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HomeMy WebLinkAboutWD-32-93 Addendum THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE F i I e # ) Date: JULY 19, 1993 Res. #U-1-- ADDENDUM TO Fly-Law# Report#:__ND_-32-_9_3_ File #: _B4O2,J_0 001 Subject: SCHICKEDANZ SUBDIVISION, PHASES I AND 2, PLANS 1OM-829 AND 1OM-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 effect 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 REPORT NO. : ADDENDUM 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. Limited 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 execute the agreements, which 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 ATTACHMENT No. l: Correspondence dated July 19, 1993, from Schickedanz Bros . Limited. 2.0 BACKGROUND 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 i I REPORT NO. : ADDENDUM 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, VU v. Walter A. Evans, P.Eng. , Lawrence E. Kots/e f, Director of Public Works Chief Administra�tIV e Officer DH*ph July 19, 1993 Attachments 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 I I I i July 19, 1993 �I I 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 1OM-829 and 1OM-830, Bowmanville Community, Municipality of Clarington ( "Municipality") Further to our meeting of July 15, 1993, regarding the 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 i ATTACHMENT NO. 1 ADDENDUM TO WD-32-93 i 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 By-law and Front Ending Agreement with a view to having the Front Ending Agreement in force by June 15, 1994 . i 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 o1al-Igations 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 . In 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 1OM-829 and 1OM-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 j 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 1OM-829 and 1OM-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-them favourably. Yours truly, SCHICKEDANZ BROS. LIMITED �z Per: ' 1�e4anz R.. S rh�i�c DH: Council Minutes - 4 - July 26, 1993 Resolution #C-561-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski 1. THAT Addendum to Report PD-60-93 be lifted from the table; 2. THAT Resolution#C-443-93 as approved by Council on June 14, 1993 regarding staff Report PD-60-93, be rescinded; 3. THAT the "Phase 2: Development Options" Report prepared by Berridge Lewinberg Greenberg Ltd., for the Main Central Area study be received; 4. THAT the following principles for the future development of the Bowmanville Main Central Area be endorsed: i) Recognition of Bowmanville and its Main Central Area as a Regional Centre; ii) Phasing of new retail development in the West Main Central Area based on population growth; iii) Development of a grid and block system for structuring the West Main Central Area; 5. THAT, notwithstanding the above, the following levels of commercial floor space be permitted within development applications upon completion and approval of the Secondary Plan and Urban Design Plan for the West Main Central Area: i) A maximum of 200,000 square feet of gross leasable floor area on lands subject to application by Markborough Properties Inc. and West Bowmanville Developments Ltd.; ii) A maximum of 40,000 square feet of gross leasable floor area on lands subject to application by Willsonia Industries Ltd.; iii) A maximum of 2,900 square feet of gross leasable floor area for a restaurant by McDonald's Restaurants of Canada Ltd. on the lands owned by Ghod's Builders Inc.; 6. THAT Scenario 3 - Highway 2 Commercial be endorsed as the preferred development option for the West Main Central Area with the following exceptions: I i Council Minutes - 5 - July 26, 1993 i) THAT the residential component for the lands subject to applications by Markborough Properties Inc./West Bowmanville Developments Ltd., and Willsonia Industries Ltd., be designated retail commercial with optional residential or mixed-uses; ii) THAT the proposal by Markborough Properties Inc. and West Bowmanville Developments Ltd., be permitted to proceed generally in a plaza format subject to: - site plan approval in accordance with the Urban Design Plan; - the inclusion of a minimum of 25,000 square feet of gross leasable floor area in the first phase being located adjacent to the frontage of Highway 2 in Block 12; - the main north/south and east/west internal circulation routes be designed with a minimum width of 20 m; and - approval of all entranceways and road intersections by the appropriate road authorities; 7. THAT, prior to passing a rezoning by-law for Applications DEV 88-99 and DEV 88-54, Markborough Properties Inc./West Bowmanville Developments Ltd. and Willsonia Industries Ltd. be required to provide letters of commitment to the Municipality in a form and with a content satisfactory to the Administrator to: i) Fund a marketing and renewal study for the Bowmanville Business Improvement Area, with terms of reference developed in consultation with the funding landowners to a maximum of$25,000 to be paid to the Municipality. If the study is not undertaken, the aforesaid sum shall be added to the first year's annual contribution for marketing and promotion; ii) Provide a one-time contribution to the Municipality of Clarington of $250,000 due prior to the issuance of building permits, to assist in the implementation of the CAUSE recommendations regarding physical improvements to the downtown, including but not limited to, providing additional off-street parking and streetscape improvements; iii) Provide an annual contribution of$10,000 for a period of 10 years, adjusted to inflation on the basis of the C.P.I., beginning in the first year of operation to the Bowmanville Business Improvement Area, to be used for the purposes of marketing and promotion; i I I Council Minutes - 6 - July 26, 1993 iv) Co-ordinate marketing efforts and special events with the Bowmanville Business Improvement Area to cross support both business areas; v) All funds required shall be apportioned to the above parties on the basis of gross leasable floor area and shall be secured by an unconditional and irrevocable Letter of Credit to be delivered to the Town's Treasurer on or before August 31, 1993; 8. THAT site plan application DEV 90-78 submitted by Markborough Properties Inc. and West Bowmanville Developments Ltd., be deemed premature and that the applicants be advised to submit a revised site plan which would conform to the Secondary Plan and Urban Design Plan currently under preparation for the purposes of circulation in accordance with the Municipality's standard procedures; 9. THAT the Town Solicitor be authorized to represent the Town at the upcoming Ontario Municipal Board hearing subject to all legal and professional consulting costs being borne by Markborough Properties Inc. and West Bowmanville Developments Ltd.; and 10. THAT the Durham Region Planning Department, all interested parties listed in Report PD-60-93 and any delegation be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Dreslinski Councillor O'Toole Councillor Hannah Councillor Scott Councillor Hooper Mayor Hamre Councillor Novak CONFIRMING BY-LAW Resolution #C-662-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce By-law 93-123, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington, held on this 26th day of July 1993, and that the said by-law be now read a first and second time. "CARRIED ON THE j FOLLOWING RECORDED VOTE" i