The URL can be used to link to this page

Home My WebLink AboutWD-15-94- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~~~~~~~~~1~~ REPORT p , r Meeting: ..GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# /,~. /~i~ t~0~~~`i" Date: MARCH 7, 1994 Res. #(~a-~ -}~_~ ° ~'~ By-Law #_~~ Report#: wn-~~-aa File#: n-0~-dg-003 Subject: WILLOWBROOIC GARDENS SUBDIVISION, PLAN 40M-1676, COMPLETION OF ALL OUTSTANDING WORRS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-15-94 be received; 2. THAT the Municipality enter into an Agreement with the Royal Bank of Canada respecting the completion of the outstanding Works in Willowbrook Gardens Subdivision (Plan 40M-1676} in a form satisfactory to the Director of Public Works which Agreement shall include the undertaking of the Royal Bank of Canada as follows: a) To acknowledge the propriety of the actions taken by the Municipality and its officials in appropriating funds under the Letter of Credit. b) To pay, on presentation of appropriate invoices, all reasonable legal and consulting costs or miscellaneous costs (i.e. snowclearing, snowfence) incurred or to be incurred by the Municipality as a result of the default of Ashdale Capital Corporation Ltd. in completing the works as required by the Subdivision Agreement. c) To pay all progress payments required by the construction contract or contracts entered into or to be entered into - 1001 o... ~®A~.~.E REPORT NO.: WD-15-94 PAGE 2 by the Municipality for the completion of the works required by the Subdivision Agreement, forthwith, after presentation to the Royal Bank of Canada of a true copy of appropriate certification of completed work made by the Consulting Engineers to such construction contract or contracts. d) To consent to the following payments: i) West Branch Soper Creek contribution: $132,400.00 ii) Snow clearing costs: 2,824.80 iii) Consumers Gas invoice: 3,216.12 iv) Shibley Righton 4,188.74 v) Municipality of Clarington Management Fee 110,800.83 e) To indemnify and save harmless the Municipality from any and all claims made pursuant to the Construction Lien Act in respect of the supply of labour, services and material to date under the requirements of the Subdivision Agreement, including but not limited to those claims made by Cana-Drain, Pilen and Direct Equipment, provided that the Royal Bank of Canada, at its cost, may obtain an order or orders of a court of competent jurisdiction dismissing any one or all of such claims as against the .Municipality and provided that the Municipality will co- operate at the cost of -the Royal Bank of Canada in obtaining any such order or orders. f) To obtain and deliver all engineering drawings prepared by G. M. Sernas and Associates Ltd. respecting the works and the benefits of all rights associated with such drawings. _ 1002 REPORT NO.: idD-15-94 PAGE 3 g) To pay the Clarington Hydro invoice in the amount of $192.65. h) To indemnify and save harmless the Municipality from the Bell Canada claim provided that the Royal Bank of Canada, at its own cost, may defend such claim. i) To deliver an unconditional and irrevocable letter of credit issued by the Royal Bank of Canada and containing terms satisfactory to the Municipal Treasurer in the minimum amount of $1,033,251.43 as security for the performance by the Royal Bank of Canada of its obligations. j) To comply with property standards order (File No. V93/414) issued on December 2, 1993, and notice to comply (File No. V93/414) issued on October 25, 1993; 3. THAT the Mayor and Clerk be authorized to execute the necessary Agreement with the Royal Bank of Canada; 4. THAT Ashdale Capital Corporation Ltd. and the Royal Bank of Canada be advised of Council's decision and be provided with a copy of Report WD-15-94; and 5. THAT, upon the execution of the Agreement with the Royal Bank of Canada and deposit with the Municipality's Treasurer of the Letter of Credit required pursuant to the Agreement, the Municipality's Treasurer be authorized to make payment to the Royal Bank of Canada in the amount of approximately $1,640,758.34, subject to updated figures, as determined by the Director. 1003 . 3 REPORT HO.: WD-15-94 PAGE 4 REPORT 1.0 ATTACHlIBNTS No. 1: Rey Map No. 2: Correspondence, dated November 10, 1993, from the Municipality's solicitors to the Royal Bank of Canada's solicitors. No. 3: Correspondence, dated November 25, 1993 from the Royal Bank of Canada's solicitors to the Director of Public Works. No. 4: Property Standards Order, dated December 2, 1993 No. 5: Correspondence, dated December 15, 1993, from the Royal Bank of Canada to the Municipality's By-law Enforcement Officer. 2.0 BACRGROIIND 2.1 Pursuant to the recommendations contained in Report WD-27-93, adopted by Municipal Council at its meeting held on July 12, 1993, the Director of Public Works issued a final notification letter to Ashdale Capital Corporation Ltd. notifying it of its default, neglect, act or omission in failing to complete the construction or installation of the Works pursuant to the Subdivision Agreement. with the Municipality. Ashdale Capital Corporation Ltd. failed to comply with the final notification letter. Again, in accordance with the recommendations contained in Report WD-27-93, the Treasurer of the Municipality presented Letter of Credit (P.26010T06206) deposited with the Municipality in respect of the construction and maintenance of the Works and other obligations provided for in the Subdivision Agreement, for payment at the issuing bank. 2.2 The Municipality was approached by the Royal Bank of Canada which was the issuing bank of the Letter of Credit. Discussions were held with the. Royal Bank of Canada Officials ~VU~ REPORT NO.: WD-15-94 PAGE 5 and their solicitors to determine whether any portion of the money received by the Municipality from presentation of the Letter of Credit could be returned to the Royal Bank of Canada in return for the undertaking of the Royal Bank of Canada to complete the outstanding Works pursuant to the Subdivision Agreement. By letter dated November 10, 1993, from the Municipality's solicitors to the Royal Bank of Canada's solicitors a proposal was made whereby the amount of $1,640,758.34 could be returned to the Royal Bank of Canada upon their undertaking on the matters set out in the letter and which matters -are reflected in the recommendations contained in this Report (Attachment No. 2). The actual .amount will reflect the recent completion of some of the Works. and additional invoices, and will be as determined by the Director. 2.3 By letter dated November 25, 1993, solicitors for the Royal Bank of Canada agreed to the required undertakings on behalf of the .Royal Bank of Canada (Attachment No. 3). 2.4 During the course of the negotiations with the Royal Bank of Canada the By-law Enforcement Division of the Municipality issued a Notice to Comply (File No. V93/414) on October 25, 1993, and an Order (File No. V93/414) issued on December 2, 1993, pursuant to the Municipality's.Property Standards By-law (Attachment No. 4). By letter dated December 15, 1993, the Royal Bank of Canada indicated it would take the necessary steps to rectify the Notice and the Order (Attachment No. 5). To date these matters have not yet been attended to. 2.5 .The Municipality has entered into a similar arrangement with the Royal Bank. of Canada respecting the Trulls Delbert Subdivisions and the undertakings of the Royal Bank of Canada pursuant to that arrangement are currently being carried out to the satisfaction of the Director of Public Works. If a 1005 REPORT NO.: WD-15-94 PAGE 6 similar arrangement is entered into with the Royal Bank of Canada in respect of the Willowbrook Gardens Subdivision, it is anticipated that such arrangement will also be completed to the satisfaction of the Director of Public Works. If such arrangements are not conducted satisfactorily then the. Director of Public Works may report to Council requesting authority to draw on a Letter of Credit required to be deposited with the Municipality's Treasurer pursuant to such arrangements with the Royal Bank of Canada. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. Director of Public Works WAE*ph February 8, 1994 Attachments Marie Marano, H.B.Sc., AMCT Acting Chief Administrative Officer pc: Ashdale Capital Corporation Ltd. c/o Jaffey & Jozefacki 4961 Highway 7E , Suite 200 Markham, ON L3R 1N1 Royal Bank of Canada Regional Corporate Centre 40 King Street. West, Suite 800 Oshawa, ON L1H lA4 Walker Head Barristers and Solicitors 1305 Pickering Parkway Suite 506 Corporate Centre Pickering, ON L1V 3P2 '~ ILLOWBROOK BD V/SION 4 1 76 w ~- w w Q cn 0 Q m STREET KEY MAP Q z Q w '~ ~I I C:\ATTACHS\ SU BD\WILLOW DRAWN BY: JM DATE: JUNE 1993 ATTACHMENT N0. 1 I D-15-94 8.~1,~. o y Shibley Righton Barristers & Solieltors RICHARD E SHIBLEY, Q.C. DENNIS C. NEFFFRON BARRY S. WORT IlfAN, Q.G JOHN P. HELL V. ROSS MORRISON IOHN C. SPEARN PAUL E MdNMS IONATNAN H. FLANDERS WILLIAM L NORTHCOT'E PETER V. RAYTEK MARTW J. NEND[RSON RICHARD E COIFS CHARLES M. GASIIE CHARLES G.T. WIEBE LEONARD D. RODNESS ]ANTS E WGRAM THOMAS MCRAE CRAIG A. LEWIS RUPERT F. RIGNTON, Q.C. DONALD K ROHINSON, Q.C. LESLIE S. MASON MICHAEL FDZPATRICK, Q.C. LNDA S.HOHNEN MICHAEL C. HIRLEY PETER G. NEILSON CHARLES SIMCO LAME ROSSITER J. JAY RUDOIPH NICHOLAS T. MACOS MARTIN PETERS PHILIP P. HEAIFY 1. PAUL R HOWARD SANDRA E DAWE GHRISIJNE M. SILVERSIDE JAMS W. BUSSIN JULIE A. MACIVRA HAROLD H. ELLIOTT, O.C RICHARD E ANKA, QC. DEZ WINDISCHMANN GEORGE CORN AUN L BROMSIFJN PETER C. WILLIAMS CLIF4VRD 1. CO[J? THOMAS A. SIEFANIK HELDER M. TRAVASSOS crn-niw J. GuNN WARREN 5. RAPOPORT AL[XANDER P. TORGOV SHEIU M. MacKINNON WADE D. JAMIESON LINDA 1. GODEL SALVATORE GY. FRISINA KAREN 1. McMAS18R J[NNIFER L PERRY COUNSEL MARTIN L O'BRIEN, Q.C. BARRY D. LIPSON, Q.C. November 10, 1993 File No. 9101936 NICHOI we T. MACOS RFFPPHON: (41~ 36J -4381 VOICEMAIL (416) 365 -3425 E)rIFNSIQN Lib FAX: (~l~ 3GJ - 6i3H BOX J2-401 BAY SrREEr 70AON10, CANADA MSN 2Z1 surrE 1880 TI1E SIMPSON TDWER ao3 WITHOUT PRE.TUDICE Messrs. Walker, Head Banisters and Solicitors 1305 Pickering Parkway Suite 506, Corporate Centre Pickering, Ontario L1V 3P2 Attention: Mr. Victor A. Sgro Deaz Sirs: ,_,.;~ X24 __.._..._ " ' ._ ------ --''.._J Re: The Corporation of the Municipality of Clarington (the "Municipality") Subdivision Agreement (the "Subdivision Agreement") with Ashdale Capital Corporation Ltd. ("Ashdale") Registered Plan 40M-1676 We wish to confirm that we held without prejudice meetings on September 10, 1993 and on October 19, 1993 to address the concerns raised by Royal Bank of Canada ("RBC") through its solicitors Walker Head that the amount of money drawn by the Municipality on Letter of Credit P26010T06206 (the "Letter of Credit") was in excess of the amount required by the Municipality to complete the outstanding works under the Subdivision Agreement. We must stress at the onset, it is the position of the Municipality that the appropriation of funds has been made in accordance with the terms of the Subdivision Agreement and that there is a continuing default on the part of Ashdale in that it has failed to complete the works and to forthwith reinstate the full amount of the performance guarantee as required by paragraph 3.7(1) of the Subdivision Agreement. ATTACHMENT N0.2 ~ ~~ ~ WD-15-94 Page 2 As to the allegation that the amount appropriated was excessive we wish to advise you of the following amounts for which the Municipality had actual or contingent liability pursuant to the Subdivision Agreement: 1. Estimated costs to complete the works including reconstruction of Bradshaw Street - $1,000,000.00 2. West Branch Soper Creek Contribution $132,400.00 3. Potential claims for construction lien: a) Sernas $43,000.00 b) Cana-Drain Services Inc. $200,000.00 c) Pilen $7,103.00 d) Direct Equipment $4,727.00 Total $254,830.00 Plus 25% for costs $63,707.50 Total $318,537.50 4. Bell Canada claim $1,754.45 5. Clarington Hydro $192.65 6. Bradshaw Street Easement acquisition unknown 7. Ashdale Holdings sidewalk lands acquisition unlmown As you can see from the foregoing figures and contingent expenditures, at the time the Municipality appropriated funds under the Letter of Credit, it was fully justified in drawing the full amount thereof. Subsequent settlement by RBC with Sernas and Associates, Consulting Engineers to Ashdale has permitted the Municipality to obtain accurate and detailed estimates of the works completed to date and the works which remain outstanding together with valuations of each. These valuations in 1993 costs are $1,586,945.38 and $652,062.88 respectively. The latter figure escalated by five (5%) percent- as a projection for 1994 costs is $684,666.03. The estimated costs to complete include five (5%) percent for contingencies, ten (10%) percent engineering costs and seven (7%) percent G.S.T. Additionally, the Municipality requires a completion allowance of $116,340.87 and a maintenance deposit of $202,244.53. I~ J Page 3 RBC has expressed a concern about the thirty (30%) percent management fee to which the Municipality is entitled pursuant to paragraph 5.17(1) of the Subdivision Agreement. Specifically RBC surmises that the Municipality's actual costs will be less than such percentage of the cost to complete. In response we wish to point out that supervisory fees in the construction industry are commonly based on a percentage mark-up and not upon an actual cost basis. Additionally the Municipality is not organized on an on-going basis to track the time spent by its officials and employees on specific matters. Further the Municipality has not sought to manage the completion of the works but rather has been put in this position with respect to the incomplete Willowbrook Subdivision after prolonged default by Ashdale. Ashdale's default in continuing to complete the work has been known to RBC. Also the requirement of the Director of Public Works that the works be completed on or before August 13, 1993, I was advised, was also known to RBC. Having regard to the recent initiatives by RBC to assist the Municipality in the completion of the works, the Director of Public Works is prepared to interpret the thirty (30%) percent management fee set out in paragraph 5.17(10) of the Subdivision Agreement as inclusive of engineering costs provided that it is without prejudice to the rights of the Director to make a different interpretation of this provision in respect of defaults under other subdivision agreements. As engineering costs have been accounted for above, this interpretation results in a specified management fee of twenty (20%) percent which percentage will be based, in this instance, upon the estimated cost to complete exclusive of contingencies, engineering and taxes. This results in a management fee of $110,800.83. An alternative interpretation of the provision would permit a management fee of $205,399.80. Having regard to the foregoing factors, the Director of Public Works is prepared to recommend to Municipal Council that a substantial portion of the funds currently held by the Municipality pursuant to appropriations under the Letter of Credit returned to RBC if RBC undertakes as follows: 1. To acknowledge the propriety of the actions taken by the Municipality and its officials in appropriating funds under the Letter of Credit. 2. To pay, on presentation of appropriate invoices all reasonable legal and consulting costs or miscellaneous costs (ie. snowclearing, snowfence) incurred or to be incurred by the Municipality as a result of the default of Ashdale in completing the works as required by the Subdivision Agreement. 3. To pay all progress payments required by the construction contract or contracts entered into or to be entered into by the Municipality for the completion of the works required by the Subdivision Agreement forthwith after presentation to RBC of a true copy of appropriate certification of completed work made by the Consulting Engineers to such construction contract or contracts. ~(1~~) .• - .-. i. ~ `~ .3 Page 4 4. To consent to the following payments: a) West Branch Soper Creek contribution $132,400.00 b) Snow clearing costs $2,824.80 c) Consumers Gas invoice $3,216.12 d) Shibley Righton $4,188.74 e) Municipality of Clarington Management Fee $110,800.83 5. To indemnify and save harmless the Municipality from any and all claims made pursuant to the Construction Lien Act in respect of the supply of labour, services and material to date under the requirements of the Subdivision Agreement including but not limited to those claims made by Cana-Drain, Pilen and Direct Equipment, provided that RBC at its cost may obtain an order or orders of a court of competent jurisdiction dismissing any one or all of such claims as against the Municipality and provided that the Municipality will cooperate at the cost of RBC in obtaining any such order or orders. 6. To obtain and deliver all engineering drawings prepared by G.M. Sernas and Associates Ltd. respecting the works and the benefits of all rights associated with such drawings. 7. To pay the Clarington Hydro invoice in the amount of $192.65. 8. Indemnify and save hazmless the Municipality from the Bell Canada claim provided that RBC at its own cost may defend such claim 9. To deliver an unconditional and irrevocable letter of credit issued by RBC and containing terms satisfactory to the Municipal Treasurer in the minimum amount of $1,033,251.43. Upon receipt of the undertakings from the RBC as set out above and in a form satisfactory to the Director of Public Works, the Director of Public Works will recommend to Municipal Council that the amount set out below and calculated as follows be returned to RBC. Total amounts drawn under the Letter of Credit: a) $1,835,055.05 ~~~~ ,. ~. i Page 5 b) c) Total Less total of invoices paid or to be paid Less management fee Less West Branch Sopher Creek contribution Amount to be returned to Royal Bank of Canada $57,939.73 1 194.05 $1,894,188.83 $10,229.66 $110,800.83 $132,400.00 $1,640,758.34 Please provide us with a letter from Royal Bank of Canada or by your firm on its behalf committing Royal Bank of Canada to the required undertaking. Upon receipt of such letter the appropriate report may be prepared and placed on the agenda for the next scheduled general purpose and administration committee meeting. Depending upon when and if approval of this proposed arrangement is given, the Municipality may be required to make ongoing payments for construction or engineering of the works. RBC has also expressed an interest in obtaining payment which otherwise benefits Ashdale for contributions from other developers in the benefitting area in respect to oversizing works installed by Ashdale. In this regard, it is an requirement under the Subdivision Agreement that the Owner enter into a Frontending Agreement with the Municipality pursuant to the Development Charges Act prior to any such contributions which have been collected by the Municipality being paid to Ashdale. You have made us aware in the past that RBC has received an assignment of benefit of such contributions from Ashdale. Has RBC received an assignment of the Subdivision Agreement which can be evidenced and which may permit RBC to enter into a Frontending Agreement directly with the Municipality? Otherwise is RBC in a position to require Ashdale to enter into such agreement with the Municipality? Yours truly, SHIBLEY RIGHTON Per: ORIGINAL SIGNED l3Y NICHOLAS T. NG.C~S Nicholas T. Macos NTM/kh ¢ Ms. Marie Merono Mc W@<r Ehvc / Mr. Dewtis HeR<mo 7U~~ _ L'ICr 1\1 Ill Vll 'LL VV uV Li TL JI11 -y I\I _'1 ~V11 L V'JVLVTL VJ •- ~.. ~. /~ NJ~J-29-i9\.33 ~5~4i FR(''~~ y70 1~ ~ 3f~S1717 P.F3"r_' ~, ~, ~a L 1 1 . j~A1.KER ~pA~~~,.~ ~EAD A a10LIG'r4~+14 13~ piC1C0TUlg p8t~'W,1Y s~ s»6, ~~~ ~~.~ Pickering, Qac. I,1V 3P2 rickeriag: c9as} 839.4484. Whitby: (903} 683-3464. Fex:Z903} 420.1075 n2s7.ttraltl~- ttsr F~xmis Wr!litlxt F. Walker Af~dael N' Heads '~tl°" R' R""'seu Mr . Ni ehol4l6 T. Maevs ViCMrA.Sgro 8hibley Afg:htan radd~,R~w,a~ Barristers & 8allcitora a n„~•l~I~;,.s Hot 32 Qfll liay street AndrewA.Fatler Toranto, Ontario M68 2Z1 November 25, lflfl3 Dear Mr. Mauoa: RSs 1WYA1, BaIQB OP CAT.EPIt]M!, dtt~"iALE L0~ 7 1fir1 COlipt~ElTI(ali LTC. AIi]? 7SB CTIQI t>F THE i10I~i1C2PALI77t OF CI.AHIIip'1C~T - Itlg(IIti97B6c1tD PL411~ EUaiI-1t37tl 'I'ltla letter will confirm the undersigned's telephone dlaeuasion with you on November 23, 1493, wherein the anderaigned confirmed that Royal Sank of Ganada is prepared to Fravide you with the undertaking as set forth on pages 3 and 4 of year letter to the undersigned dated November I0, 1485, provllaed that ;+dunielpai Cauaatl (Claringtan) approves of the return of maples to ~SoysI Hank of Gsnsda in aecordanae with pages 4 and 5 of ydnr aforesaid letter. 1Ve look forward to hearing from you. Yours very truIS, YAS/ss r_r.: Royal Sank of Canada &.W. Lawrmnae {by faeaimile) ~ ~ i~~ y ~~__~ ~~a p a l E M O B e w r !G•.titled M We 4rv1 Soctan <If L~nxt,r Cimrnin rl, n .Qrlwriri!!.r fn rdwf lleigss[!nn WAL ~,,,...r-----~----~ !c a A. Sitro r U I ~ ATTACHMENT N0. 3 WD-15-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW ENFORCEMENT DIVISION ORDER PURSUANT TO SECTION 31(7) OF THE PLANNING ACT 1983 Issued To: Municipal Address: Ashdale Capital Corp. 33 Flaxman Avenue c/o Jaffey & Jozefacki ~ BOWMANVILLE, Ont. 4961 Highway 7B, Suite 200 MARKHAM, Ont. Legal Description L3R iNl Part Lot 33, Plan 40M-1676 former Town of Bowmanville Municipality of Clarington OWNER: Aahdale Capital Corp. Instrument No. 164854 WHEREAS a Notice of Violation was sent to you as the owner or a person having a financial interest in the property by registered mail on October 25, 1993 requiring you to make repairs to the property described above; AND WHEREAS you failed to remedy the defects set out in Schedule "A" which is attached hereto and which forms part ofthis Order; IT IS HEREBY ORDERED THAT the repairs necessary to correct the defects set out in Schedule "A" be carried out and the property brought to a condition of compliance with the standards prescribed by Property Standards By-law #82-63 on or before December 23, 1993. IT IS FURTHER ORDERED THAT if the repairs or clearance of the site are not completed in accordance with any permits required by law within the time specified herein, the Corporation may carry out the repairs or clearance at the expense of the owner. YOU ARE HEREBY ADVISED THAT if you are not satisfied with the terms or conditions of this Order that you may appeal to the Property Standards Committee by sending a Notice of Appeal by registered mail to the Secretary, Property Standards Committee, 40 Temperance Street, Bowmanville, on or before December 16, 1993, stating your grounds for appeal. In the event that no appeal is taken, within the above prescribed period, the Order shall be deemed to be confirmed and shall be final and binding upon you, requiring you to comply with its terms within the time and in the manner specified in the Order. Be advised, all repairs and maintenance of the property shall be carried out with suitable materials in a manner accepted as good workmanship in the trades concerned. FILE V93/414 ISSUED ON: DECEMBER 2, 1993 SERVED BY: Registered Mail PROPERTY STANDARDS OFFICER DATE: DECEMBER 2, 1993 Leonard Creamer P.S.O. Witness Senior Municipal Law Enforcement Officer ATTACHMENT N0. 4 WD-15-94 ~.U~~ j r r THE CORPORATION OF THE M[TNICIPALITY OF CLARINGTON BY-LAW ENFORCHMEPT DIVISION PROPERTY STANDARDS BY-LAW B2-63 SCHSDIILE "A" pILE NO VQ~/414 Number ection 1 ~ 5.1.1(1) 2 5.1.5 Deficiency Yazd not kept clean and free from rubbish and debris; (property to be cleaned of all garbage and waste material). Abandoned building not protected against risk of fire, accident or other danger and not effectively secured to prevent unauthorized entrance; (the building has been abandoned for several years and has been boarded up and broken into several times, there has been no attention to regular maintenance, building is to be demolished). lUlS DE.C 15 '93 16 23 R. B.CORP.CENTRE i R.W. (SOB) LAWCiENCE Sr. Accouat ~~fanager Rtal Estate P.G,2 ~ ROYAL L3,AN K ROYAY, BANK OF CANADA Regional Corporate Ceatre 40 K.igg Street West, Suite S00 Oshawa, Ogrario T.1H lA4 Transit 08556 (905) 436.7197 Fax: (905) 436-7347 December 15, 1993 Via Fax (905)623-4169 Municipality of Clarington g0 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Leonard Creamer, PSO Senior Municipal Law Enforcement Officer Dear sirs: RE': Town of Newcastle Property Standards By-Y,aw 82-E.3 Tower of Newcastle Waste Material By-Law 90-160 Block 87, 88, 89 & 100, Plan 8014-1878 Your Files: V93/143 & V93/Z44 Section 3I (7) Of the Planning Act 1983 Property Standard By-Law 82-63 Your File Number V93f414 We are writing at this time to confirm our telephone conversation at which tame we advised that the Royal Sank world take the necessary steps to remedy the defects set out in the Schedule ~t.tl" submitted to Ashdale Capital Corporation Limited dated December 2, 1993, as well as your Notice on File V93/414 issued ort October 25, 1993. We would also ensure that repairs and clearance of the site will be completed in accordance with any permits required by law. We trust this meets with your satisfaction, however, it there are any questions, please do not hesitate to contact the undersigned. Yours truly, r~~ ~r =C .. -'' ~ .> '~ -~- " J i?WL/jd ~L)16 ATTACHMENT N0. 5 WD-15-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to authorize the execution of an Agreement between the Corporation of The Municipality of Clarington and the Royal Bank of Canada. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of The Corporation of The Municipality of Clarington and seal with The Corporation's seal, an agreement between the Royal Bank of Canada and the Municipality. 2. THAT the agreement attached hereto as Schedule "A" forms part of this By-law. BY-LAW read a first and second time this 14th day of March, 1994. BY-LAW read a third time and finally passed this 14th day of March, 1994. MAYOR CLERK I u I / i