FINANCE & ADMINISTRATIVE COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Catherine M. Conrad, Town Solicitor
	PREPARED BY:	Lynn Handsor, Legal Administration Clerk
	DATE OF MEETING:	April 19, 2004
	SUBJECT:	Partial Release of 1985 Site Plan Control Agreement with IBM Canada Limited – Golf Course Club House Part of Lots 5, 6 & 7, Concession 8, Markham Legal File No.: 806-84-5

RECOMMENDATION:

THAT a by-law be enacted authorizing the Mayor and Clerk to execute the necessary partial release of a Site Plan Control Agreement between the Town and IBM Canada Limited over lands legally described as Blocks 283 and 285, Plan 65M-3133, Blocks 150, 151 and 152, Plan 65M-3134 and Block, 67, Plan 65M-3525, in a form satisfactory to the Town Solicitor.

PURPOSE:

To obtain authority to execute a partial release of a Site Plan Control Agreement entered into in 1985 between the Town and IBM Canada Limited.

BACKGROUND:

On July 12, 1985, the Town entered into a Site Plan Control Agreement with IBM Canada Limited for the purpose of constructing an addition to an existing club house facility on what was originally known as the IBM Country Club in the 14^th Avenue and 9^th Line area. This Agreement was registered on title to Part of Lots 5, 6 and 7, Concession 8, using the old metes and bounds legal description of the entire golf course on November 12, 1985 as Instrument No. 383420.

The IBM Country Club has subsequently been redeveloped by Minto (Markham) Limited and Markham Glen Inc. into various residential plans of subdivision with the valleyland area being conveyed to the Town for the purpose of a golf course and club house. Since this Agreement was registered on the entire golf course and prior to the various residential plans it is encumbering title to the following Blocks which the owners' solicitor is requesting a release for:

Blocks 282 and 285, Plan 65M-3133

Blocks 150, 151 and 152, Plan 65M-3134

Block 67, Plan 65M-3525

FINANCIAL CONSIDERATIONS:

None

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Department has circulated this request to the Engineering, Planning, Urban Design, Zoning and the Fire Departments and has been advised by all that there is no objection to providing the partial release of the Site Plan Control Agreement for the Blocks mentioned herein.

ATTACHMENTS:

None.

Catherine M. Conrad, Town Solicitor

Q:\Exec Office\Legal\REPORTS\Reports 2004\IBM SPCA partial rels.doc