council, provides for an
extension of the Option Period if WCD makes a written request to the City no later
than sixty (60) days before the Option Period expires subject to the mutual
agreement of the City and WCD with respect to the terms and conditions of any
resulting extension);
December 31, 2005 - Option Agreement amended by City and WCD extending the Option period to the 31 day of December 2006 and providing for the City to grant to WCD a further extension of the Option Period until March 31, 2007 subject to the City and WCD establishing an operating budget for the Carp Airport for the period from January 1, 2007 until December 31,
2007 (the “2007 Airport Operating Budget”) in accordance with the provisions of the Management and Option Agreements and WCD agreeing to provide, and providing by December 31, 2006, to the City a further payment in an amount equal to the City’s net costs, if
any, as established by the 2007 Airport Operating Budget for the period from January 1, 2007 to March 31, 2007;
August 24, 2006
- Public consultation meeting held to outline subdivision plan and identify
servicing options under integrated subdivision / class environmental assessment
approvals process;
December 22, 2006 - Airport operating budget established for 2007 and no net City cost
identified for period from January 1, 2007 to March 31, 2007 and Option
Agreement then amended by City and WCD to extend the Option until March 31,
2007;
February 6, 2007 - Community information and consultation session held to outline
refinements to development plan and identify preferred servicing option plan
(329 residential units, 1,600,000 sq. ft. aerospace business park building floorspace with the residential units and 800,000 sq. f. of
business park floorspace being developed on communal
water and wastewater services and 800,000 sq. ft, of business park floorspace on private water and wastewater services
March 28, 2007
- Option Agreement then amended by City and WCD to extend the Option Period
from March 31, 2007 to June 30, 2007 on the basis that the planning approvals
process for the proposed development was nearing completion but might not be
completed before the 30th day of June 2007;
March to May 2007 - Draft Plan of Subdivision and Common Elements Condominium approval
conditions drafted by City’s Planning Branch based on preferred servicing
option plan.;
June
27, 2007 - City Council approves Zoning amendments for
http://ottawa.ca/calendar/ottawa/citycouncil/occ/2007/06-27/arac/ACS2007-PTE-APR-0127.htm
June 29, 2007 – WCD notified the City that as a result of appeals to the Ontario Municipal Board (the “OMB”) being filed by abutting property owners with respect to the planning approvals granted by the City for the WCD’s proposed development, WCD was electing to unilaterally extend the Option Period until the OMB rendered a decision as provided for in the Option Agreement;
July 31, 2007- December 20, 2007 - WCD advised the City that it had entered into an agreement with the appellants to withdraw the appeals to the OMB and the that the appeal matter would likely be settled by the OMB on, or before, 31st day of August 2007 (Note: formal notification received from OMB on August 27, 2007 that appeals withdrawn as of August 16, 2007 and, as a result, Draft Plan of Subdivision and Common Elements Condominium approvals/conditions were then in effect as of August 16, 2007) and approval letter issued by City on December 20, 2007.
August 15, 2007 to May 2010 - WCD and the City agreed that, before exercising its Option, WCD must incorporate all requirements resulting from the planning approvals process and related appeal resolution process for the WCD’s proposed development into a Modified Business Plan as required by the Option Agreement and the City and WCD then executed a series of further amendments to allow WCD to complete draft plan approvals process (up to November 2007) and then to obtain feedback from MOE on C of A requirements (to August 2009 first because of the involvement of Corix 2008 and then iDM in 2009 regarding communal wastewater system) and subsequently for due diligence to obtain financial commitment (to end of May 2010 - Slokker/Ballantry).
DOCUMENT 4
APPROVED DRAFT PLAN OF SUBDIVISION (Sheet 1)
APPROVED DRAFT PLAN OF SUBDIVISION (Sheet 2)
DOCUMENT 5
CARP AIRPORT - LAND USE PLAN
March 2005
DOCUMENT 6
CARP AIRPORT - LAND USE PLAN –
December 2007
