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
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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
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July 19, 1993
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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
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ATTACHMENT NO. 1
ADDENDUM TO WD-32-93
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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 .
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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:
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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;
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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"
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