HomeMy WebLinkAboutWD-32-95 THE COXJ�'O� IO OF THE MUNICIPALITY OF CLARINGTON
XXXX {IZ<; � hIXI XX
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # V ,�
Date: July 10, 1995 Res. # ai ' `9 7f(
Report#: WD-32-95 File #: B. 02 . 10. 001 Dy-Law#
Subject: PROPOSED FRONT—ENDING AND OTHER AGREEMENTS BETWEEN THE
MUNICIPALITY OF CLARINGTON AND SCHICKEDANZ BROTHERS
LIMITED RESPECTING STORMWATER MANAGEMENT AND OTHER
WORKS REQUIRED BY THE SUBDIVISION AGREEMENT FOR PHASES
1 AND 2, PLANS 1OM-829 AND 1OM-830
Recommendations:
I
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-32-95 be received;
2 . THAT Council amend Resolution #C-499-94 by which Council
adopted the recommendations contained in Report WD-44-94 at
its meeting on July 18, 1994 by deleting recommendations 5(f)
and 6 contained in the Report and by replacing them with the
following:
5(f) an agreement to amend the Subdivision Agreement
between the Municipality and Schickedanz Brothers
Limited dated July 18, 1989 to release the
Municipality from performance of its obligation to
endeavour to collect contributions from benefiting
owners under paragraph 5 .27 and Schedule "P" of the
Subdivision Agreement to be effective in respect of
the particular "Works" referred to in a front-
ending agreement which is authorized by
Recommendations 5(a) to (d) ( 1) when the particular
front-ending agreement comes into effect under the
Development Charges Act, (2) the indemnity
agreement referred to in Recommendation 5(e) has
been executed, and (3) the payment(s) referred to
1029
RPYCL
4P EIqD ECP IER
iHiS IS PRNiED QY RECYCLED PAPER
REPORT NO. : WD-32-95 PAGE 2
in the indemnity agreement referable to the front-
ending agreement(s) which have come into effect,
has been made to Schickedanz;
6 . THAT the Treasurer be authorized to pay to
Schickedanz Brothers Limited the contributions
provided for under the subdivision agreements
listed in Attachment No. 5 when the agreements
referred to Recommendation 5(e) and 5(f) have been
executed by Schickedanz Brothers Limited and the
Municipality; j
3. THAT Council approve the making of the agreements referred to
in recommendation 2 between the Municipality of Clarington and
Schickedanz Brothers Limited and Royal Bank of Canada, and
pass by-laws to authorize the Mayor and Clerk to execute the
agreements on behalf on behalf of the Municipality;
4 . THAT Council pass by-laws to repeal By-law Nos . 94-119
and 94-121; and
5. THAT a copy of this Report WD-32-95 be sent to Schickedanz
Brothers Limited.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Report WD-44-94
2.0 BACKGROUND
2 . 1 The subdivision agreement between the Municipality and
Schickedanz Brothers Limited ( "Schickedanz" ) respecting the
lands subject to Plans 1OM-829 and 1OM-830 was registered on
July 24, 1989 . Under this agreement, in addition to local
works required for the development of the lands within Plans
i
1030
REPORT NO. : WD-32-95 PAGE 3
1OM-829 and 1OM-830, Schickedanz is required to construct
external and/or oversized works which comprise ( 1) stormwater
management works, (2) the oversizing of the storm sewer on
Mann Street to accommodate upstream development, and (3) the
reconstruction of Mann Street. The stormwater management
works and the Mann Street 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 and approved by the Municipality. A number of
owners within the drainage area, in addition to Schickedanz,
will benefit from stormwater management works and the storm
sewer oversizing works. Similarly, owners of land other than
Schickedanz will benefit from the reconstruction of Mann
Street. In the subdivision agreement, the Municipality agreed
to use its best efforts to collect contributions to the cost
of the external and/or oversized works from benefiting owners
as they developed their land in accordance with a Cost Sharing
Report approved by the Director of Public Works.
2 .2 The Mann Street Road Reconstruction Works and the Mann Street
Storm Sewer Oversizing Works has been constructed by
Schickedanz . Construction of portions of the stormwater
management works has also been completed by Schickedanz.
Financial contributions from other benefiting owners in
respect of particular works have been received by the
Municipality.
2 . 3 As is explained in Report WD-44-94, because of the enactment
of the Development Charges Act subsequent to the registration
of Plans 1OM-829 and 1OM-830, staff recommended that several
agreements and amending agreements be authorized by Council.
Staff also recommended that the necessary by-laws be passed
under the Development Charges Act in order to permit the use
of Part II of the Act respecting front-ending agreements to
collect contributions of front-end payments made by
1031
i
REPORT NO. : WD-32-95 PAGE 4
Schickedanz from other benefiting owners . Recommendation 6 in
Report WD-44-94 was that once all of the agreements referenced
in the recommendations contained in Report WD-44-94 are
executed and in the case of the front-ending agreements came
into force under the Development Charges Act, the monies that
have been collected by the Municipality from benefiting owners
would be paid over to Schickedanz. Subsequent payments to the
Municipality by benefiting owners of portions of the front-end
payments would also be made to Schickedanz from time to time
as money is collected.
2 .4 The front-ending agreements respecting the stormwater
management works of benefit to the owners of lands in the
lower watershed and the upper and lower watershed of the West
Branch of the Soper Creek, respectively, have been executed by
all parties and are in force under the Development Charges
Act. Unfortunately, Schickedanz experienced a delay in
obtaining the execution of the Mann Street Road Reconstruction
Front-Ending Agreement and the Mann Street Storm Sewer
Oversizing Front-Ending Agreement by its mortgagee the Royal
Bank of Canada. The Agreements have recently been executed by
Schickedanz, Royal Bank of Canada and the Municipality.
Notice of the execution of these agreements soon will be given
to benefiting owners pursuant to Part II of the Development
Charges Act. Any owner within a benefiting area to whom
notice is given may object to the Agreement(s) in question and
have his objection heard by the Ontario Municipal Board.
Until the Municipal Board makes a decision to dismiss
objections to an Agreement, it will not come into force.
Therefore, if objections are made to either or both Mann
Street Agreements a considerable delay in occurrence of the in
force date of the Agreement(s) could take place.
2 .5 Recommendations 5(f) and 6 contained in Report WD-44-94 in
effect provide that the Treasurer can only pay monies that
i
1032
REPORT NO. : WD-32-95 PAGE 5
have been collected by the Municipality under the subdivision
agreement between the Municipality and Schickedanz respecting
the external and/or oversized works when all of the front-
ending agreements are in force and the other agreements
referred to in the Report have been executed. The Treasurer
is not authorized to pay monies that have been collected for
Schickedanz until the latest of the Mann Street front-ending
agreements comes into force.
2 . 6 Schickedanz has incurred considerable expense to date in
front-ending the costs of constructing the stormwater
management works . In staff's opinion, it would be appropriate
to amend the authority previously granted by Council's
adoption of the recommendations contained in Report WD-44-94
to permit the payment to Schickedanz of the monies collected
to date by the Municipality in respect of the stormwater
management works and make payment to Schickedanz immediately,
rather than deferring payment until both of the remaining two
front-ending agreements respecting the Mann Street works have
come into force under the Development Charges Act.
2 . 7 In order to authorize the Treasurer to pay the monies that
have been collected by the Municipality in respect of the
stormwater management works to Schickedanz immediately, two of
the recommendations (5(f) and 6) contained in Report WD-44-94
will have to be amended and new authorizing by-laws will have
to be enacted to replace By-laws Nos 94-119 and 94-121. The
latter by-laws authorize the making of the agreements referred
to in original recommendations 5(f) and 6 contained in Report
WD-44-94 .
3.0 CONCLUSION
3. 1 It is respectfully recommended that Council rescind and
replace recommendations 5(f) and 6 contained in Report WD-44-
94 with the following:
1033
REPORT NO. : WD-32-95 PAGE 6
5(f) an agreement to amend the Subdivision Agreement
between the Municipality and Schickedanz Brothers
Limited dated July 18, 1989 to release the
Municipality from performance of its obligation to
endeavour to collect contributions from benefiting
owners under paragraph 5.27 and Schedule "P" of the
Subdivision Agreement to be effective in respect of
the particular "Works" referred to in a front-
ending agreement which is authorized by
Recommendations 5(a) to (d) ( 1) when the particular
front-ending agreement comes into effect under the
Development Charges Act, (2) the indemnity
agreement referred to in Recommendation 5(e) has
been executed, and (3) the payment(s) referred to
in the indemnity agreement referable to the front-
ending agreement(s) which have come into effect,
has been made to Schickedanz;
6 THAT the Treasurer be authorized to pay to
Schickedanz Brothers Limited the contributions
provided for under the subdivision agreements
listed in Attachment No. 5 when the agreements
referred to in Recommendation 5(e) and 5( f) have
been executed by Schickedanz Brothers Limited and
the Municipality;
I
and pass the necessary by-laws to authorize the making of the
agreements referred to in these replacement recommendations.
Respectfully submitted, Reviewed by,
Stephen A. Vokes, P.Eng. W.H. Stockwell
Director of Public Works Chief Administrative Officer
SAV/ASC/wc
1034
i
REPORT NO. : WD-32-95 PAGE 7
July 5, 1995
pc: Schickedanz Brothers Limited
3311 Bayview Avenue
Suite 105
Willowdale, ON. , M2K 1G4
i
I
i
I
1035
SCHI CKEDANZ BO
18T-8705 _
SCHICKEDANZ
I FF NORTH
S UBDI VI ON
I OM-830
Li 7 -8
tLi
onn
vu
MU TON LANDS
98 -89065
O
RM WATER
A GEMENT VA
W KS � � a
C:\ATTACHS\CLARKE\40RI4229.DWC
DRAWN BY, JM DATE: JULY 1994
ATTACHMENT N0.
WD-32-95
1036
THE XOX� � gX XT WRMFY'. T� -RxXGTON
REPORT
Meeting: COUNCIL File #
Date: July 18, 1994 Res. #
By-Law#
Report#: WD-4 4-94 File #: $.02 . 10.001
Subject: PROPOSED AMENDMENT TO BY-LAW NO. 92-105, THE DEVELOPMENT
CHARGES BY-LAW AND PROPOSED FRONT-ENDING AGREEMENTS BETWEEN
THE MUNICIPALITY OF CLARINGTON AND SCHICKEDANZ BROS. LIMITED
RESPECTING STORMWATER MANAGEMENT AND OTHER WORKS REQUIRED BY
THE SUBDIVISION AGREEMENT FOR PHASES 1 AND 2 PLANS 1OM-829
R@COmmend S10M-830
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:
i
1037
ATTACHMENT No. 2
®, „ WD-32-95
REPORT 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
1038
REPORT 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 : Key Map
No. 2 : Report WD-32-93
No. 3: Addendum to Report WD-32-93
No. 4 : Extracts from Subdivision Agreement
I
No. 5: Agreement between the Municipality and Schickedanz
Bros. Limited dated August 10, 1993
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 BACKGROUND
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 1OM-829 and 10M-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.
I
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
i
was made as of August 10, 1993 (Attachment No. 5) . The
1040
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. ,y
This agreement also was made by theP arties.
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 REVIEW AND COMMENT
3. 1 Sharing of Costs 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 Y:
shared by all of the benefiting owners. . ..Upon a developer of
lands outside of the Schickedanz lands •IOM-829 and-'. 10M-830
connecting to the external and/or oversized services, the:.
Municipality agreed :�to endeavour. to' `pay:?�x;to-.Schickedanz., that
portion .�of : the cost of the services that"'is :equal:``oto:Ahe :�,
proportion of. the excess capacity of such`:.services
to be-! utilized by ' Schickedanz after Schickedanz.•..b s 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 beprepared by Schickedanz' engineering consultant and
approved by the Director. For its part, the Municipality i
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 s
prime interest rate plus 2% from the date of issuance of the
.1041
REPORT NO. : WD-44-94 PAGE 6
Certificate of Completion for the stormwater detention
facility and appurtenances.
3.2 Enactment of Development Charges
Late 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
i.mpediment . 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 Benefiting Property Owners to Pay their Share.
Prior to November 23, 1991,`:in ' performing its obligation to .; }s
:<:,endeavour to collect .fromother;benefiting:owners! connected
the' externa externalf:sand/or oversized:: services ` under:: subdivision F : ..{
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 i
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
r.
��•0)2'
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) .
41
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 r,
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 �i
Agreement between the Municipality and Schickedanz of August
10, . 1993 Schickedanz has constructed Part A of the stormwater i>}
management works. Part B is 'required to be constructed and.
completed in. 1994. These works are located south of the CPR ' rV
'tracks. However, ortions 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 ti
Pond" ) to be constructed on Schickedanz lands north of the CPR ;
tracks. These lands have not yet received draft plan of +i
i
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
43
REPORT NO. : WD-44-94 PAGE. 8
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 & Preparation of
Front-Ending Agreement .4
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 f.
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 }.a
between: the Municipality and, ans;ownerrwunder..,.which ,the
;,would.. front-eiid ..the...c.ost .of a parzticular..;-service or services ,{;.=,r� is,f, "
b and;'.;;after thea agreement' became`4 ,bffective, ;others benefit.in
owners would be quired to pay. fa} porti:on :ofi�{the front-end f <.� � +:
payment::.to the Municipality in $iaddit.ion.,to:-:the :development
charge when they develop their lands. The Act:.requires the .:, a°
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 a.: r
list of services prescribed in the By-law,: the external and/or
oversized services in question, that is ,the stormwater::;' a
'I n)
REPORT NO. : WD-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 ,Tune 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 Property Management Respecting Financing
Charges
Mrs. Debbie Clarke represented the third delegation, Valiant
Property Management, . and" .expressed concerns. respecting ;the. ; ,
financing ,charg'e's :-provided -for. in the ,;Cost ;Sharing; Report 3
respecting the Stormwater. Management Works 'anA: the 'Mann Street a:'=
7<t
Storm Sewer, 0 ersizin Works: Subsequent#lyyCannel^la
.of t ,z7'. 1(pY.Yv: . i�i,.' :�1 � tt'... >�� t .�. '�i'� .
. he,, Department. .of;.YPublic'.: Works` metrtiwithMr. Bob tHannr :and�l'rl.�, <•: _
other, representatives of Property� Management'.,t
Hann'. now <has advised ::'that : his .concerns4 respect ing:.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 t'o interested persons .,who: .
have requested copies of them. The -information contained. in'..
these reports was .-, used in preparing :the Front-finding
Agreements between tthe Municipality°r; and Schickedanz
1045
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 Financing 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
ost:of installation of these services for financing charges
calculated annually at the highest prime interest rate plus 2%
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
y{
• include reasonable financing -.charges to that date ;..but {
- thereafter interest will- not ,'be charged.`: However) e:.thcost of
`l
:installation, ,wi.11 be "indexed in a��`similar manner :
indexing of the: devehopment .charge's' under the ' Development ;
,.
;. Charges.: By-law: v .
i
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 2% on the expenditures actually made to :`'z�-
the date of the front-ending agreement. This will produce
lower amount of financing charges than would be the case if
financing charges were based on. the highest prime. rate of
1046
REPORT -NO. : WD-44-94
PAGE 11
interest in each year plus 2% calculated on the expenditures
made by Schickedanzo . The two Cost Sharing Reports will be
changed accordingly before they are approvedl
3. 13. Front-Ending Agreement 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
y
North�, s Pond,?, cannot be;,,determined t „ this time,
g
recsomine.nded that a;front,,endin ;agreements for this;,service; not
;,:;beW authorized until;'the;' .timing .of.. its construction, has!,been
;,established. Front-:ending,_.agreements* for heJat other
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. :r
t -
. 14
3.14 Duration of Front�Endin g ents•
r ,i •. g A ream
r rvWith the excepl}ripnof .the Mann;j Street; Road, Rec
lon '
onstructsa s
� 5! 1. �' .:.." •.. . .., .r k, . .. i' ::. t8 r i '. t, ,��f,f
orks FrontE<n< djip{gAgreement which hast5a recommended yterm ofa;i r`tt�t'`t�`A
s ten 10 » earsi °each of ;the,-`other tQ f ront endin a reements.:is
t. tf .
recommended�, to have. :terms `of r(twenty (.2 0) A years which
considered.. to be a. reasonable `period ': of time within which
development. of the benefitin
g ;..area, can be anticipated to
occur. C r
,3.15-Draft.-Front-Ending Agreement Implement Cost- Sharing 'Reports' to
Changes
e f ....T
The draft front-ending agreements, to implement:..th.e relevant
Cost . Sharing Report, as changed pursuant to paragraphs 3.12
and, 3.13 of. this Report.
_ 1047 • '
1't
REPORT NO. : WD-44-94 xPAGE:'12 s , ?•
3. 16 Copies of Draft Agreements on File ,
Copies of the draft front-ending agreements are lengthy''and:.::,
for this reason have not been reproduced• wiith this•= Report.�i.-4,0
They .are on file with and .are available' for examination nthe'.rt ; ;<<t
Public Works Department:
3.17 Agreements Reduce Schickedanz' Legal:"Rick 3 i
If authorized by Council, the front-ending agreements'. will
provide a legally enforceable means,by which contributions for z 94,F
other benefiting developers will-,be required•to:be :made .when
'=•:'those developers .` ecide':;-to:'.develop 3 their- ands•so ,will
•:reduce ;the`iaegal 'risk of Schi:ckedanz that contrsbuti.onsG�<to
. `works 4whi.ch f,it hasV'''front endedF2}.will", notO be made��by���other
benefiting owners.' ' This is":,-fair 's"ince the ,risk°-resul :•::
Ttlie `''Development Chargesi Actw fqr A'whicht Sahickedanz r:is not :p
f:: . r�'7t 1 ..l"y, a 5 }} ! 3 ..A.. i �T5 :=;.1F3. kfl ti�2. { .. t�.,} •r ,7 n
responsible.
3.18 Deletion 'of Endeavour• to Collect from' Subd�.vision Agreement
:development. takes place either��beforew;'or'"':afterfthe;xexpi:ry� r � }�a�a
"3.7�1��.Y�'`•:S� + ��r�: l t' '.":• ` :t .•t ... .,, "".t� •S.. t a•' i; fii',x1� ri•�A�,y.{ } f,.
'the term'�of the:t front` endingagreement�'�.n, ,question} ;the �ar`, , ,
to:' 1l..i at"4 rt l f= tt t y. .: A!•r4 �7ir O
i?.iF.i"{ TN=•fi?-i X`,rl: •• •,: �.'t „i "'�1 � �1 taA.<i'�"�i':•: t tL.l8Y +�}• stzt 5' �• ". _1�'� '"; '4 �....;,io
� g .4--cipal 'tyjj tphould` , bei tinder' tnd,;.f fur, e�ay, obligation. 'l to ,k
11t1" `! •?"i7�.VV`
''i, 'r„,• s 2,'t.
•3�y(z� �{ �� .�. t. , ���':•�: '� {_ � ,�,." .4,� { e L Ar krii..r..Yt. ro;;.i'4. If,
�s Schiokedarizto, end'eavour.,rto �olle'ct yacLontr'�:bution froma:
f',I,i;,." ?i .r' 7r..?,._ .:*4 .+x. t r ,,tfa- ,;.• rX { r.,.,`-F. •Y>r:,i,ult s.,•}A'} . .: t r'i,,3; T .?,. t t''"r`
i ;b•
;,: v {.t" '' s "�+;7j�"�1tt.Y,+t.. ;z. .'. �' S� t., i•,''',`{T.'7.1a'�lf se. t ,, t{.o{;t. ;'.aii.r,
�t�:�L:
v "> .' - '. '(�44 y1 4 t.• "" 'l.r 7 4fJi "LJ [., iN :, AC.
< y., Y,i •ftrt,,.t'l i•� y • • iF ti eN F{ <,r,l'r.;rs y Sy r }r • �•�, }t�rKz,Ft{ < t ,{.=ic',' `1 C tt''9
vdh�4 jyq ._ , ibenefi:ting,,;�`,;developer• under; L_then yTSubdi�ris on Agreement: ,fir s
{,5,,7t.. 'l i}rC'. „1::. i� . .•{i +?jr't1 .71.,){i�ft.p`I$!`N} `e' iJ' >:.:j r f:t
+:*}'1;i` 1)
.}st�4F,N,,.y.:r;rs" ",• ;.fy i..•``" •1 c, t ..+Y.•..g ..,�': ,.a. .p-•{ .'yi .*� a.
' �r tri�E , �_ According'ly;; .:it�Y.is ~reaommendedFthat 1�Councilr�Fautlorize;pS.the. ti a.
; ;
Schickedanz Subdivision`'Agreement' to be' amended';to delete" h_,:_ :.;
obligation of- the .Municipality to, endeavour•` to 'collect- under,.; . ,..
paragraph 5.27 and Schedule. "P", said '.'aimendment to :_ be . ::
effective. •.when, the front-ending agreements <'and , i ndemnity'::;..
agreement' re'commended`in=Report:WD-44 94--aome. into:effect•.:and
the contributions referred .to',in Attachment No. 5 have:: been
"paid: to Schickedanz.
04 4
,
t ,
REPORT NO. : WD-44-94 PAGE- 13
3.19 Indemnification of the Municipality and Payment of z:
Contributions Already 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,
($211700.22 per ha. ) if the contribution's had been made after
the final Cost Sharing;.Reports had, been: approved. : .As a
condition P Ym y'
precedent to the a ent of monies b the:
Municipality to Schickedanz, -however, it `is- recommended that, 9
<agreement be made betweenMunicipal'
3 J
the Municipality :and',Schs.ckedanz � ,
to provide ;for `the`..indeinna.flcata on of�ftheV' 411 iclpal t—'A
r�`: �rrany. yloss�ortdaiina e:.`thatitmi ht ��,•., " ' ,;Y ~,_
.` � �: g4. g < suffereasa,rresult ,of
' h ? Ek i;�; 'these' ;contribut ons.F to���{Scli;id edanz. _`�7��Sucht agreement sh`orut�.
a.{� �ry' :i ..f:
>, also tprovlde that Schickedanz f :will; ;.aces
p ` Bros.� Luni'ted P '}4 ' .
en't`. 'from .the 'S '
pay m Municipality- =i n full ,-.:satisfactionttsfhe L
Municipality's obligations >uiider- paragraph .'5.27 and. Schedule ` .` _
z
"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. t Eng, ?:Williamt H.
Stockwell:,
,s , Director of .Public Works;, v ; Chief Administrati"'10ffi'cer.'a;E
1`0 g
1].
iq
REPORT,VO. : WD-44-94 PAGE 14 ;
yt
July 12.. : 1994
Attachment
,z.
r
DH*WAE*ph
i
pc: Schickedanz Bros. Limited
' 33l1 Ba iew ,Avenue' Suite-105' . 4 r i
Willowdale,<;Ontario,., F r �
M2K :lG4
Valiant Property,Management Edward 'Fennell '
177 Monquon Road, 20th Floor 1207 Rushbrooke Drive
. Oshawai Ontario Oakville, Ontario
L1G 3S2 L6M 1H8
Bruce & Dorothy McDonald John Fennell
v.R.RO-.11 .,,. 1229. Montclair Drive .,r;, ?
cloyne, Ontario Oakville, Ontario
FF ; x° <YK0HUlK0 Z 6H• f
S �.'z�:r .x f'ia •i '� .,'if. ).: �:t�i�]xp a :,a�; /..K rL ri,_.r..�' .'i,{ Lt 'LT i,.� ,It,.£ �d'r�1� � .i�
�
X�•a;�4 3�� .� :.,:). c�1 . .f, "�. i,., i t �,{�1 f<rd;. Fki��. 7,..: � .t 5,r'.r y?,.r• 3
3 > .• •5 1 .- C T'.Sr Tr �
-X,
` '.Jy, T �i�"t1 �hr
=.tFj t •{t� t'�iij`: C. {Yr 1'.itCit�54r5iF' \} it.� h �rrriir�'r�• tr.r . Tr,f,$t,� r�stt; k 5{..ii '•1 k i it ,`i�4 ��:{ett� 7 /Y,:`j'
1.. ,.,r..,Jfh7fii., y .r�.I}�Y,.•trJ,r,,:.t?,..{.�„i,2 '�r N4i3 r` µ/ ,,ti••�11P.):i' ii,,rft�t;t'� {lih4c S 4 h4 i j +K��yy�� elft,•
,t` §A4r4'�}�• y,
.�71� gg11��4}fir,,• y :r .P .Stt j�• 7r ��€ .:r r�„''.3-�5i¢.0F�?� �.i��liil+,zf';,'{(! {t it„'..a 6'Y� !Sra i:r Xi',.'�,.��,rr,�'.L�';>i4`gtki+{i•'rr3,rtl';•+,.a t , '� �'",i�?7�)y,t;'.'
ILA,
�,;:n..''7�g{{t33}',�'?,+t,;�,:t',��.a�.�lizir":if,,, ...>'�t, r'{.� _,ttr..*� {r,.ax$ t '� t �n.�t1]'tui���.g.:-���'};.3.�,i y{•�:,f:�r li.t,,�.,1•;ti�.�¢
..t;• .>z iptSat'i+r •� c' tt -r rK }f� r trdt '"+Y `i h: V /., s.. (j�4i,£S•V t , ''z 1. T.xl,'r '•t .p 4. :��,�,t"',d'
Ej`s''rdr:,$.} �� � 1t�,,r �`s�y�;..� .tY�M1 �iy ',t. �, ,.t'ta,��. k�� ti rr&�"a��a%c' s� �ty 1•S+i�s• 'y� fll�r�`€S°`1i 1 ,_f,Y,.. r
b "�:r3a� r� :fa 'Yr `+ :. •�i'� t �,�(-): • 'i�r, ?'tl;'F+i,t J :t' t G•llf.� a'j €§ ,6r r 4 4»Ct i 'h`'. �1,7�
r3.'�,..
NN
� }....t•./ti t � ., 1 ',f �� r�.-' • ,h'pr at'2
-'}'.n it t 1!(;hh':4 �,f:,Y'k-�'�` Y "f, 1,•S� Y 1, _I r.n i'•.l 5 L>,� d �j A
.) 2rfi;�,
t:>x,
'e ir��`k'k77`,}p;;t��'i+ '£t� b,7� r+ "y'r`ir� �i�,iz�i�r'�'J L.'^k ta,. � �','il> # _ r P' hh's: �6.,4r s. t''•-1' � a r\.
.:',s i�`"� 1s '�� b 'S� `t, t; '' 7y t \' � Y i' +},�'�• �} ik .�"i S 'tt ^ �+ x:.:
''�/rFr {'r S,2{ "k`fl i 2'that` fi I'd +� .te'+ a' s i !i�3 A ,'c* t;',..� 1+.," j$ qs• -��'�; :ti ` $ 6
�'� i� ��tt ] i •;fir' ..`-"' i�'r �s•,,,.� £i,�,l� ''�`cr t ��,� os? ''t,�{._a Y �{r,��:
r9
.i-)� •_F` 1t. ig:`,':S:: L,.,it.1.]4 ,tc�. {lSS,.f? �`l,t.i•r y .1 �'�l:r r',.4,: t3 i+i�� rs �.ii r{• }p.tr cti:i ..{•'�,'{.iy,y ,i 7 .n, ..Fr 7
i!?�.�,,r� �1 rtrij ,rrTtn r� .:,i,,..t i;>t 4 4y;•.•� '�r.•t a,f tti' !r ifs:+ °•S,+�i, fi �e •* K•�. r��` ,+�t: '� 1N:.,i+Yt3 ii>,;d.,�•,�n,. �' S; r'K: ' , r�.�,i !` :'��?���,g s a �f•,, 1 r�. ,� � t� ➢, r�j � ��F ,,._ � t ,� �,f•,
i' 4i{ i c #1 it i �['1st til tt,{;r r. itY{ f•b {u,] 1 '.it\ } t fiat`3#�ry. .:} t y<�' , to t
f�i q SVi'
1 1 ''r
;§
0 ., ,t
: .t 5 tt i ,�4l 1, +a r+t q {• + 'i!ra--• f � '.,. .},,d�!a ��. K•,v�4r '.�Xt n ltr t 3+]fir.i I X75 y :.p , .) y #slti• .n i,.�]4-;s] ��y s ir.4rr�{�•'
ia �fi4,�Kr t 1 k
t { 9'ri.
i
`1WP=ATA�TIDWNN�VVIFRONTgSdDACiR�RP30RTSBL r ' ' ?rslo ♦ t+ { },� ° 'r 4 r+c € t i '+t rf r 4 €t P
i } ft
t jir
SCHI CKEDANZ ®���
18T-8705
5
SCHICKEDANZ
NOR TH
SUBDIVISION
1 OM-830
EL J
1 _8
LLJ LL
W .TON LANDS
18 -89065
RM WA TER
A GEMENT �:::�
WORKS
. �
7
C: A-rACHS CLARK 40Rl4229.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#: WD-32-93 File#: 8.02. 10.001
Subject: SCHICKEDANZ SUBDIVISION, PHASES 1 AND 2,
PLANS IOM-829 AND IOM--830,
COMPLETION OF ALL OUTSTANDING WORKS,
'INCLUDING STORMWATER MANAGEMENT WORKS
Recommendations:
It is respectfully recommended that the General., Purpose-` and
Administration Committee recommendtoCouncil the_following: f
1 THAT Report WD--93 be. received•
p
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,__.".
I
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;
:-THAT the Director...be:authorized to expend said monies pursuant-
to. .all !• obligations: incurred :or to nc
be. iurre
... . d'• 'b :;,;.The.;.
Corporation:'of ,..the:.:Municipality"of: Clarington 'in-:acco'rdance;'
�.
with ': the Subdivision- Agreement• �between`'` Schickedanz
Se.
Limited. and and The Corpo . . _ ... ,. _. .d
•. ration of:`the To 'of Newcastle;:'.an
ATTACHMENT NO. 2 i
WD-44-94I;
L,
052
I
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 Letterto
Developer
2.0 BACKGROUND
2�. The Corporation- of- the Town-, of ; :Newcastle --entered int& a •t}
Subdivision Agreement,,:., registered July 124, '1989, t- with
Schickedanz Bros: Limited to develop . lands` by ' plan: of
subdivision, located in. Bowmanville and described as Plans
1OM-829 and IOM-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
on
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 ,
1053
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.=,.::havirig r x full .Adiowle`dgb :"of : the importance to the
Municipality., and The Northumberland and-, Clarington °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 time (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 . r,The; performance. guarantee ,for .these :works is secured by the.
Town in the form of three (3) Letters of. Credit from the j
I
X054
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.5) .
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 ,out••••rhs year, such as channelization iiuproveinents-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,
/4/1 - - ----------
Walter A. Evans, P.Eng. , Lawrence E. Rots f,
Director of Public Works Chief Administrati a Officer
NC*WAE*ph
July 13, 1993
Attachment
Pc: Schickedanz Bros. Limited.
3311 Bayview Avenue, Suite 105
Willowdale,• Ontario j
M2R 1G4
Fax: 223-0924
.Attention: Mr. B. Schickedanz
I
I
1055
REPORT NO. : WD-32-93 PAGE 5 '
Royal Bank of Canada,
International Trade Centre-Ontario,
180 Wellington Street West,
Toronto, Ontario
M5J 1J1
y
1056
ii
i-.
W
EF
W W
/ � O
GO
W
i
/ 01 Q
W
i
SC CKEDA TZ
ol
NO
L
ll 82 9 S U I VISI i11V
�-
W E'
it N fin' c
1 Q=
Ll
L—
� I I CONCESSION STREET
STOR WATER:
MANA
MENT
L.,
WORK
J
1 ENTION
1 P NO
"N
Q
W '
I �
i
M LLE
- 0
C: ATTACNS SUED 829830
Dopaoo j " DRAWN BY: JM DATE: JULY 1993
pC�oo
ATTACH MENT•,NO .i
KEYMAP WD-32-93
1057
1. ;12s/11/kI3 13:48 FAX 416 434 1676 DAVIS,WEBb,5 fLZ �UUZ/OC2
DAVIS, WEBB & SCHULZE
HARR1STERS cC SOLICITORS
KONAW k.WIM3.O.C. S
CHKMT[AN C.SL'Nrk.M QC. tCAnrPTOK Etcn T:YL CL•'.'iTRr
N916 C,DAYVA.1;-&LUL d.NKt-SON SuEh'r W¢aT
.9HAWH K tkt�w,•.ti•!L.R !3t;iT16M)
E�LFH 5.PtA H.AHY,nb lti L n. ' 3RAM1' N.ON"(Axl(
C 9POR ATR COUN9tL rAX 4.13
041AN D.6)uwiuuc•KA.L--tL
TeLtYfioNE(4 16)4.541.6710.
FAX 1410)454.197!
A.G$U&Va.:x DANS,p e
(1018-19TJ1
?�r1E11A,
VIA FAX
June 11, 1993
Mr. 1U'Y Xotsav, CAO
Town of Newcasstic
i i.0.Tcmj)oranr Str=t ._.. d. .. -i
LIC 3A6L tt1
J.I �
Re: K=castle ander I;rent—El3diIIgA2MOment
Bob Schiekcdanz has advised me that mcrabers'of staff of the Town of Newexstle have Indicated
W him that they expected that work would be cornrnencing os1 the storm water management
Warks is the i=Cdiatc future if it has not already-commenocd. We have advised Ivlr.
Schlekedanz that it would be inappropriate to cbmmence to do-any work until aftA:r a Front
Lndiltg Agreement putsuani to the x is in place.
We would be ptcascd to discuss this with you at your convenience.
Yours vary truly
]DAVIS, WEBB & SCHULZE
t,
Ronald K. Webb, Q.C. � l
�. Mr. Dcnrtts Hcfferon,.Shiblav, Righton { ( z�,) 1 „ ..,!
Mr. Bob Schickadl;riz .! <
ATTACHMENT NO '2
is WD' 32 93 _
•
058
,.17 ItY QvIPLETE OR FAULTY PORK
(1) If, in the opinion of the Director, the' Owner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it will
be completed within the time specified for such completion,� or if the said Work is
being improperly done, or if 0*.e Oemer neglects or abandons the said Work, dr- any
part of it, before completion, or unreasonably delays the execution of the same; or
if in any other manner the said Work is not being done properly and promptly in
full compliance with the provisions of 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 in performance under this Agreement, then in
any such case the Director on the authority of the Council of the Town may..Ootify
the Owner and his- surety in o:riting of such default or neglect and within ten (10)
clear days after the giving of such notice or within such further period of time as
may be specified in the notice, the o-,rn Council shall thereupon have full
authority and power immediately at Jts option to employ a contractor or such
workmen as in the opinion of the Director shall be required for the proper
completion of<such *%Iork'la t` the cost-'!'and .exeense- of the"Owner or'his'surety', or..
both. In ycases 'of 'esi�ergenc„t )n tie oph�on;o£,'.,tt�e Dire'ctor,; such work maybe done
without prior notice..,,buc the,'O.mcr shal.l,i forthwith;be notifie-dThe scost o�'such
work shall be calculated by the Director, whose decision shall be final. It is
understood; and agreed that the” total lcosts shall include'a management £ee'of.thirty
(30%) percent' of a 'contractor's' charges to the Town (including any charges for .
verhead and profit) or, if such work- is undertaken by the Toem, thirty. (30%)
percent of all charges incurred to complete the work, it being hereby declared and
agreed that the assuming by .the Cromer of the obligations imposed by this clause is
one of the considerations without which the Hunicipality would not have executed
this Agreerrnt'.
(?) In the event that any 'liens are filed under The-Construction Lien Act such
filings shall constitute a default In performance under this agreement, then in any
. such case the Director may notify tt;c Omer- and his..,surety in writing of such
default and if the Owner fails to satisfy claims of the lien claimant within ten
(10) 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 power imiiediately 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 Owner shall forthwith, upon notice from the Director reinstate the
performance or maintehance guarantee to the full value required under the terms of
the agreement.
i
C)
ATTACHMENT NO.; 3
WD-32-.93 , : ;,,.
1.059
� I ta•'� 71 p:, ?E v .: { j.i kt (;.. l.. '4� .i o-' 't, '),i; i C ., ;.l
--------------V� _N TAR
July 19, 1993
Schickedanz Bros. Limited
3311 Bayview Avenue, Suite 105
Willowdale, Ontario
M2K 1G4
Fax: 223-0924
Attention: Mr. B. Schickedanz
Dear Sir:
RE: SCHICKEDANZ, PLANS 1OM-829 AND 10M-830
MUNICIPALITY OF CLARINGTON
COMPLETION OF ALL OUTSTANDING WORKS
FINAL NOTIFICATION LETTER--
This .lefiterr. will, serve as, notice, as.-stipulated under. Section 5.17:, of: the ,t
Subdivision 'Agreement between ;.The , Corporation of,�the •town.. of, Newcastle, and,
-Sctticlsedaaz•Q�os�`limited, that; iti the opinion`of`the Directorof'PubliE Works--. ` '
you have defaulted in'performance" underi the conditions-of the'agreement.
Due to a`:lank" of.progress on.the above-noted subdivision works, you are hereby
notified 'that you have until August 13, ' 1993, to complete' all outstanding works
li
to the satisfaction of the Director• of Pubc Works, which inc�ude but are. not
limited to: * ,
1 . 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 fencing and streetlighting; .
Completing •appropriatesurface asphalt, and;
6. Completing stormwater management works.
All works are` to be completed to the satisfaction of the Town of Newcastle and
require the full 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 ,,;
• satisfiaction will then be carried out by the Town, at your full expense, in
accordance with the terms and conditions ,of the Subdivision Agreement.
Yours truly,
W. A. Evans
Director of Public Works
ATTACHMENT N0. 4
NAC:ph WD-32-93
1060
CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET 80WMANVTLCE • ONTARIO LIC 3A6 (4 16) 623.3379 = FAX 623-4169 REcv«EOPAPER .i
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
M6J 1J1
i
1061
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: . "GENERAL PURPOSE -AND ADMINISTRATION- COMMITTEE File#
Date: JULY 19, 1993 Res. #
ADDENDUM TO By-Law#
Report#: WD-32-93 File#: R.02, 10,001
Subject: SCHICKEDANZ SUBDIVISION, PHASES 1 AND 2;
PLANS 1OM-829 AND 10M-830,
COMPLETION OF ALL OUTSTANDING WORKS,
INCLUDING STORMWATER MANAGEMENT WORKS—
Recommendations:
i
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
I. 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
1062 ATTACHMENT NO. 3
WD-44-94
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_.._agr.P.wPaits,.whish 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. 1: 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
1063
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.
i
Respectfully submitted, Recommended for presentation
to the Committee,
rte(.�`�•L< i•�` �•` 1
Walter A. Evans, P.Eng. , Lawrence E. Kotse •f,
Director of Public Works Chief Administrant ve Officer
DH*ph
July j19, 1993
Att`a�h iit�rits ) i"' .0UJ
) ,• ,
_�`,.. .t f s•t�a. ��? .. , .5.� ..,,..yy, i.)-,� -.. _3•;�..t.3 .. a S':'.t moi. ..E.is _ ..:',+.. ...
pc: . ..Schickedanz Bros..,F Limited. ;: .: V
3311 Bayview Avenue, Suite• 105
', Willowdale, Ontario
M2K 1G4
Fax: 223-0924
Attention: Mr. R. Schickedanz
Royal Bank of Canada
Internationai Trade Centre _ Ontario
180 Wellington Street West
Toronto, Ontario
I
_L i z4, ,i i' i} i ..f.h'i t .'.i .,'4Jf f t..�;�, ;•e:A-�. a.,.,.,- J...:A, .,..... „ .�.. � ... �
106
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 IOM-829 and IOM-830,
Bowmanville Community. :
x��;:'Muni,cipallty,zof f;Clarington (,"Municipality")
Further to.-,our, meeting of July /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: .t
1
E 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, 1- 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 231: 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
065 ADDENDUM TO WD-32-93
i
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.
Limiteda 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,,Osame
proviso just stated in respect of the reimbursement of
j.
Schickedanz`.Bros.'- Limited `for-,.part' of the�4cost'` of 'Part 'A ;of -
:.the: works `Notwithstanding the', foregoing, -'if 'in'°the< opinion "
;. of<, the ,Municipality•s' Director`4�bf { Public" Works;i; <1 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
a completion ,of Part B of the works,,,• the Municipality will not
.'ibe 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 j
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-Ai-law and Front Ending Agreement with- a
View.:to.-having the Front Ending, Agreement ins force by'June 15,
11994 .-
066
1994066
- 1
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 theworks 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 oblky-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. 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
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-thom favourably. .
Yours, truly. "
SCHICKEDANZ BROS. LIMITED
Per: R. Schickedanz
DH:ph,
�; _...7 , i•f" ,ti,;.,r;�.a i �.a. ��. -tom., l�:e � ,d ``. � �'r i.� t!.dh s. _ _,��.,fir i ...,.J..19.{.'�. t
.. d63 s.,..5 _. .F.>. <l' j'.'i 1.:t.. ... '(.t a. ,:.;'. l.:.3...i.(,,..,. 5. o .. `,t, •' t'..1.- ,t.. . ..a '.
t r L. ..
1
I
1`068
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (2) and (3) hereof, the Town agrees to
provide the Owner with a written release for the said Lands, referred to herein as
the "Certificate of Release", in•a form suitable for registration or deposit in the
applicable Registry or 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 df the works; and
(2) a registered Ontario Land Surveyor, approved by the Town, has provided the
Town with written confrimation 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
corners, the end of all curves, other than corner roundings, and all
points of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate 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 responsibility for drainage as provided herein and the Owner's
acceptance of the conditions,for, applying for:,Town building permits as provided
herein
5.27 ,.( REQUIRFMENTS-.FOR OVERSIZED OR EXTERNAL SERVICES ,
- = :. t..iJ�. ;. � ::.'.'4 ,-.� ,r- ..:.k.,{ .,:a s ..,�t'�' s .41.35i'� ..t• r � r 'i t i.;.-y i i`-r: ^Pfd
(1)t In the event that the,Owner is required,toi�install,oversized'services-.!:-P
(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 or 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
Owner 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 required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest-shall be
added to the cost of Oversized or External Services.
(3) In the event that payment is required to be made under this paragraph by
,the Town•before the first anniversary of the issuance of the Certificate f
Completion, interest* shall be calculated at the.,highest prime ratecharged by such .
bank, plus two percent (2%) from the date of the issuance of the Certificate of
Completion to. the date of payment. ' Interest shall be calculated on a per diem .
basis to the date of payment. , . s
ATTACHMENT N0 . 4
} WD-44-94
1069 •
,
h
(d) corutruct, 4mtall and malmain the balance of the Stormwater Management
Works("P4tt D")betwecu June 15, 1994, and September 15, 1994.
2. Subject to eompli4nce by Scbickcdanz with this Agreement and with the Subdivision
Agroomont as amOndcd by this Agrccmcut, Lite Municipality shrill confirm that the
Subdivision Agro0acnt Is in good standing.
3. Tlie Municipality+All issue separate completion ccragcutes for each of Parts A and
B of the Stormfwater Management Works respectively. The Municipality
acknowledges thatlit holds certain securities for the shares of the cost of Parts A and
B of the Stormwater Management Works which arc to be paid by other benefiting
owners who have dutered into subdivision agreements with the hfuniclpality prior to
November 2-3,1991(the•contributionoForthwith after the issuance of completion
certificate for Part,A of the Stormwater Management Works,the Municipall4Y either
will collect the portion of the contributions referable to part A of the Slormwater
Management Works from the other benefitting owners who have entered Into the
aforesaid Stthdivislon Agreements with the Municipality or realize the securities
.posted therefore,*d will reimburse Schickedanz to the extent of the portions of the
eonuibudons for Phrt A of the Stormwater Management Works which have been so
collected.provided that In no Gate shall the Municipality reimburse Schickedanz a
portlun of a contribution of a benefiting owner's share which exceeds.that owner's
share asset out In the Cost Sharing Report for the Storm Water Management Works". s
for the West BrUbch of the Soper Creek ac,finally approved by the Dlrector. !,:,
forthwith.aftcr Ili issuance of a completion certificate for Part 8 of the Stormwater',', ,
Management Wor)rs,the Municipality win use ILLI heat efkfts to collect the
of the conte butloi4 to be made by other bcldeCiting nwnems r�ferablo to'J? ,8 of the
Stormwater Management Works pursuant to Subdivision Agreements made with the
Municipality prior to Novcmbcr 23.1991 or realize the securitypostecl therefore,and
will reimburse the hntounts so collcctcd to ScWckcdanz subject to the game proviso'
just stated in f4edt of the reimbursement of Schickedaitz forpart of the cost of Put
A of the Stormwatbr Management Works. Notwithstanding the foregoing,if in the ;
opinlon of the Dlfcctor, acting reasonably, any one or more of The subdivision
agreements under lwhlch contributions arc to be made for Parts A and B of tha
Stormwater Management Works and which awcements have been made prior to
November 23, 1991,tha contributions cannot be collected or the securities posted
therefore cannot hie realized before the completion'of Part D of the Sturinwater
Management Words,the Municipality will not be required to colica and pay such
contributions to Schickedanz nor realize the secufitics therefore for citlter Pare A
"of 13 of the Stormivater Management Works before the issuance-of a completion
certificate for Part j$of the Stormwater Management Works.
Municipality .: " •.. .
p ry vN1!support,expedite and enact;at the earliest possiliIc date,an
amendment to Its Development Charge By-law and Front Ending Agreement for the
benefiting area fat karts A and B of the Stormwater Management Works as
determined in the dost Sharing Report for the Storm Wator Management Works for
the West Branch a r the Soper Creek as finally approved by the Director, and will
expeditiously take all action to bring them into force,provided that Schickodanz will
reimburse the Munlcipaltry Its remonable mita of doing-to. rn the event that it will
take an undue time period to have an amending Development Charges By-law and
Front Ending Agreement come inti force becausa of Ontario Municipal Board
hearltiyr'relutiag t:ol the Development Chargee Bylaw 92.105,the Director of Public
Works will recuuutiend a freestanding Development Charges 13y4aw and Front'
Ending Agreementlwith a view to having the Front Ending Agreement in force by
June 15, 19N.
5, Schiekedaaz will ob)ain the approval of the Director to all tender documents and the
construction contrapt for parts A and B of the Stormwatcr Mativ:ment Works and
will make the necQssary arcangoutcnts for the Municipality to be a party to the
s
1070
3
construction contact for the purposes and to the extent considered necessary by the
Director, pro idc4 that the Dlrector acts reasonably,
6. Prior to August lb, 1993, Sarlcked:uu shall make the necessary arrangements to
allow the Murd ' lily to use the cag7wccring drawings and specifications for Parte
A and 13 of thaltormwatcr Managcmcat Works which have been prepared by
Marshall Macklin Monagghan Lirnitcd in the trent of default by Schickedanz In
performing any of)its obllgadons under paragraph 1, Schickedanz will provide the
Municipality with Marshall Macklin Monaghan U nited's acknowledgement of the
foregoing provisio of this paragraph and written undertaking to the Municipality
to comply with th m prior to August 10, 1993,
7, Schicicedanz will arrange for such performance bond in respect or the construction
of Pans A and B of the Stormwater Management Works as may be required by the
Director,acting reasonably,and without limiting the generality of the.foreguing will
arrange for such' bond to be accessed directly by the Municipality ill the
circumstances required by the Director,acting reasonably,
B. la the event that cpnstruction costs for the S(ormwater Management Works exceed
Lbc estimated costs which formed the basis for montes collected and securities
deposited with the(Municipality from other benefiting owners who have entered into
subdivisiun'ugreerpents with Ihe..Munkipality prior to November 23, 1991, the
Municipality shall trot be required to collect additional monies from those benefiting
owners if the Dirc4tor has determined,acting reasonably,that collecting the monies
would be lruprac4al having regard far the provisions of the relevant subdivision
aRrccmcnts.` - ,
9. Schickedanz and Itho Municipality will execute an agreement to amend the
Subdivision Agrce cnt in a forut which the Director, acting reasonably, considers
necessary to give e)fcct to any of the foregoing,
10. This Agreement 11 not affect in anyway the rights of the Municipality to enforce
the securities pr�sb
tly deposited with the Municipality by Schickedattz pursuant to
the Subdivisioncement.
11. Time shall be of the essence,
12. Schickedanz acknowledges and agrees that the Municipality lies nuthoriry to enter
into this Agreement,that every provision hereof is authorized by tate law and is rally
enforceable by thelparties and that this Agreement is made by the Municipality in
reliance on the acidnowledgement and agreement of Schickedanz as aforesaid.
13. Any notice, request, communication or demand under this Agreement shall be in
writing and shall ba considered properly delivered when given or served personally
or by registered mhil to the Municipality at 40 Temperanee Street, Dowmanvillt.
Ontario Ll( 3A6 .0 or ]ic Word and Schickcdanz at 33I1
Bayview Avenue, 'lite 105, Wiliowdale, Ontario M2K 1G4 Attcntion- Mf_R,
Schickedanz, Sucl notice, request or demand shall be deemed to have been
delivered on the dale It ix delivered if given or served personally or on the third day
following mailing,IN Is malled. If at any time notice Is delivered by mail and there
is any cessation(wh�ther anticipated or existing)of mail service affecting the delivery
Of such notice, Lite putice shall not be deemed to have been delivered until five(S)
business days after llle date that normal mail service is restored.
14. This Agreement shrill be governed by and iutcrpreted in accordance with the laws of
the Province of Ontario and the parties submit to Qtc jurisdiction of the courts of the
Province of Ontario in order to enforce this Agreement.
1071
a
15, If any term,covc*"t or condttion of Ilds Agreement to any extent is hold invalid or
unenforceable, thi:remaindcr of LhN Agrcement shall not be affected thereby and
ouch term, covenOt and condition of this Agreement shall ha separately valid and
enforceablo to the fullest cxtcnt permitted by law.
16. This,Agreement spay be exccutcd in several counterparts, each of which shall be
deemed to he an joriginal, and all countcrpam sbaA constitute one and the same
instrument. Thio iAgreomont shall not be binding and in effect until at least one
munterpart,'duly#xecuted by the Municipality aad Schlekcdanz,has been delivered
to each party herdto..
17. This Agreement sbull enure to the benefit of and be binding on else parties hereto
and their resPectftle successors;and agsigns.
IN WITNESS WHEREAT✓the parties hereto have hereunto uffixed their corporatca seals
by the hands of the proper officers duty authorized In that behalf the day and year first
above written.
7TW.CORIi'ORATIONOFTHEMUNICM,,>iTy
OF Ci.ARINGTON
t
Hamre•Mayor ,
tj
nA 1,•1,1!' i,:
ocPlcry. cc�RK�
SCHICKEDANZ BROS, ITED ,i
Namc: 9 e' c, c anz
Title: Man e r.-r' i
I haauthority to, bind. the corporation
Title:
i
i
1072
CONTRIBUTIONS PAID OR
SECURED TO BE PAID BY
OTHER BENEFITING DEVELOPERS
UNDER THEIR SUBDIVISION AGREEMENTS
FOR EXTERNAL STORMWATER
MANAGEMENT WORKS UNDER
SCHICKEDANZ SUBDIVISION AGREEMENT
F
.. .....COTTRIBUTIOT FOR...
....... W02KS..
............
.............
TC
WE;!......
. .......
..........................
el)EVELOPMENT. i�� 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
Aza Dev. (includes LD041-044/90) 4(A) & 8.19 $163,860
4(H)
Ashdale Capital Corporation - 4(B) 6.62 $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 1OM-837 9(A) 6.37 $28,600
Nor-Arm 1OM-838 10(B) 1.46 $74,400
TOTAL 44.73 $846fi80
The Map/Area amount references are to the Cost Sharing Report
where security has been provided, it is by letter of credit.
ATTACHMENT NO. 6
WD-44-94
07, 31 ,
1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 94-115
Being a by-law to further amend By-law No. 92-
105, as amended
WHEREAS 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;
WHEREAS at the public meeting held on June 27, 1994, Council heard
ally,persons who applied`to be he in objectionrGo.`oz:in'appioval
of the :, aforesaid proposals and considered all written
communications; )
WHEREAS Council considers it expedient to amend By-law No. 92-105
out below;... ..
NOW THEREFORE THE COUNCIL of The Corporation of the Municipality
Clarington enacts as follows:
1. By-law No. 92-105 as amended by By-law No. 93-74 is further
amended by:
(a) adding at the end of clause l(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 l(l)(o) the words figure and letter
'section 4 and Schedule "b" and "either"' and replacing
them with the words figures and letters 'subsection 4(1),
subsection 4(2), Schedule "B" and Schedules "B-1",."B-2"
or "B-3" as may be applicable', and adding after the
words 'Town and Newcastle Hydro development charges
areas' the words 'or a Benefiting Area';
(c) renumbering section 4 as subsection 4(1) and adding a new
subsection 4(2) as follows:
The designated services
for the purposes of this
- By-law which pertain to a
Benefiting Area are set
out in Schedules "B-111,
"B-2" and "B-3" attached
to and 'forming part of
this By-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-i", 'W-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 "B-111, "B-2" and "B-31', 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.
1074 � ;
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
do
�
f ,f
CLERK
Or
G}
1075
€ 6
� ISI I I�I� I '■I I ®■ I i■�I I I I��I I'b i ipl I •.
-= oss
III 111111► �,''�III IIIII ■11111111��
1 ■�1 11 I�1��``��,1 1111 gIlll
+ltllllll l 1■11 1
�y°� �I1111111111'` i —'
mmmf
�,Vo ■111 - -il �I• 3'J777%J/Hyy
1111111111111110 '��1��
1 1�I11111111111■� ;y a.� 'do / t%/OHoa.
1 IIIIIIIIIIIIIIIIIII
R ��yu.n. 111111IIIIIIIIIIu��.■
���jV 111�11j� =�_ _■ � �■ �11111i/v 1111111111:
=_ g.. =I11111
Ylilllfiy�iiil■ 11■� /f IIIIIIIIIIIillll-
V/IIIIIC �: ■� wi►//,1'I �� wuuunmullu� '
��1/1•Ii��o Il♦i 7777 .rl. �p � GiY.ot//a /yieya `.3, 1111 1111 =-
,, I♦1�1111�1= �� on
—_e �..IIL
�►�111111111= �� ■� ���,```` - � .y„�% `//�HyGHailw
.111 _- - -- -- ••-zi�i+:” /U/NH�//OH.%J L 111111IIIIE
_ �7■ _ G/i,>",G ,t%flf'r � �� .11111 11 �.
_ 11111
mm
Will
� WIN,.
i,.
-111- ...• I � '� \' d��rY�.NN..H�//.NG � _� .
■� ��r..l �i■ III�1■��'tl�■`Il 'aiy�si�i. = /
w,m�� � 1■■IIII��i■�°,_ CI�IIIIiI
/t..,� /� �,,,,./,,, ,� .1� •; rlllr� �I�..jl..11.1 �;�,!'.�.d/�:� J'■ '•`i�lu,.��. =
�" � ►Ill lllunuuunu �
�/ � :,� �• — -„ zxs�ax.zzcxizxn, , � y `IIIIIIIIIIIII// �
'. �/'��/�/�,���� 1�� �� -�11�1■II !��j46„�r�s,�/Oyfylr yy� �Iln/���;li ■_
—
�i� � �I .♦ I♦���� i� �� 1��� �t�.sryi��/o///NH� � � � X111111►►j /O��
.U\ � ■ ��,,` I�l� ♦///♦,,� ' =�111� =�.1///.O//il.Yd�,ciGi4�.iGh �h .y�.� ���I►I�I,��,,,� —
_
�/ �•� t; '��/�y��,, �'���♦ �j�/ ,,,jlllllllllllllllll � ��.._ � i1111�'l\A\��/,�`1 /
j�/ / i� � ,�� '��, ✓��� ' ♦ i � •Kwon �_ �_ __ —IIP7 U\111
/��, ♦ / ` ♦ �/j uuunuuuu� � ILII/ : � Ip1 ` —
�� �/ ► ♦ Iii I,�`�♦ ` /�. �1►/ � _ 111111 _� � =II�U1 ���UUD
__ _����11�/�� �� I/�.�.,, •`y , �. ,/, o/� � _ : 1/1111 =_ ���� f
__ ,,.��.� !o ♦/i Imo♦ I ♦ / = I : -
-- /'��/// /�I♦Si•''Oi/1 .1 ,� �Illllqu '��u. � m 11
I/�,/♦ ■ :1111 IIIIC i� 1111 1-:'■11�'� `\\
�■ =%/Iiillllll IIII : ��v����.`��ll
�I�I (IIII /�IIIII►N/'i/ / `� =•,/ �'_ �II Ir'll ,, ”
/ SII �� � �i/� • ■■ .. � III
�� �,,ii G�i1�G i%���•.•j moi'�t � �� -_ uuuunaul►�Dip�� ' �`
Q■ �i �` � ���� ��i � 111111111 U11 =�
' � ��//� /i, �� Q 7i �•I� �•• �� —111111111111t1t1771■at■ =%�IIIIIIIIIIIIIIIIIt� 11 � /
_' '''0,,�',i ii ��I ���►�� �i��• llllllllllllllll//�- =�••II1u11111/_/:���I
j�
�
••��. IIII11111 .. �� � 1111111111. /hl��
•
SCHEDULE " A- 2
I �
][,®T, LOT 1
LOT I I I
i B7[� p
F LE
,I
I
i
w ,E � Z
ITL I
KX
r
f \
I
i
I
}
I.
ii (W
};
FP
t'
r
Benef ittin area — —
9 ———— Limits of watershed: ;' '
50mM
0
1077 -
SCHEDULE " A - 3" �
LOT ® LOT 9
Tucker Road BOW
® MLE
i irT'll
c
Herriman Street
a
CO
-o
Concession Street East
1=1 F
0 20 40m
Benefitting area, t. ._, .. .
20m 0
1078
SCHEDULE "B-1"
1 . Stormwater Management Works from CPR Tracks to Apple Blossom
Boulevard.
2 . Stormwater Management Works from Concession Street to Soper
Creek.
I
I�
J
I
1079
SCHEDULE "B-2"
1 . Mann Street Storm Sewer Oversizing Works from Apple Blossom
Boulevard to south of Concession Street.
1080
SCHEDULE "B-3"
1 . Mann Street Road Reconstruction Works north of Concession
Street, including storm sewers, road preparation and paving,
curbs, sidewalks and sod.
1 � 0 � .