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HomeMy WebLinkAboutWD-44-94` \/, THH ~ } REPORT Cr f ~ I. File # Fes) . C t=. Meeting: COUNCIL Res.# C° 9~G-G4 Dater July 18, 1994 By-Law # Report #: ,**y~n~z-n~ File #: n n ~ i n 001 Subject: pROPOSED AMENDMHNT TO BY-LAW NO. 92-105, THS DEVELOPMENT CHARGES BY-LAW AND PROPOSED FRONT-HNDING AGREEMENTS BETWEEN THE MUNICIPALITY OF CLARINGTON AND SCHICREDANZ BROS. LIMITED RESPECTING STORMWATER MANAGEMENT AND OTHER WORKS REQUIRED-BY It is respectively recommended that Council adopt the following: 1. THAT Report WD-44-94 be received; 2. THAT Council approve the changes to the Cost Sharing Report for the Implementation of the Master Drainage Plan for the West Branch of the Soper Creek, which are referred to in Report WD-44-94; 3. THAT .Council resolve that the changes referred to in Recommendation 2 are not of material significance and that a further public meeting to hear representations from the public on the proposed amendments to By-law No. 92-105 is not necessary; 4. THAT Council authorize the introduction of a by-law to amend By-law No. 92-105, with the content of the draft by-law contained in Attachment No. 7 hereto and pass the by-law; 5. THAT by-laws be passed to authorize the Mayor and Clerk on behalf of the Municipality to execute agreements with Schickedanz Bros. Limited as follows:. ,° '„ L ~.~ RBPORT NO.' WD-44-94 PAGE 2 a) a front-ending agreement under the Development Charges Act respecting the stormwater management works for the Lower Watershed of the West Branch of the Soper Creek (South of CPR); b) a front-ending agreement under the Development Charges Act for the stormwater management works of ' benefit to the Upper and Lower Watersheds of the West Branch of the Soper Creek (North and South of CPR); c) a front-ending agreement. under the Development Charges Act. respecting the Mann Street Storm Sewer Oversizing Works; d) a front-ending agreement under the Development Charges Act. respecting the Mann Street Road Reconstruction Works; e) an indemnity agreement under. which Schickedanz Bros. Limited agrees to indemnify the Municipality. in respect of the collection and/or payment to Schickedanz of contributions received from benefiting developers representing the .lands described in Attachment No. 5 and to accept payment of each contribution in full satisfaction of the Municipality's obligation under paragraph 5.27 and Schedule "P" of the Subdivision Agreement with Schickedanz Bros. Limited dated July 8, 1989; and f) an agreement to amend to the subdivision agreement between the Municipality and Schickedanz Bros. Limited dated July 18, 1989 to release the Municipality from performance of its obligation to ;_ ~~ s R$PORT NO.: WD-44-94 PAGE 3 endeavour to collect contributions from benefiting owners under paragraph 5.27 and Schedule "P" of the Subdivision Agreement to be effective when the: front-ending agreements referred to in Recommendations 5 (a) to (d) come into effect.. The indemnity agreement referred to in Recommendation 5 (e) has been executed and the payment referred to in Recommendation 6 has been made to Schickedanz; provided that the each of the agreements contains terms and conditions considered by the Chief Administrative Officer. in consultation with .the municipality's Solicitor to be appropriate to protect the Municipality's interests.; 6. THAT the Treasurer be authorized to pay to Schickedanz Bros. Limited the contributions provided for under the subdivision agreements listed in Attachment No. 5 when the agreements referred to in Recommendation 3 (e) and 3 (f) have been executed by Schickedanz Bros. Limited and the Municipality; and 7. THAT copies of this Report WD-44-94 be sent to Schickedanz Bros. Limited, Valiant Property Management, Bruce & Dorothy McDonald, Edward Fennell and John Fennell. REPORT 1.0 ATTACHMENTS No. 1: Rey Map No. 2: Report WD-32-93 No. 3: Addendum to Report WD-32-93 No. 4: Extracts from Subdivision Agreement No. 5: Agreement between the Municipality and Schickedanz Bros. Limited dated August 10, 1993 Y. REPORT NO.: WD-44-94 PAGE 4 No. 6: Contributions secured. from other Benefiting .Developers No. 7: Amendments to By-law No. 92-105, the Development Charges By-law 2.0 BACRGROIIND 2.1 In Report WD-32-93 (Attachment No. 2), .Council was advised that the Subdivision Agreement between the Municipality and Schickedanz Bros. Limited ("Schickedanz") respecting the lands subject to Plans lOM-829 and lOM-830 was registered on July 24, 1989. Among other things, the Agreement requires Schickedanz to construct certain external. and/or oversized services including stormwater management works, the oversizing of .the storm sewer on Mann Street to accommodate upstream development, and the reconstruction of Mann Street. The stormwater management works and the storm sewer oversizing works were recommended in the Master Drainage Plan for the West Branch of the Soper Creek drainage area by Schickedanz'. engineering consultants. A number of owners of land within the drainage area in addition to Schickedanz would benefit from stormwater management .works and the storm sewer oversizing works.. Similarly, other owners of land than Schickedanz will benefit from the reconstruction of Mann Street. The Mann Street Road Reconstruction Works and the Mann Street Storm Sewer Oversizing Works have been completed. However, at the time of Report WD-32-93 the stormwater management works had not been constructed. 2.2 In Addendum to Report WD-32-93 (Attachment No. 3) an agreement was recommended to be made by the Municipality with Schickedanz which would require Part A of the stormwater management works to be constructed in 1993 and Part B of these works to be constructed by September 15, 1994. .This Agreement was made ae of August 10, 1993 (Attachment. No. 5). The A ,. .. 1 ' _` REPORT NO.: WD-44-94 PAGE. 5 Addendum to Report WD-32-93 also recommended an agreement be made by the Municipality with Schickedanz and the contractor selected to construct the works to permit the Municipality to take over the construction of the works if that was to prove necessary to ensure their completion by the dates stipulated. This agreement also was made by the parties. 2.3 Part A of the stormwater management works was completed in accordance with the Agreement of August 10, 1993. Schickedanz intends to commence construction of Part B of the works in the immediate future for completion in 1994. 3.0 REVIBW AND COMMBNT 3.1 Sharing of Costa of External and/or Oversized Services Paragraph 5.27 and Schedule "P" of the Subdivision Agreement with Schickedanz (Attachment No. 4) provides a means by which the cost of the external and/or oversized services could be shared by all of the benefiting owners. Upon a developer of lands outside of the Schickedanz lands lOM-829 and lOM-830 connecting to the external and/or oversized services, the Municipality agreed to endeavour. to pay to Schickedanz that portion of the cost of the services that is equal to the proportion of the excess capacity of such services estimated to be utilized by Schickedanz after Schickedanz. has fully developed its lands. The amounts to be paid by other benefiting owners are to be determined by the Director of Public Works having regard to a "Cost Sharing Report" which is to be prepared by Schickedanz' engineering consultant and approved by the Director. For its part, the Municipality agreed "to make every effort" to collect from the benefiting property owners and reimburse Schickedanz the amounts specified in the "Cost Sharing Report" together with interest on the said amounts annually at the highest Bank of Montreal prime interest rate plus 2$ from the date of issuance of the ,. ~' REPORT NO.: WD-44-94 PAGE 6 Certificate of Completion for the stormwater detention facility and appurtenances. 3.2 Enactment of Development Charaee bate in 1989 the Province enacted the Development Charges Act. It prohibits provisions. similar to paragraph 5.27 and Schedule "P" of the Schickedanz Subdivision Agreement from being made by the Municipality after .November 23, 1991. However, the Act specifically preserves the validity and enforceability of subdivision agreements made before that date. The Municipality's Solicitor advises that at present the Subdivision Agreement between the Municipality and Schickedanz continues to be valid and enforceable by the Municipality and Schickedanz, respectively.. However, there may be a legal impediment that will affect the Municipality's ability to collect contributions from benefiting developers who do not now have agreements with the Municipality. 3.3 Other Benefitina Property Owners to Pav their Share Prior to November 23, 1991, in performing its obligation to endeavour to collect from other benefiting owners connected to the external and/or oversized services under subdivision agreements like the Schickedanz Subdivision Agreement, the Municipality required subdivision agreements made with benefiting developers who obtained approval of draft plans of subdivision to provide for payment of the amount of the contribution to be made by such developer to the Municipality for the, payment by the Municipality to the developer who front-ended the cost of the external and/or oversized services. Prior to November 23, 1991, subdivision agreements were made by the Municipality with certain developers who: would benefit from the external and/or oversized services to be constructed by Schickedanz. Payments of their respective contributions to the external and oversized services under REPORT NO.: WD-44-94 PAGE 7 those agreements either were made or were secured for future payment to the Municipality for payment in turn to Schickedanz: (see Attachment No. 6). 3.4 May Not Now Be Possible to Secure Payment From Other Benefiting Owners The Municipality's Solicitor has advised that because of the wording of the Development Charges Act, there is some doubt as to whether it is possible in law for the Municipality to obtain or to secure payment of contributions from other benefiting developers with whom the Municipality may enter into subdivision agreements in the future in respect of the cost of the external and/or oversized works provided for in the Schickedanz Subdivision Agreement. 3.5 Part "B" of Works to be Constructed in 1994 As is noted above in section 2 of this Report, pursuant to the Agreement between the Municipality and Schickedanz of August 10, 1993 Schickedanz has constructed Part A of the stormwater management works. Part B is required to be constructed and completed in 1994. These works are located south of the CPR tracks. Bowever, portions of both Parts A and B will be of benefit to certain owners of lands which are located north of the CPR tracks as well as to other owners of lands which are located south of the CPR tracks. 3.6 North Pond Deferred The Master Drainage Plan for the West Branch of the Soper Creek also provides for a stormwater facility (the "North Pond") to be constructed on Schickedanz lands north of the CPR tracks. These lands have not yet received draft plan of subdivision approval. The timing of the North Pond will be addressed in the subdivision agreement which will be made with the owner after draft plan approval has been given. At that ,~ i ~' REPORT NO.• WD-44-94 PAGE 8 s time a further front-ending agreement under the Development Charges Act may be recommended. At present, it would be premature to attempt to deal with the North Pond in a front- ending agreement (See paragraph 3.13 of this Report). 3.7 Front Ending Agreement with Schickedanz 5 Preparation of Front-Sndina Agreement In recognition of the increase in the legal risk to Schickedanz of .not recovering contributions from other benefiting owners for the external and/or oversized works which it would construct resulting from .the Development Charges Act, paragraph 4 of the Agreement of August 10, 1993 .provides that the Municipality agrees to support, expedite and enact at the earliest possible date an amendment to its Development Charge By-law and Front-Ending Agreement: for the benefiting area for Phases A and B of the stormwater management works as determined in the "Cost Sharing Report" as finally approved by the Director. Part II of the Development Charges Act provides for the making of front-ending agreements between the Municipality and an owner under which the owner would front-end the cost of a particular service or services and, after the agreement became effective, other benefiting .owners would be required to pay a portion of .the front-end payment to the Municipality in addition to the development charge when they develop their lands. The Act requires the Municipality to pay monies that it has received on account of the front-end payment to the owner who has made it, in this case Schickedanz. 3.8 Public Meeting Held on June 27, 1994 The. proposed amendments to By-law No. 92-105, the Municipality's Development Charges By-law, would add to the list of services prescribed in the By-law, the external and/or oversized services in question, that is the stormwater ,. ~: ~ . ~. REPORT NO.: iiD-44-94 PAGE 9 management works, the Mann Street Storm Sewer Oversizing Works and the Mann Street Road Reconstruction Works. The amendments are required by the Act if the Municipality is to exercise its power under Part II of the Act respecting front-ending agreements. A public meeting on the proposed amendments was held by Council on June 27, 1994 at which time three delegations made representations to Council. 3.9 Concerns of Two of the Delegations Satisfied Meetings have been held with two of these delegations, Ed Fennell and Bruce McDonald, on behalf of his .mother Dorothy McDonald, who have advised that their concerns have been satisfied. 3.10 Concern of Valiant Pronertv Management Respecting Financing Charges Mrs. Debbie Clarke represented the third delegation, Valiant Property Management, and expressed concerns respecting the .financing charges provided for in the Cost Sharing Report .respecting the Stormwater Management Works and the Mann Street Storm Sewer Oversizing Works. Subsequently, Mr. A.S. Cannella of the Department of Public Works met with Mr. Bob Hann and other representatives of Valiant Property Management. Mr. Hann now has advised that his concerns respecting financing charges have been resolved. 3.11 Copies of Cost Sharing Report made Available to Interested Persons The "Cost Sharing Report" for each of the external and/or oversized services provided for in the Schickedanz Subdivision Agreement has been made available to interested persons who have requested copies of them. The information contained in these reports was used in preparing the Front-Ending Agreements between the Municipality and Schickedanz REPORT NO.: WD-44-94 PAGE 10 recommended in this report with the changes noted in paragraphs 3.12 and 3.13 of this Report. 3.12 Fiaancin4 Costs The Cost Sharing Reports and Back-Up Documentation for the Stormwater Management Works and the Mann Street Storm Sewer. Oversizing Works contain allowances to be included in the cost of installation of these services for financing charges calculated annually at the highest prime interest rate plus 28 following the date of the expenditures to what was assumed to be the date on which front-end agreements respecting them are made. This rate of interest is consistent with Sections 5.27 and .Schedule "P" of the Schickedanz Subdivision Agreement except .that under that Agreement interest is not to be charged until. the works have been completed and a Certificate of Completion is issued. Under the Cost Sharing Reports no interest is assumed to be charged after the date on which the front-end agreements are made. The cost of installation determined as of the date of the front-ending agreement would include reasonable financing charges to that date but thereafter interest will not be charged. However, the cost of installation will be indexed in a similar manner to the indexing of the development charge under the Development Charges By-law. In our opinion, reasonable financing charges should be included in the cost of installation of the stormwater management works and the Mann Street Storm Sewer Oversizing Works. In the present circumstances, in our opinion a reasonable financing charge would be interest at actual (i.e. floating) prime plus 28 on the expenditures actually made to the date of the front-ending agreement. This will produce a lower amount of financing charges than would be the case if financing charges were based on the highest prime rate of REPORT NO.: WD-44-94 PAGE 11 interest in each year plus 28 calculated on the expenditures made by .Schickedanz. The two Cost Sharing Reports will be changed accordingly before they are approved. 3.13 Front-Sndina A~+reement for Works North of C.P.R. The Cost Sharing Report for the Implementation of the Master Drainage Plan for the West Branch of the Soper Creek includes a North Pond to be installed north of the CPR tracks. It will be constructed sometime in the future on land owned by Schickedanz, on which draft plan. of subdivision approval has not yet been given.. Since the timing of construction of the North Pond cannot be determined at this time, it is recommended that afront-ending agreement for this service not be authorized until the timing of its construction has been established. Front-ending agreements for the other two Stormwater Management Works are recommended to be made with Schickedanz now. The Cost Sharing Report will be changed by deleting the North Pond before it is approved. 3.14 Duration of Front-Ending Agreements With the exception of the Mann Street Road Reconstruction Works Front-Ending Agreement which has a recommended term of ten (10) years, each of the other front-ending agreements is recommended to have terms of twenty {20) years which is considered to be a reasonable period of time within which development of the benefiting area can be anticipated to occur. 3.15 Draft Front-Sndina Agreement Implement Cost Sharing Reports Changes The draft front-ending agreements to implement the relevant Cost Sharing Report, as changed pursuant to paragraphs 3.12 and 3.13 of this Report. • t ' ~, REPORT NO.• WD-44-94 PAGE 12 3.16 Conies of Draft Agreements on File Copies of the draft front-ending agreements are lengthy and for this reason have not been reproduced with this Report. They are on file with and are available for examination in the Public Works. Department. 3.17 A_areements Reduce Schickedanz' Leaal Risk If authorized by Council, the front-ending agreements will .provide a legally enforceable means by which contributions for other benefiting developers will be required to be .made when those developers decide to develop their lands and so will reduce the legal risk of Schickedanz that contributions to works which it has front-ended will not be made by other benefiting owners. This is fair since the risk results from the Development Charges Act for which Schickedanz is not responsible. 3.18 Deletion of Endeavour to Collect from Subdivision Agreement If development takes place either before or after the expiry of the term of the front-ending agreement in question, the Municipality should be under no further obligation to Schickedanz to endeavour to collect a contribution from a benefiting developer under the Subdivision Agreement. Accordingly, it is recommended that Council authorize the Schickedanz Subdivision Agreement to be amended to delete the obligation of the Municipality to endeavour to collect under paragraph 5.27 and Schedule "P", said amendment to be effective when the front-ending agreements and indemnity agreement recommended in Report WD-44-94 come into effect and the contributions referred to in Attachment No. 5 have been paid to Schickedanz. A REPORT NO.: WD-44-94 PAGE 13 3.19 Indemnification of the Municipality and Payment of Contributions Alreadv Reserved to Schickedanz As is noted in paragraph 3.3 the Municipality has entered into subdivision agreements with certain other benefiting owners who have agreed to contribute amounts on account of the cost of certain of the external and/or oversized services provided for in the Schickedanz Subdivision Agreement to the Municipality based on preliminary drafts of the "Cost Sharing Reports". These Reports had not finally been approved when the contributions were made or secured. Schickedanz has agreed to accept these contributions which are based on a lower cost per hectare ($20,000.00 per ha. in the case of the stormwater management works) in full satisfaction of the amounts to which Schickedanz would otherwise be paid ($21,700.22 per ha.) if the contributions had been made after the final Cost Sharing Reports had been approved. As a condition precedent to the payment of monies by the Municipality to Schickedanz, however, it is recommended that an agreement be made between the Municipality and Schickedanz to provide for the indemnification of the Municipality from any loss or damage that it might suffer as a result of paying these contributions to Schickedanz. Such agreement should also provide that Schickedanz Bros. Limited will accept payment from the Municipality in full satisfaction of the Municipality's obligations under paragraph 5.27 and Schedule "P" of the Subdivision Agreement with it. The payment of any. monies to Schickedanz will be conditional on the making of all of the agreements referred to in this Report. Respectfully submitted, Reviewed by, Walter A.•Evans, P. Eng, Director of Public Works William H. Stockwell, Chief Administrative Officer a REPORT NO.: WD-44-94 PAGE 14 July 12, 1994 Attachment DB*WAE*ph pc: Schickedanz Bros. Limited 3311 Bayview Avenue, Suite 105 Willowdale, Ontario. M2K 1G4 Valiant Property Management 177 Monquon Road, 20th Floor Oshawa, Ontario L1G 3S2 Bruce & Dorothy McDonald R.R. #1 Cloyne, Ontario xoB lxo Edward Fennell 1207 Rushbrooke Drive Oakville, Ontario L6M 1H8 John Fennell 1229 Montclair Drive Oakville, Ontario L6H 1Z3 SCHICKEDANZ ~®.~~IIII.II.]E 18T-8705 SCHICKE NZ NORTH SUBDIVI ON 10M-830 1 -8 rYfU TON LANDS 18 -89065 ~~ r.:~-..:::.:.: j ~ RM WATER 1:~:::::::~ AGEMENT ~4:::~ W KS ~ ~~~ l:::::~ C: ATTACHS CLARKE\40R14229.DWG DRAWN BY: JM DATE: JULY 1994 ATTACHMENT N0. , WD-44-94 . -. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JULY 19, 1993 Res.#_ By-Law # Report #: ~ File #: R. 02 . 1 0.001 Subject: SCHICKEDANZ SIIBDIVISION, PHASES 1 AND 2, PLANS lOM-829 AND lOM-830, COMPLETION OF ALL OUTSTANDING WORKS, INCLUDING STORMWATER MANAGEMENT WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD--93 be. received; 2. THAT the Director of Public Works be authorized FORTHWITH to issue a 'Final Notification Letter' to Schickedanz Bros. Limited, and their surety, stating a completion deadline of August 13, 1993, for all outstanding works; 3. THAT should the Works not be completed to the satisfaction of the Director.of Public Works by the aforementioned deadline, the developer's Letters of Credit be drawn down, in the full amount; 4: THAT the Director be.:authorized to expend said monies pursuant: to all,'. obligations, incurred or .to be. incurred by The',, ^Corporation .of ..the ;Municipality of Clarington i.n- accordance:: with :the ;Subdivision- Agreement between: Schickedanz :`Bros.. Limited and The Corporation of-:~ he Town of Newcastle; and ATTACHMENT N0. 2 WD-44-94 -~:s~a REPORT NO.: WD-32-93 PAGE 2 5. THAT Schickedanz Bros. Limited and the Royal Bank of Canada be advised of Council's decision and be provided with a copy of Report WD-32-93. ' REPORT 1.0 ATTACHMENTS No.l: Key Map No.2: Letter from Developer's Solicitor No.3: Copy of Pertinent Excerpts from the Subdivision Agreement No.4: Copy of proposed 'Final Notification Letter' to Developer 2.0 BACKGRODND 2 a.- The Corporation of the Town of Newcastle-centered into--a - Subdivision Agreement, registered July 24, 1989, with Schickedanz Bros. Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plans lOM-829 and lOM-830 (Attachment No.l). The agreement required the developer to construct a storm sewer system, stormwater management works and all roadworks, including hot-mix paving, - curbs, sidewalks, topsoil and sodding of boulevards, paving of driveway -entrances, street lighting and street trees, hereinafter referred to as the 'Works'. 2.2 The initial works were completed by the developer in the fall of 1989, however the Stormwater Management Works could not be constructed until approvals were obtained from government agencies (Ministry of Natural Resources, Ministry of the Environment, Central Lake Ontario Conservation Authority). It was agreed that the Works would commence immediately upon receiving all necessary approvals. Since that time, the developer and his consulting engineers have been dealing with the various government agencies in obtaining approvals for the: REPORT NO.: WD-32-93 PAGE 3 2.3 Upon receiving approvals, the developer committed to the construction of the Stormwater Management Works during the summer of 1993. As a result, a public information meeting was held on March 24, 1993, notifying the public of the scope of the work and the scheduled construction for the summer. of 1993 (June 15 to September 15). This meeting was co-ordinated by the developer's consulting engineers with the full knowledge and support of the developer, and was attended by both the developer's engineer and Public Works Staff. Subsequent to the comments arising from the public information meeting, previously documented in report WD-21-93, the engineering drawings were revised and approved by the Town of Newcastle June 3, 1993. 2.4 Despite having fall knowledge of the importance to the Municipality and The Northumberland and Clarinqton Board of Education of having the works completed this summer and despite having full knowledge of the extensive efforts and commitments relating to approvals,. easement procurements, design, scheduling and public information, the developer has now advised that he has decided not to complete the works at this dune (Attachment No. 2). It is important to note that until receipt of this letter, the developer had at all times assured Town staff that the Works would be constructed according to schedule. Due to past dealings with this developer, Town staff accepted these assurances in good faith. 2.5 In addition to the Stormwater Management Works, the outstanding works include, but are not necessarily limited to: base asphalt repairs, .curbs, sidewalks, surface asphalt paving, driveway approach paving, boulevard sodding, channel works, street trees, street lighting and fencing. 2.6 The performance guarantee for these works is secured by the Town in the form of three (3) Letters of Credit from the REPORT NO.: WD-32-93 PAGE 4 developer, valued at $3,865,000, $50,000 and $30,000 for a total of $3,945,000. Staff estimates the cost of completing all outstanding works to be approximately $3,860,000. 2.7 Under Section 5.17 of the Subdivision Agreement (Attachment No. 3}, the Director of Public Works has the authority to order the work completed at the expense of the developer, subject to the approval of Council and upon written 'Notice' being given to the developer and his surety (Attachment No.S}. 2.8 Due to the magnitude of the Works involved and the limited construction envelope of June 15 to September 15 for the Stormwater Management Works, the Works cannot be completed by the Municipality this year. However, some works will be -carried ont--this year, such as channelization improvements-to address the floodproofing at the Galbraith walkway. In order to protect the Municipality's interests and ensure there are no delays in accessing the developer's funds, it is recommended that the Letters of Credit be drawn down for their full value. Respectfully submitted, Recommended for presentation to the Committee, ----~~~~ i~/ ------------------ Walter A. Evans, P.Eng., Director of Public Works NC*WAE*ph July 13, 1993 Attachment (Jl_c~tiec~c~_~,! ---------- Lawrence E. Rot , Chief Administrati a Officer pc: Schickedanz Bros. Limited. 3311 Bayview Avenue, Suite 105 Willowdale, Ontario M2R 1G4 Fax: 223-0924 Attention: Mr. B. Schickedanz REPORT NO.: WD-32-93 PAGE 5 Royal Bank of Canada, International Trade Centre-Ontario, 180 Wellington Street West, Toronto, Ontario MSJ 1J1 // Y W //~ /.~ V yam/ /~( `` W o N i/ / / w a W \ \ ~ Q N d L-~ ;~ ~ ' ; SC CKEDA jZ ;~ ~ NO H ~~ SU IV ~ 8Z0 ISI ;V ~, ~, ~~ ~~ W ~ Qi i K i N C~ ~I m~ i :i i~,_ ~~ CONCESSION STREETi~ ~ ~_ r STORM WATER` ~ ~ , ~ MANA MENT ~~] ~ ~ WORI( m w Z w N ~ f4l/ \\ "' ~~ ~ \ M I LLE ao~ a o ~ ~, ~~~0~ ~~~' C: ATTACHS SUED 829830 ~0~'p0a °~'.,~ D ~Doo~a ~~~~ DRAWN BY: JM DATE: JULY 1993 ~~~~ ATTACHMENT N0. KEY MAP WD-32-93 1 IJ~'JU.u ict . __ .. . ;s~S'/il/US 15:48~~~FA% 616 434 1b78 BAVIS,tPEBb..'iHi.Z DAMS, WBSB & Scxul.zii EARR151'$R5 kaOLt3TOR5 Imxu.vx. wero.oc. GtIIntT1Ax C. 6cxtnsx pt. N6M1 C. I1nK F.D, LL4 a,uwN R. aLUw. ^.A..:.L.D ELLiN S. PH71AlrY, n8 L. uN coNroxanc tOUN9tt x~tex D~ S71YWItK1(. xt~ L',0. A. Ck3wN.cs Dins. ~ c irCi615TJ1 Iunc 11, 1993 Mr. Iarry Kotsev, CAO Town of Ncwcastlo 40 Temperance Srrcct Howmannilic,-6nterio L1C 3Ati Dear Mr. ICutsov: Re: IVew_Sastle - C n,,,, anti Sr•i~•r '~'rUn(- "ndlny$~yy„y~„~ vw r~.4x Bob Schickedanz has advised me that mcrnbets of staff of the Town of "tewckstie have indicated to him that they expected that work would be contrnencing on toe storm wator management works in the ittuncdiate future if it has not aircady commenced. We have advised ivir. Schickedanz that it would be inappropriate to commence to da an} work unril afi~r a Front Ending Agreemetlt pursuant to the beveionrnent Charms is in piece. We would be pleased to discuss this with you at your convenicncc. Yours vory truly DAMS, WEHB & SCIiULZFi Q ~ k~ Ronald K Webb, Q.C. RKW:cw cc: Mr. Denttis HcfYeron, 5htbJay, Richton Mr. Bob Schickadanz ~i00a/002 SuAnrr+TOn Ect_ rrT.'Yfi to\TRI: tl .lxtaoN srxEer werl• $illrl' 6tN1 3R,tKlTOn, On rnxiu rax tra ~f1.trFONE i41ri1 4j1ti71C Fro 14 1 61 451 1 8 7E ~L'EAA, ATTACHMENT N0.~2 WD-32-93 5.17 ItY.:q~ipLETE OR FAULTY 1•]ORK (1) If, in the opinion of the Director, the OcJner is not executing or causing to be executed the Idork required by this Agreement, in such a manner that it will be completed within tt;e rim specified for such completion, or if the said Work is being improperly done, or iE N,e O.;nee neglects or abandons the said Work, oc any part of it, before completion, or unreasonably delays the execution of the same, of if in any other manner the s~ic7 Work is not lying done properly and promptly in full cornp]iance with the provisions c` this Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director m=.y default i^ performance under this Agreement, then in any such case the Director on the au~s;ority of the Council of the Town may 0otify the C.uner and his surety in :rriting c_` such default or neglect and within ten (19) clear days after the giving of such r;otice or within such further period of time as may )~ specified in the notice, the "~.m Council shall thereupon have full authority and power irnediately at its option to employ a contractor or such workmen as in the cpinion of rile Director shall be required for the proper completion of such work at the cost end excense of- the C,.n;er or his surety, or both. In cases of a~ergency, in the opinion of the Director, such work tray be done without prior notice, but the timer shall forthwith be noti~:e~. The cost of Such work shall he calculated by tl;e Director, :•:hose decision she 11 be final. It is understood and agreed that the total costs shall include a management fee of thirty (30$) percent of a contractor's chards to the To~;n (including any charges for overhead and profit) or, if such o:ork is undertaken by the To:m, thirty (39~) percent of all charges incurred to cc~pletc tl:e work, it being hereby declared and agreed that the assuming by .the Omer of the obligations imposed by this clause is one of the considerations without which the municipality would not have executed this Agreer;r=nt. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a cie`ault i;; rrrformance under this agreement, then in any such case the Director m.y nctiEy the Omer and his surety in writing of such default and if the Gwner Lails to satisfy claims oE. the lien claimant within ten (19) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and po:;er irmr~diately at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Raney shall forthwith upon notice from the Director reinstate the performance or rn3intehance guarantee to the full value required under the terms of the agreemmnt-. ATTACHMENT N0. 3 WD-32-93 C@.\ ": eu~c~sf~ July 19, 1993 Schickedanz Bros. Limited 3311 eayview Avenue, Suite 105 Willnw.dale, Ontario M2K 1G4 Fax: 223-0924 Attention: Mr. B. Schickedanz Dear Sir: RE: SCHICKEDANZ, PLANS 1061-829 AND 10M-830 61UNICIPALITY OF CLARINGTON COMPLETION OF ALL OUTSTANDING WORKS --FINAL NOTIFICATION LETTER-- This letter will serve as notice, as stipulated under Section 5.17 ofi the Subdivision Agreement between The Corporation of the Town of Newcastle and Schickedanz Brns~ Limited, that, in the opinion ofi the Director of Public Works; you have defaulted in performance under the conditions of the agreement. Due to a lack of progress on the above-noted subdivision works, you are hereby notified that you have until August 13, 1993, to complete all outstanding works to the satisfiaction of the Director of Public Works, which inc~ude but are not limited to: i. Completing initial roads and carrying out base asphalt repairs; 2. Completing all appropriate curbs, sidewalks and driveway aprons; 3. Completing all boulevards, including sod and street trees; 4. Completing all fiencing and streetlighting; 5. Completing appropriate surface asphalt, and; 6. Completing stormwater management works. All works are to be completed to the satisfiaction of the Town of Newcastle and require the fiull time supervision of your consulting engineers, Marshall Macklin Monaghan Limited. Public Works staff will review the status of these works with your consultant just prior to the August 13 deadline. Any works not completed to our s ti fi ti ill th b i d b h T a s ac on w en e carr e out y t e own, at ~rour full expense, in accordance with the terms and conditions of the Subdivision Agreement. Yours truly, W. A. Evans, P. Eng. Director ofi Public Works ATTACHMENT N0. 4 NAC:ph WD-32-93 CORPORATION OF THE TOWN OF NEWCASTLE 60 TEMPERANCE STREET BOWMANVILLE - ONTAfllO 11C 3A6 (a 16)623-7379 fA%62 ]-0169 rec.um °n~T^ pc: Marie Marano, Treasurer Patti Barrie, Clerk A. S. Cannella, Manager of Engineering Royal Bank of Canada, International Trade Centre-Ontario, 180 Wellington Street West, Toronto, Ontario M5.1 iJi THE CORPORATION OF THE MUNICIPALITY OF CLARZNGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # _ Date: JULY 19, 1993 Res.#_ ADDENDUM TO By-Law # Report#: WD-B2-93 File#: $-0 .0.001 Subject: SCHICREDANZ SUBDIVISION, PHASES 1 AND 2, PLANS lOM-829 AND lOM-830, COMPLETION OF ALL OUTSTANDING WORKS, INCLUDING STORMWATER MANAGEMENT WORKS"` Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT this Addendum to. Report WD-32-93 be received; 2. THAT recommendations 2, 3 and 4 contained in Report WD-32-93 be renumbered as to be recommendations 2 (a), (b) and (c) and that the following be added at the beginning of recommendation 2: "THAT unless on or before August 10, 1993, Schickedanz Bros. Limited (i) fails to enter into an agreement with the Municipality to give efieit to the content of Attachment No. 1 to the Addendum to Report WD-32-93, (ii) fails to perform the obligations set out in Attachment No. 1 referable-.to the amendment to the Subdivision Agreement the approval of the tender documents and' construction contract, including the making of ATTACHMENT N0. 3 WD-44-94 REPORT NO.: ADDENDIIM TO WD-32-93 PAGE 2 arrangements necessary for the Municipality to be a party to the construction contract, (iii) fails to commence construction of Part A of 'the works as described in Attachment No. 1 to the Addendum, (iv) Schickedanz Bros. Limited fails to complete Part A of the works in accordance with paragraph 1 of Attachment 1 to the Addendum, or (v) Schickedanz Bros. Liunited fails to arrange and complete Part B of the works in accordance with paragraph 1 of Attachment 1:" 3. THAT recommendation 5 contained in Report WD-32-93 be renumbered to be recommendation 3. 4. THAT Council approve the making of an agreement with Schickedanz Bros. Limited to give effect to the content of Attachment No. 1 to the Addendum to Report WD-32-93 and to complete such other provisions as are considered necessary by the Director of Public Works, acting reasonably to protect the Municipality's interest, and pass a By-law to authorize the Mayor and Clerk to e~cecute.the-..3grpemprLtG;.~hich are contemplated in Attachment No. 1; and 5. THAT Schickedanz Bros. Limited and the Royal Bank of Canada be advised of the Council's decision and be provided with a copy of the Addendum to Report WD-32-93. REPORT 1.0 AT' No. 1: Correspondence dated July 19, 1993, from Schickedanz Bros. Limited. 2.0 BACKGROIIND 2.1 Since the release of Report WD-32-93, I have received a letter from Schickedanz Bros. Limited dated July 19, 1993, a copy of which is contained in Attachment No. 1 to this Addendum. I REPORT NO.: ADDENDIIM TO WD=32-93 PAGE 3 agree with the content of Attachment No. 1 and recommend it to the Committee as an appropriate basis for the resolution of the issues which are discussed in~Report No. WD-32-93. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng., Director of Public Works DH*ph July 19, 1993 Attachments -~ ' L Chief pc: Schickedanz Bros. Limited 3311 Bayview Avenue, Suite 105 Willowdale, Ontario M2K 1G4 Fax: 223-0924 Attention: Mr. R. Schickedanz Royal Bank of Canada International Trade Centre - Ontario 180 Wellington Street West Toronto, Ontario M5J 1J1 Officer July 19, 1993 Mr. W. A. Evans Director of Public Works Municipality of Clarington 40 Temperance Street - - - Bowmanville, Ontario L1C 3A6 Dear Sir: RE: Schickedanz Residential Subdivision, Plans lOM-829 and lOM-830, Bowmanville Community, Municipality of Clazington ("Municipality") Further to our meeting of July 15-,-19.93r regar~. '*+g *he.~construction of the storm water management facilities in the West Branch of the Soper Creek (the "works"), Schickedanz Bros. Limited will confirm the following: 1. Schickedanz Bros. Limited will commence construction of the storm water management facilities in the west Branch of the Soper Creek on or before August 10, 1993. The entire project will be tendered immediately. A contract will be awarded and construction will begin. The first phase of the works ("Part' -" A") which will be constructed between July 15, 1993, and September 15, 1993, will be the channelization works from the main branch of the Soper Creek to a point just south of the proposed detention pond. This channelization work would allow the pedestrian bridge adjacent to the Nor-arm subdivision to be used by students going to Bowmanville High School. The second phase of the works (Part B), will be constructed between June 15 and September 15, 1994. 2. The Municipality will confirm that the existing subdivision agreement between the Town of Newcastle and Schickedanz Bros. Limited dated July 18, 1989, is in good standing. 3. The Municipality will issue separate completion certificates for each of Parts A and B of the works respectively. The Municipality will acknowledge that it holds certain securities for the shares of the cost of Parts A and B of the works which are to be paid by other benefiting owners who have entered into Subdivision Agreements with the Municipality prior to November 23, 1991 (the "contributions"). Forthwith after the issuance of a completion certificate for Part A of the works, the Municipality will collect the portion of the contributions ATTACHMENT NO. 1 ADDENDUM TO WD-32-93 Mr. Walter A. Evans - 2 - July 9, 1993 referable to Part A of the works. or realize the securities posted therefore, and will reimburse Schickedanz Bros. Limited to the extent of the portions of the contributions for Part A of the works which have been so collected, provided that in no case shall the Municipality reimburse Schickedanz Bros. Limited a portion of a contribution of a benefiting owner's share which exceeds that owner's share as set out in the Cost Sharing Report for the Storm Water Management Works for the West Branch of the Soper Creek as finally approved by the Director of Public Works. Forthwith after the issuance of a completion certificate for Part B of the works, the Municipality will collect the balance of the contributions to be made by other benefiting owners referable to Part B of the works pursuant to Subdivision Agreements made with the Municipality prior to November 23, 1991, or realize the security posted therefore, and will reimburse the amounts so collected to Schickedanz Bros. Limited subject to the same proviso just stated in respect of the reimbursement of Schickedanz Bros. Limited for part of the cost of Part A of the works. Notwithstanding the foregoing, if in the opinion of the Municipality's Director of Public Works, acting reasonably, any one or more of the Subdivision Agreements under which contributions are to be made for Parts A and B of the works and which agreements have been made prior to November 23, 1991, the contributions cannot be collected or the securities posted therefore cannot be realized before the completion of Part B of the works, the Municipality will not be required'-'to "collect and pay such contributions to Schickedanz Bros. Limited or realize the securities therefore for either Parts A or B of the works before the issuance of a completion certificate for Part B of the works. 4. The Municipality will support, expedite and enact, at the earliest possible date, an amendment to its Development Charge By-law and Front Ending Agreement for the benefitting area for Parts A and B of the works as determined in the Cost Sharing Report for the Storm Water Management Works for the West Branch of the Soper Creek as finally approved by the Director of Public Works, and will expeditiously take all action to bring them into force, provided that Schickedanz Bros. Limited will reimburse the Municipality its reasonable costs of doing so. In the event that it will take an undue time period to have an amending Development Charges By-law and Front Ending Agreement come into force becasue of Ontario Municipal Board hearings relating to the Development Charges By-law 92-105, the Director of Public Works will recommend a freestanding Development Charges ~y=law and Front Ending Agreement with a view to having the Front Ending Agreement in force by June 15, 1994. Mr. Walter A. Evans - 3 - July 9, 1993 5. Schickedanz Bros. Limited will obtain the approval of the Director of Public Works to all tender documents and the construction contract for Parts A and B of the works and will make the necessary arrangements for the Municipality to be a party to the construction contract for the purposes and to the extent considered necessary by the Municipality's Director of Public Works, provided that the Director act reasonably. 6. Prior to August 10, 1993, Schickedanz Bros. Limited will make the necessary arrangements to allow the Municipality to use the engineering drawings and specifications for Parts A and B of the works which have been prepared by Marshall Macklin Monaghan Limited in the event of default by Schickedanz Bros. Limited in performing any of its obliy-ations under paragraph 1. Schickedanz Bros. Limited will provide the Municipality with Marshall Macklin Monaghan Limited's acknowledgement of the foregoing provisions of this paragraph and written undertaking to the Municipality to comply with them prior to August_10, 1993, 7. Schickedanz Bros. Limited will arrange for such materials and labour supply bond in respect of the construction of Parts A and B of the works as may be required by the Director of Public Works, acting reasonably, and without limiting the generality of the foregoing will arrange for such bond to be accessed directly by the Municipality in the circumstances required by the Director, acting reasonably. 8. Zn the event that construction costs exceed the estimated costs which formed the basis for monies collected in securities deposited with the Municipality from other developers, the Municipality shall not be required to collect additional monies from those developers if the Director has determined acting reasonably, that collecting the monies would be impractical having regard for the provisions of the relevant subdivision agreements. 9. Schickedanz Bros. Limited and the Municipality will execute an agreement to amend the subdivision agreement referable to Plans lOM-829 and lOM-830 which the Municipality's Director of Public Works, acting reasonably, considers necessary to give effect to any of the foregoing. 10. The offer set out in this letter is accepted by the Municipality and the making of agreements to implement it shall not affect in any way the rights of the Municipality to enforce the securities presently deposited with the Municipality by Schickedanz Bros. Limited pursuant to the subdivision agreement referable to Plans lOM-829 and lOM-830. Mr. Walter A. Evans - 4 - July 9, 1993 11. Time shall be of .the essence of the foregoing. We trust that you are in agreement with these terms and conditions and that the Municipality will consider`tnem favourably. Yours truly, Per: DH:ph /,~ EDANZ BROS. LIMITED ~~ :"~ ~' ~ R. Scdiickedanz ~' 5.26 REQUI RFMENTS El7R CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2) and (3) hezeof, the Town agrees to provide the Owner with a written zelease for the said Lands, referzed to herein as the "Certificate of Release", in a form suitable for registzation or deposit in the applicable Registzy oz Land Titles Office. In addition to any of the requirements contained herein, the Cettificate of Release for such stage shall not be issued until: (1) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario [and Surveyor, approved by the Town, has provided the Tam with written cronfrimation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block crorners, the end of all curves, other than corner soundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by zesolution, acknowledged that the Owner has met all of the provisions of this Agreement. The Ceztificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's zesponsibility for drainage as provided hezein and the Owner's acceptance of the cenditions for applying for Town building permits as provided herein. 5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (1) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized oc External Services, to pay to the Owner that portion of the cost of the Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the capacity of such services estimated to be available after the Omer has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final. In determining the cost of the Oversized or External Services there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedule "P" a sum equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized-or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2$). (2) In the event that payment is zequired to be made under this paragraph by the Town befoze the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized oz External Services. (3) In the event that payment is required to be made under this paragraph by the Tbwn before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate charged by such bank, plus two percent (2B) from the date of the issuance of the Certificate of Cosg:letion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. ATTACHMENT NO WD-44-94 SCHIDULE "P" THIS SCHEDULE IS SCHIDULE "P"'to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. OVERSIZID AND/OR '•.J.TERNAL SERVICES, AND T}tE R.^: *_rfUURSII~1~ FOR THE OVERSIZID AND/OR EXTERIJAI. SERVICES S10RrA771TFT!$ lN1r1AGLifIST1' 1. The Owner's engineer shall prepare a "Cost Sharing P.eport for the Stonnaater Management Works for the West Brandy of the Soper Creek" to the satisfaction of the Director of Public Works. This repot will determine the methodology of the reimbursments, the cost sharirr3 formulas, tFe effective watershed area, the benefitting property owners and any other pertinent factor which contributes to the cost for the construction and implementation of the Stermwater Management Works. 2. All reimbursments to the Cwner for the construction and implementation of the Stormwater management Works shall carply with the provisions of the "Cost Sharing Report for the Stormwater Management Works for the SVest Branch of the Soper Creek" as approved by theDirector of Public Works. 3. The Town agrees to make every effort to collect and reimburse to the Owner from the benefittircj property owners the amounts specified in the "Cost Sharing Report for the Storanrater Management Works for the West Branch of the Soper Creek" es approved by the .Director of Public Works together with interest on the said amounts 'at the Bank of Montreal prime rate plus two percent (2B) the from the date of issuance of the Certificate of Completion far the Stortwatec Detention Facility and Appurtenances. ROAD svcr•c~.~c - 1. The Town agrees to make every effort to collect and reimburse to the Owner fran the developers ofthe lands abutting riann and Dradshaw Streets fifty percent (SOS) of as constructed road construction costs ~as approved by tFre Director of Public works where external developers abut one side of the road and one hundred percent (1008) of as constructed road construction costs as approved by the Director of Public works where external developers abut both sides of the road together with interest on the said amounts at the Bank of Montreal prime rate plus two peroent (28) the from the date of issuance of the Certificate of Completion for the Roads and Above Ground Services. 2. The construction cost of these road works to be rebated is $ 84,746.93 3. The above figure represents the estimated road construction cost based an the engineering drawings as outlined in Schedules "G" and "J" and approved ty the Director of Public Works. Upon completion of the road construction, the 'above estimated cost shall be updated to reflect the "as constructed" meta and subsequently approved by the Director of Public Works. AGREEMHNT made as pE this 10th day at August, 1993. R t['1 WE8N: THE CORPORATION OF THE M]JNIC[PALITY OF CiAR1NCTON '(hereinafter railed the "Munie[patlty") OF THE FIRST PART •and• SCFIICKEDANZ RROS.1"1M1171ll (hereina[ter rolled 'Sehirkerlanz") OF THE SECOND FART WI]EREAS A The parties hcreta tmade au aprccntent as of July 18.1989, ptttsuant m xnbcection SU (5) of the 1983, respecting the aubdivi>on and development of certain laadx now wmp ' g Plans lOM-829 and lOM•830 iu the MualdpaUry of Claringmn, in the Regional uniapality of Durham as an[eudui by the Ftrs[ Amending Agreement toade us of September 20, 1941 (collectively tLe "SabdivlSion Agrcemcat"); B. The Subdivision Agreement rcqulru that the owner shall construt. iustal4 svpetvl5e and maintain all of the Stormwnter Managcmwt Works spcd8ed is the "Masser Drainage Plan and Report for the Wcat Branch of the Soper Creek' (q1e "Stormwgter Management Works'; l'. Sehickedahz is upable [o complete the Stormwatar Management Works In acmrdanre with title scheduled time eet oat in the Subdivision Agreetacnt and hm requcctul char the tscheduling of the Stormwater Management Works be amended la aecnrdance with a letter dated 7uly 1v, 1993, from Schickedanz to the Director of Public Workx of the Mnniripaliry (the "Uirectol"); and D. This Agreement it suthorired by Ry-ktw 93-12U passed by [ha Council of the Mutticipality on [hg 19th day n[ July, 1993. NOW THEREFORE W1TQdESSETH [haz in mnsideratloa of the premise: and covenants hcrcinafter expressed and [he sum of TWO-(52.m)-nOU.AkS of lawful money of Cauada now paid by each; parry [o [he other (the receipt whereof by each parry is hereby aclctwwledged), rite yartie6 herew wvenant and agree tts and with each other as follows: Schickedauz shall: (a) commence nsttuctioa of the Swrmwater Management Works on o[ itefore August 10, ]993; (b) tender for c~nuaet ell of rho Stormwaur Management Works LuutetNately; (c) construct, iriztall and mainmin the ehnnnelizatloa works from fire Maiu Branch of the Soper Qeek to a point just south of the proposed Detention Pond ('Part A`) between July ]5, 1993, and Saptetnber 15, 1943; and ATTACHMENT N0. 5 WD-44-94 (d) construct, tytstall and atalntain the balance of the Stormwater Management Works ("P4tt H'~ bctwceu June IS, 1994, and September 15, 1994. ~. Subject to complidrta by &hickcdattz with this Agreement and with the Subdivision Agroomant as um¢ndcd by this Agreement, rite Munfdpaliry shall wa[irm lltat the Subdivision Agreement b in good atandiug. 3. The Municipality dill isute separate completion ccrd6wtes for each of Parts A and B of the Storrrywater Management Works respecllvcly. 'L11e Muaidpaliry acknowledges tbagit holds «naln seetuitla for the share o[ tlu toss of Parts A and B of the Stormwakr Management Works which am to be paid by other beaeflthtg owners who have Bnkred into subdivision agrecmcnn with the MtmIdpaliry prior to November 2l, 1991(the "coambutions"). Forthwith niter the issttattce o[ campledun cerdflrate for PaztA of the Stormwater Management Works, the Mttnidpality either will entlect the portlon of the contributions referable to Part A of the Swrmwater Management Works from the outer beaefltting owners who have entered lino lire aforesaid Subdivision Agreemenu with the Mmticlpality ar realize the secuitiea posed therefore, anti w111 reimburse Sehickedanz to the extent of the portions of the contributions far Psrt A of the Stomrwater Mattagemeat Works which bout been sa cullectul, provided that !n nn ctse shall the Municipality raimburao Schickednaz a portion of a mnalputlon of a benefiring owners shoe whjeh exceeds that owaeYs share •v' set out In tine Cost Sharing Report for the Storm Water Management Works for the Wcst Branch of The Soper CtteY at finally approved by the Director, Forthwith af[cr !ltd issuattt~e of a completion cetttficate for Part H of the Stormwater Management Works, the Muuicipaliry will use its het[ efforts to collect the balance of the conmbutlottt w be atade by other beneGdng owners referable to Part B of the Swrmwater Matullement WorYa pursuant to Subdivision Agreements made with the Municipality prior to Novctnber 73,1991 ur realize the sewriry posted thuefore, and will reimburse the pmouau so celleckd w Schlckedaaz subject w the same proviso just stored to respegt of the rcimbursemenl of Suhickedanz for part of the cost of Put A of the Swrtttwatbr Management Works. NotwJthstantltng the foregoing, if in the opinion of the Dl}ecwr, acting reasonably, auy OOC or more to the xuhdivtsioa agreemenu untie psrhlch matributiotu arc to be made fur Parts A and B of the Stormwatu Maao~ement Works nod which axreomeuu bxva been made prior m November 23, 1991, the mtuributioru cannot be collected or the xcturitiea posted therefore carrot be realized baforo the completion of Part D of the Sturrrtwater Management Worts, the Muaicipallry wt71 not be rcquucd to callctt and pay sucL contributions to Schickedanz nor roaliza the securities therefore for citlter Pazts A or }i of [he StormWaur Management Works before the issuance of a completiou certificate for Part iB of the Stortttwater Management Works. 4. The Municipality v4i11 support, expedite and enact, nt the earliest possi>ilc date, an amendment to its Development Charge By-law and Front Ending Agreement for the benefiting area tot Yarn A and B of the Stormwater Management Works as determined In the [fast Sharing !report for the Storm Water Management Works for the West Branch of the Soper CYeek as finally approved by the Director, and will expedldousty take till action rn bring them into force, provided that Schickedam will reimburse the Munldpallry itc reasonable case of doing so. In the event that if will take an undue tlmn period w have an amending Development Chazges By-law and Front Ending Agreement come Inht force beause of Ontario Mtmidpal Board Lcarittya relutiag taint Development Charges Aydaw 92.105, the Director of Public Works will rertivnupentl a freestanding Development CJiarges Byelaw and Front Ending Agreetncat~witb a ricw to having The Front Ending Agreement fa force by Lunt 15, 1994. 5. Scltickedaas will oblaia the approval of the Direcor to all tender dncumenu and the construction eontratt for Puru A and H of the Stotmwater Management Works and will make the necgssary umagemcats for the Munidpaliry to be a yarty io rho coasttuaion contrtict for the purpose sad to the extent considered necessary by the Ducaor, provide¢ that the Direc[o[ ant reasonably. 6. Prior to August Ib, 1993, SchlckWartz shall make the necessary arrangements to allow the Muniaip~lity to ux the engineering drawlttgs and zped5eatioas for Park A and B of the $[ormwater Manaxettteut Wurks which have been pceparad by Marshall Macklin Momghnn Limited in dte treat of default by Sthickedaaz In petibrtttiag nay ofl its obllgndons undtir paragraph 1. Schlckedatu will provide the Municipality with hall Mncklia Monaghan Ilntited's acknowledgement of the foregoing provisio of this parngraph and written undutaking w the Munidpaliry to comply w(th th m prior to August 1Q 1993. 7. Schtckedanz will arrange for such performnnee bond in respect of dte coas[NCtion of Pattz A and li gt'the Stormwa[er Management Works as maybe required by the Director, acting reasonably, and without limiting the generality of the foreguiug will atrattge for zuch bond to be accessed directly by the Mutddpality in the cifcumstancez rnltjired by the Director, acting reasonably. e. In the event that cpnztructinn oasts for the Starmwatat Management Works exceed the estimated costs which formed the basis for moniescollectW sad sccuridcs dcptuitcd with the pNunidpal(ty from other benWting owners who have catered into subdivision ugreegtents with the Municipality prior to November 23, 1991, the Municipality shall put he regltlred to mllect additional monies from blase baneSting owners if [he Direaltur has determined, atting reasonably, that collecting tits monies would be bupracli(:al having reyazd for the provisions of the relovant subdivision aArcemeats. 9. Schickcdanz sad hhe Municipality wAl execute an agreement to amend the Subdivision Agree~tant in a form which the Difeetor, aedng reasonably, wasiden aeassnry to give c~fect to any of the toreruing. 10. This Ageenteat sh 1 not affect is any way the righl6 u(16e Municipality in enforce the securities pres ntly deposited with the Municipality by Schickedanz pursuant to the Subdivsion cement. 11. 'l'ime shall be oFthe ossanea, ' 12. Schickedanz acknowledges and agrees that the Municipality has twthuriry to aster into this Agreetnenk that every provision hereof b authorized by Iltc law and is fltlly enforceable by thelpartiu and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of Sehickedanz as aforesaid. 73. Any notice, requesk cottunurdcadon or demand under this Agreement shall be in writing and shall ba considered properly delivered what given or served personally nr by registered mk0 to the Muaidpaliry at 40 Tempernncc Strce; Aowmanvt7lt, Oatazta LI(: 3A6~ 'noon, Uiraetor of Public Works aatl Sdtlekodaaz at 3311 Bayvlew AVennq cite 14i, Willowdale, Ontario M2K 1G4 Attcntion~ Mr. R Schlelcedanz- Suds nnda, request ur demand shall be deemed to have been delivered on the dale it is delivered if given or served personally ar on the third day fulluwSrlg mailiap,l(it is matted Tf at any lime notice is delivered by mail tmd there is any ctssalion (wh~ther antklpated or edst(ng) of mail service affecting the delivery of such noticq dte Autice shall not be deemed to have been delivered until five ($) business dayz after llte date that normal mail service is restorW. 14. This Agreement shzall be govuncd try and wlcryreted !n accordance with the laws of the Province of Oaturio sad the panics submit to llte jurisdiNoa of the coerce of the Province of Ontariq in order to enforce this AgreemetL 75. IE any term, covct~attt or wndttion of tlds AYreemen[ to arty extent is bald invalid or unenforceable, thb xcmaiader of this Agreement shall not be affected thereby and each term, coveat{nt and condition of this Agreement shall he separately valid and enforceable to ihd fullest cxtcnt permtt[ed Ly law, 16. 'this Agreement [pay be executed in several wuulcrpar[s, each of which shall be deemed to he an prigiaal, aad all counterparts shell wnsiiNte one and the lama instmmeat. Thin ;Agreement shall not be binding and in effect unn'I at least one counterpart, duly dxacutul by the Munieipxlity and Schlekcdanz, has been delivered to each parry hadto. 17. Th1s Agreement shall eattre to the benefit of and be bindiaA on tl~e part(es hereto anti [beir respective suceessorc aad asdgns. IN WITNESS WHEREOF [he parties hereto have hereunto uffixcd their corpotaks seals by the hands of the pro~{er officers duty authorized in that behnlf the day and yea[ Qsst above written. 'IHR. CURt•06A1TON OFTHB MUNIt~ALi;Ty OF (`I.A7t1NGTON Bv: !/.D.~A~~'l,/ 5~~>~9~SSFf1f~/GI.Y O Diane Aamre • Mayer C/6 ~~~~ ~~~~ HR K,u FNT SCIIICKEDANZ EROS~TED ~ Tido; rt a n ya e r / c/s Ieha authority to bind the corporation Title: CONTRIBUTIONS PAID OR SECURED TO BE PAID BY OTHER BENEFITING DEVELOPERS UNDER THEIR SUBDIVISION AGREEMENTS FOR EXTERNAL STORMWATER MANAGEMENT WORKS UNDER SCHICKEDANZ SUBDIVISION AGREEMENT FWANCIAL, COl*dTRIBU`TION FAR EXTERNAL 1VORKS __ _ _ _ __ __._ _ (SCHTCKEDANZ'STOR1t~WA,TER MANAGEM~N'T WORDS) DEVELOPMENT MAP (AREA)* AREA (ha) AMOUNTS COLLECTED OR SECURED Newcastle Meadows (Phase 1) 2(B) 5.58 $111,600 Northwest Bowmanville 2(C) 1.24 $85,620 Liza Dev. (includes LD041-044/90) 4(A) & 8.19 $163,860 4(H} Ashdale Capital Corporation 4(B) b.62 $132,400 Durham Non-Profit 4(G) 2.02 $40,400 Veltri -Liberty/Concession 6(A) 1.15 $23,000 Veltri -High Street 6(B) 1.61 $40,400 Penwest Developments 10(A) 10.49 $146,400 Nor-Arm lOM-837 9(A) 6.37 $28,b00 Nor-Arm lOM-838 10(B) 1.46 $74,400 TOTAL 44.73 $846,680 The Map/Area amount references are to the Cost Sharing Report where security has been provided, it is by letter of credit. ATTACHMENT N0. 6 WD-44-94 T88 COAYORATION OF THS MONICIPALITY OP CLARINGTON HY-LAW NO. 99-115 Being a by-law to further amend By-law No. 92- 105, ae amended WBSRSAS in accordance with section 4 of the Development Charges Act, R.S.O. 1990, c. D.9, the Municipality gave notice of a public meeting held on June 27, 1994 to consider proposals to amend By-law No. 92-105 to add certain designated services for specified Benefiting Areas to the designated services in respect of which development charges are payable; WBSRBAS at the public meeting held on June 27, 1994, Council heard all persona who applied to be heard in objection to or in approval of the aforesaid proposals and considered all writter. communications; WHSRHAS Council considers it expedient to amend Hy-law No. 92-105 ae set out below; NOW TSHRHPORH THS COUNCIL of The Corporation of the Municipality of Clarington enacts ae follows: 1. By-law No. 92-105 as amended by By-law No. 93-74 is fur her amended by: (a) adding at the end of clause 1(1)(i) the words 'and "Benefiting Areas" means an area identified as a "Benefiting Area" on a map contained in Schedules "A-1", "A-2" or "A-3" attached to and forming part of this By- law'; (b) deleting from clause 1(1J (o) the words figure and letter 'section 4 and Schedule "b" and "either"' and repl ac inc them with the words figures and letters 'subsection 4(1), subsection 4(2), Schedule "B" and Schedules "H-1", "H-2" or "8-3" as may be applicable', and adding after the words 'Town and Newcastle Hydro development charges areas' the words 'or a Benefiting Azea'.; (c) renumbering section 4 ae subsection 4(1) and adding anew subsection 9(2J ae follows: "4(2) The designated services for the purposes of this Hy-law which pertain to a Benefiting Area are set out in Schedules "B-1", "B-2" and "B-3" attached to and forcing part of this Hy-law"; (d) adding at the end of section 13 the words 'with respect to designated services which pertain to a Benefiting Area'; (e) adding new Schedules "A-1", "A-2" and "A-3" which are deemed to be attached to and forming part of By-law No. 92-105, as amended, with the content of Schedules "A-1", "A-2" and "A-3", respectively, attached hereto; and (f) adding new Schedules "H-1", "B-2" and "B-3", which are deemed to be attached to and forming part of By-law No. 92-105, as amended, with the content of Schedules "B-1", "B-2" and "B-3", respectively, attached hereto. - 2 - BY-LAW read a first and second time this 18th day of July, 1994. BY-LAW read a third time and finally passed this 18th day of July, 1994. MAYOR CLERK i ~C~~AJIJA~L~ ~®1~~ ~a :~_ 1 ~ I'L~J I~ -r 1- Benefitting area .-etfl ~~~ ~~ I~~ ~, b ~i ~,, ~-, ,,%%i' , , '; : ,' %, ~, ,,~ h i ~ 5 -'-----Limits of watershed doom som o ii SC~IED~ILE "A®3" Tucker Road ~® ~~ i i -ii.i ii/ ii. ~. C ~ %' %~i ~i ~~ ~ '~ i/ N ~ ii'ii ~i // ii i/'i ii /~ // / /~ /~ / /~ /i / i / /i /iii ij ii /i'~i t reet !ii;/iii~~'~!'i'~i ~ 0 /'i/'ii'i 'i'~i'~i'i ~ ii i, , ii ii ~i / ' cn i ii'ii i~ iii ii ii iiii a ii!/i~i!/~i. o 'i'i/ij i~iiiiii ij ~i ~i !i'i ii ~i ~ii'i ~j!i iii ~i~ ~i~ ~i iii ~i~ J ession Street East 0 20 40m tting area tom o SCHEDULE "B-1" 1. Stormwater Management Works from CPR Tracks to Apple Blossom Boulevard. 2. Stormwater Management Works from Concession Street to Soper Creek. SCHEDULE "B-2" 1. Mann Street Storm Sewer Oversizing Works from Apple Blossom Boulevard to south of Concession Street. h} '+ SCHEDULE "B-3" 1. Mann Street Road Reconstruction Works north of Concession Street, including storm sewers, road preparation and paving, curbs, sidewalks and sod.