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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 ...2 Y��EO F Eq P {S IS PgINIED CN ftECYCIED PAFEq 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 ...5 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