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HomeMy WebLinkAboutEGD-37-06 Addendum Cl~gron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday October 16, 2006 Report #: Addendum #1 to EGD-37 -06 File #: Resolution #: C -LjY1-cfo By-law #::;{C00- ~b8 Subject: SERVICING AGREEMENT FOR BASELINE ROAD WORKS- BOWMANVILLE CREEK DEVELOPMENTS INC. (THE TORGAN GROUP) RECOMMENDATIONS: 1. THAT Addendum #1 to EGD-37-06 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Servicing Agreement with Bowmanville Creek Developments Inc. (The Torgan Group) and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA) for the road and road related works on Baseline Road required as a condition of site plan approval for the site development on the south side of Baseline Rd east of Waverley Road; 3. THAT Council approve the by-law attached to Addendum #1 to Report EGD-37-06 to confirm its decision to enter into the Servicing Agreement with Bowmanville Creek Developments Inc. and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA); and 4. THAT Bowmanville Creek Developments Inc. and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA) be notified of Council's decision and that the Servicing Agreement be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Respectfully by, Submitted by: A. S. Cannella Director of Engineering Services ASC/LJB/dv October 12,2006 REPORT NO.: ADDENDUM # 1 to EGD-37-06 PAGE 2 u~-~ Reviewed by: Franklin Wu Chief Administrative Officer REPORT NO.: ADDENDUM # 1 to EGD-37-06 PAGE 3 1.0 BACKGROUND 1.1 Bowmanville Creek Developments Inc. (BCDI) (the Torgan Group) is currently finalizing the Site Plan Approval for the site located on the south side of Baseline Road east of Waverley Road. 1.2 As one of the conditions of Site Plan Approval, BCDI must construct certain road and road related works on Baseline Road to facilitate their development. The works include the widening of Baseline Road to three lanes from Waverley Road to Spry Ave. (then tapering to two lanes at the Bowmanville Creek Bridge), utility relocation, curb and gutter work, storm sewer connections, sidewalks, entrances, line painting and new traffic signals at Spry Ave. all within the Baseline Road road allowance. All works will be constructed at 100% cost to the Developer. 1.3 RONA has advised the Director of Engineering Services that it wishes to be a party to the Servicing Agreement which is in the interest of the Municipality. Accordingly, it is recommended that the Mayor and Clerk be authorized to enter into a Servicing Agreement as outlined in Report EGD-37-06 with Bowmanville Creek Developments Limited and the Laurentian Bank of Canada and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA). 2.0 CONCLUSION Staff recommend that the Municipality enter into a Servicing Agreement with Bowmanville Creek Developments Inc. and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA), once the Agreement has been prepared to the satisfaction of the Director of Engineering Services and the Municipal Solicitor. REPORT NO.: ADDENDUM # 1 to EGD-37-06 PAGE 4 Attachments: Attachment 1 - By-law authorizing the Mayor and Clerk to execute a Servicing Agreement between the Municipality and Bowmanville Creek Developments Inc. (The Torgan Group) and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA) for road and road related works on Baseline Road east of Waverley Road List of Interested Parties: Bowmanville Creek Developments Inc. 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA) ATTACHMENT NO.: 1 REPORT NO.: ADDENDUM # 1 to EGD 37..06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON " BY-LAW NO. 2006-XXX Being a By-law to authorize the execution of a Servicing Agreement between the Corporation of the Municipality of Clarington and Bowmanville Creek Developments Inc. and 220 Real Estate Lim~ed Partnership/Societe En Command~e 220 Immobiliere (RONA) for the purpose of constructing road and . road related improvements on Baseline Road east of Waverley Road. WHEREAS the Council of The Corporation of the Municipal~ of Clarington has approved the recommendations of Addendum #1 to Report EGD-37 -06, including the recommendation that the Corporation of the Municipal~ of Clarington enter into a Servicing Agreement w~h Bowmanville Creek Developments Inc. and 220 Real Estate Lim~ed Partnership/Societe En Command~ 220 Immobiliere (RONA) for the purpose of constructing traffic signals, road improvements and related services. NOW THEREFORE the Council of the Corporation of the Municipal~ of Clarington hereby enacts as follows: 1. The Mayor and Clerk are hereby authorized to execute a Servicing Agreement between the Corporation of the Municipality of Clarington and Bowmanville Creek Developments Inc. and 220 Real Estate Limited Partnership/Societe En Commandite 220 Immobiliere (RONA). BY-LAW read a first and second time this 16t" day of October, 2006. BY-LAW read a third time and finally passed this 16"' day of October, 2006. John Mutton, Mayor Patti L Barrie, Municipal Clerk