HomeMy WebLinkAboutAdmin-26-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: COUNCIL
Date: AUGUST 12, 1996
Report #: ADMIN MIN ,Fk#:
Subject: MARKBOROUGH SHOPPING CENTRE LANDS
Recommendations:
File # �G
Res. #
By -Law #
It is respectfully recommended that Council approve the
following:,
1. THAT Report ADMIN -26-96 be received;
2. THAT the recommendations contained in the letter dated
August 12, 1996, from the Municipality's Solicitor, and
attached to Report ADMIN -26-96 as Schedule "A", be approved;
and
3. THAT the By-law attached to Report ADMIN -26-96 be approved.
Respectfully submitted
W.H. Stockwell
Chief Administrative Officer
wxs/ms
Attachments
RECYCLED PAPIER.
PAPER RECYCLE
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AUG 12 `96 1115 CHERNOS, CONWAY P.2/3
SUR DULE "A" To RUORT ADMIN-26-96
_ TelWhmw {41 df 303-244;
FIa1WmNe (410) 383-34M
DENNIS C H EFFERON
SAMWTIRS & SOLICKORS o 200
130 Adol" Str W W",t
TOPONTOf ONTARIO
MON 3PS
TDX Box 119
August 12, .1996
9Y FAX
r Mr. W,,H. Stockwell
Chief AdrnJnistrative Officer
Municipality of- Clarington
40, Temperance Street
' wrmnv1He:, * Ontario
• �:"i� 3A8
Dear Mr... Stodkwell:
Fie: Drat Subdivision Agreement between The Municipality of clarington and
X23428 Ontario Inc., 838038 Ontario Inc. and Royal Bank of Canada
WwWorough Shopping centre Lands)
The above Agreement is intended to replace the executed Servicing
Agreen-w6t between the Municipality and the owners that is dated May 24;
1994. The: Subdivision Agreement is required by the Order of the Ontedor
Municipal Board dated February 23, 1996 as a conditimn of the consent granted
by the Sda,rd to sever the Markborough Shopping Centre Lends from the larger
lend holdings of 829426 Ontario Inc. and 836038 Ontario Inc.
In negotiating the terms of the Subdivision Agreement the owners
requested, that the Subdivision Agreement contain the lollowino provisions which
very those contained in the existing Servicing Agreem' ent:
1. The existing Servicing Agreement provides that the Green Road and
Hkghway No. 2 Street Lighting and Sidewalk Contributions (in the
amounts of $79,501.00 and 4 2 2, 89440, respective.1y) be paid to
the Municipality when notice requiring payment is given to the
companies by the Director of Public Works, Other contributions
and security with the exception of those related to the Urbanization
' of Highway No. 2 are required to be deposited with the
Municipality prior to the issuance of a Ouilding permit for one or
more buildings comprising the proposed retail shopping centre. The
r AUG 12 '96 11:16 CHERN05,CONWAY P•3/3
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owners have requested that the Subdivision Agreement amend their
obligation under the existing Servicing Agreement so as to defer ;
the time of payment until the issue of a building permit for one or
more buildings in the Shopping Centro. This request is not
unreasonable and, l understand is acceptable to the Director of
Public Works. Accordingly, I recommend it be approved by
Council.
2. At present development charges are not payable in respect of
commercial or industrial development in the Municipality. The
owners have requested comfort that development charges will not
be imposed with respect to their proposed commercial development
for the balance of the terra of the present Council. ' Again, their
request is not unreasonable and I recommend that it be granted.
S. The existing servicing Agreement providOs for a walkway width of
6 metres. The owners have requested that this be reduced to a
minimum of 4 metres. Portions of the walkway will be Crider and
will be shown on the site plan. I understand that this amendment
is acceptable to the Director of Planning and Development, I
recommend that the owners' request be' granted.
4. The owners request that the existing - Servicing Agreement be
terminated when the Subdivision Agreement is registered on title.
Since the two Agreements largely overlap, their request is not
unreasonable. I recommend that it be granted. ;
If Council adopts my recommendations, it would be advisable for Council
to pass a. further authorizing by-lav amending the previously authorizing By-law
No. 54-7.6 to give effect to the recommendations contained in this letter,
Yours• truly,
• 5
Denote C. Hgfferon
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