HomeMy WebLinkAboutPD-169-93 AddendumTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting: Council F11e
Date: Monday, December 13, 1993 Res. #—
Addendum to By -Law
report, PD- 169 -93 File #: DEV 90 -078
Subject: SERVICING AGREEMENT WITH 829426 ONTARIO INC. (MARKBOROUGH
PROPERTIES INC. AND WEST BOWMANVILLE DEVELOPMENTS) AND WILLSONIA
INDUSTRIES LTD.
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Council pass a by -law to authorize the Mayor and Clerk to
execute on behalf of the Municipality servicing agreements
with:
(a) 829426 Ontario Inc., Markborough Properties Inc., Martin
Road Holdings Limited, West Bowmanville Developments Ltd.
and Royal Bank of Canada; and
(b) Willsonia Industries Ltd. and Darlington Properties Inc.
which apply the recommended principles set out below relevant
to their respective lands and incorporate such other
provisions as the Acting Chief Administrative Officer in
consultation with the Directors of Planning and Public Works
and the Municipality's solicitor considers to be necessary to
protect the Municipality's interest.
1. BACKGROUND:
1.1 Further to Report PD- 169 -93, staff and the Municipality's
solicitor have prepared proposed principles to be incorporated
in Servicing Agreements with the Municipality which are
intended to be executed by (1) 829420 Ontario Inc.,
Markborough Properties Inc., West Bowmanville Developments
Ltd. and Royal Bank of Canada (the " Markborough Lands ") and
(2) Willsonia Industries Ltd. and Darlington Properties Inc.
(the "Willsonia Lands "). The Agreements would also be
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ADDENDUM TO REPORT NO.: PD- 169 -93 PAGE 2
executed by any other persons who own interests in the
Markborough and Willsonia Lands respectively on which new
streets are proposed by OPA No. 56.
1.2 The recommended principles to be incorporated in the servicing
agreement in respect of the Markborough Lands are the
following:
(a) Transfer to the Municipality of:
1. all roads shown on OPA No. 56 and lying within the
Markborough Lands including the right of way for
Street G;
2. any necessary easements for storm sewers,
catchbasin, stormwater management, etc., as will be
required after submission to and approval by the
Director of Public Works of engineering drawings
for the roads and other works;
3. an option to purchase for a nominal consideration
the grid right of way on the proposed retail
shopping facility lands exercisable in accordance
with the provisions of OPA No. 56 together with an
easement for a pedestrian walkway through the
retail shopping mall to provide access from the
south.
(b) Similar principles to those reflected in the
Municipality's core (standard) Subdivision Agreement
respecting the design, construction, installation,
maintenance and security for the performance of
obligations concerning the works and their maintenance
for appropriate maintenance guarantee periods.
...3
ADDENDUM TO REPORT NO.: PD- 169 -93 PAGE 3
(c) Security for the payment of appropriate contributions to
the Municipality to assist in the upgrading of Green Road
south of Highway No. 2 to proposed Street A and to assist
in the construction and installation of suitable
streetscape features on the portion of Green Road and
Highway No. 2 adjacent to the proposed retail shopping
facility.
d) Irrevocable consent that the relevant parties will enter
into an agreement with the Municipality incorporating
appropriate terms of the Servicing Agreement as a
condition of severance or subdivision approval under the
Planning Act.
e) Payment of all taxes, local improvement charges, drainage
charges, development charges and engineering and
inspection fees.
f) Insurance and indemnification of the Municipality for all
costs incurred.
1.3 The recommended principles to be incorporated in the servicing
agreement in respect of the Willsonia Lands are the following:
(a) Transfer to the Municipality of:
1., all roads shown on OPA No. 56 and lying within the
Willsonia Lands;
2. any necessary easements for storm sewers, catchbasins,
stormwater management, etc., as will be required after
submission to and approval by the Director of Public
Works of engineering drawings for the roads and other
works. ...4
ADDENDUM TO REPORT NO.: PD- 169 -93 PAGE 4
(b) Similar principles to those reflected in the Municipality's
core (standard) Subdivision Agreement respecting the design,
construction, installation, maintenance and security for the
performance of obligations concerning the works and their
maintenance for appropriate maintenance guarantee periods.
(c) Security for the management of appropriate contribution to the
Municipality to assist in the construction and installation of
suitable streetscape features on the portions of Highway No.
2 adjacent to the Willsonia Lands;
(d) Irrevocable consent that the Owner enter into an Agreement
with the Municipality incorporating appropriate terms of the
Servicing Agreement as a condition of severance or subdivision
approval.
(e) Payment of all taxes, local improvement charges, drainage
charges, development charges and engineering and inspection
fees.
(f) Insurance and indemnification of the Municipality for all
costs incurred.
1.4 We also recommend that Council authorize the inclusion in the
Servicing Agreements of such other provisions as the Acting Chief
Administrative Officer in consultation with the Directors of
Planning and Public Works and the Municipality's solicitor
considers to be necessary to protect the Municipality's interest.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
DC *FW *jip
December 13, 1993
Recomm�ded for presentation
to�nhe , ommittee
brie Marano, Acting
Chief Administrative
Officer
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ADDENDUM TO REPORT NO.: PD- 169 -93 PAGE 5
Interested parties to be notified of Council and Committee's decision:
Mr. William J. Daniell
The Kaitlan Group
1029 McNicholl Avenue
SCARBOROUGH, Ontario
M1W 3W6
Mr. John E. Davies
Shopping Centres Group
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
TORONTO, Ontario M5G 2J2
Mr. Glenn Willson
Willsonia Industries Ltd.
P.O. Box 488
140 Bond Street West
OSHAWA, Ontario
L1H 7L8