CALEARTH       7240 Woodbine Ave., Suite 215

INTERNATIONAL                 Markham, ON, Canada,L3R 1A4

DEVELOPMENT INC.               Tel: 416 721 1016

Fax: 416 512 1575

Email: [email-masked]

CONSULTING ENGINEERS

January 18, 2007

Town of Markham

Anthony Roman Centre

101 Town Centre Boulevard

Markham, Ontario L3R 9W3

Attn: Mayor and Members of Council

Re: 1375504 Ontario Inc., 7778 Kennedy Road (formerly 4488 14th Avenue), Markham

Staff Report to General Committee, January 15, 2007, on Development Charges

And further comments to General Committee for January 22, 2007 meeting

Further to our letter of January 12, 2007, and further review we provide some other items.

We agree with the calculations at the bottom of page 4 of the report in that 41 units have been prepaid under the original Site Plan Control Agreement dated October 22, 1991, which agreement was registered on title on November 21, 1991.  Article 24 of that agreement states “This Agreement and everything herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns.” 1375504 Ontario Inc. are the current successors and Owners.

The comments in the second paragraph on page 4 that “a credit was provided for the majority of all fees and levies under the original site plan control agreement” is not valid since a cash portion was replaced by a deed of a parcel of land, that the Town wanted, of then equivalent and now appreciating value, thus being a substantial net long term benefit to the Town.

During and after the construction of Phase I the Owners have been continuously dealing with the Town to obtain approval of a modified Phase II. The original Phase II contained a commercial component, which was deemed to be not viable and was eliminated by way of Committee of Adjustment and replaced with 13 residential units for a total of 54 units in the new second phase, of which 41 units have been prepaid. Fire routes and all utilities including access ramp from street to underground parking, hydro, water, sewerage were constructed and paid for by the Owners in Phase 1 for the second phase, ready for the second phase connections.

The present successor Owners were also dealing continuously with the Town to gain approval. They were asked to change Drawings and Designs repeatedly after each submission to accommodate yet further requests by the Town, Utilities, and the Region of York. To illustrate in part, one of the further revision actions required of the Owners to complete Phase II, we enclose herewith as Attachment No.1, a copy of the November 16, 2000 letter from Mr. Biju Karumanchery to the Region of York and the enclosed York Region request duly signed by the Owners, wherein the Owners namely, 1375504 Ontario Inc., were required to provide road widenings to the Region of York.

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It was certainly obvious to municipal staff that this was an ongoing project. For levies we enclose, as Attachment 2, a copy of staff recommendation, dated August 12, 2003, to Development Finance, stating that all levies and fees for the total site were prepaid in the Site Plan Control Agreement of Oct. 22/91 and that the Owners “should be exempt from Development charges on their next phase.”  Furthermore just to ensure the Town is aware of this continuous project, enclosed as Attachment 3 is a letter, dated December 18, 2003, that Mr. Donald Hindson delivered to the Town that day, requesting exemption for Phase II for prepaid charges in Phase I. Attachment 4 is a reply letter dated January 21, 2004 from the Town basically stating that since the last date for such exemption allowance was December 31, 2003, the deadline had been missed.

Further we enclose as Attachment 5, being an estimate of the required 2006 development charges to be paid to the Town at current rates for all 54  Phase II units.

With regard to the statement about setting a precedent in relation to the Development Charges Act, there is no provision to permit Municipal Council to demand and authorize staff to collect a second payment of development charges for the same units that have already been prepaid.

The conclusion is that Council pass a resolution under a confirming Bylaw stating:

WHEREAS the successor Owners of Phase II, being 1375504 Ontario Inc., have prepaid Development Charges for 41 units in Phase II under the Site Plan Control Agreement dated October 22, 1991,

AND WHEREAS the Owners have been cooperating with revisions requested by authorities to obtain a Site Plan Control Agreement for the approved revised 54 unit Phase II project,

NOW THEREFORE IT IS RESOLVED that the prepaid amount along with interest is refunded to 1375504 Ontario Inc., in order to permit an unfettered Site Plan Control Agreement to be expeditiously completed under presently prevailing rates.

Yours truly,

CALEARTH INTERNATIONAL DEVELOPMENT INC.

Consulting Engineers and Project Managers

Gerry Mintz

Gerry Mintz, P.Eng.

Principal Engineer

070118 letter  to Mayor and Members of Council

c. Clerks Department

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