Report to: General Committee May 5, 2008

SUBJECT: Design, Construction, Contract Administration and Financing of ‘Crescent Park’ (Block 49, Plan 65M3995) in the Cathedraltown Community by Cathedral Town Limited and 404 Developments Inc.

PREPARED BY: Linda A. Irvine, Manager of Parks and Open Space Development, ext. 2120

RECOMMENDATION:

THAT the report dated May 5, 2008 to General Committee, entitled “ Design, Construction, Contract Administration and Financing of ‘Crescent Park’ (Block 49, Plan 65M3995) in the Cathedraltown Community by Cathedral Town Limited and 404 Developments Inc.” be received;

AND THAT Council approve the request by Cathedral Town Limited and 404 Developments Inc.to finance the cost of design, construction and contract administration of ‘Crescent Park’ within the Cathedraltown community, subject to the following conditions:

1. That Cathedral Town Limited and 404 Developments Inc. finance the cost of the design, construction and contract administration of the park (totalling 0.8 acres or 0.33 ha in area) to a minimum value of $145,000.00 per acre, which totals approximately $116,000.00 inclusive of PST and exclusive of GST;

2. That, subject to compliance with these terms and conditions, the Town of Markham reimburse Cathedral Town Limited and 404 Developments Inc. up to $116,000.00 (inclusive of PST and exclusive of GST) towards this project from development charges for park development, under the understanding that Cathedral Town Limited and 404 Developments Inc. may contribute additional funds, which will not be reimbursed by the Town, towards the development of this park;

3. That the Town reimburse Cathedral Town Limited and 404 Developments Inc. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of this park up to a maximum of $116,000.00 (inclusive of PST and exclusive of GST), less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $116,000.00) at the building permit stage for residential lots within Cathedral Town Limited and 404 Developments Inc. subdivision in the Cathedraltown Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

4. That owners / developers within the Cathedraltown Community, including Cathedral Town Limited and 404 Developments Inc. not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cathedraltown Community;

5. That Cathedral Town Limited and 404 Developments Inc. hire a landscape architect who is a full member of the OALA (with an Association seal), and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

6. That Cathedral Town Limited and 404 Developments Inc. conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, and review and approval by Planning and Urban Design Department staff in consultation with the Town’s Parks Operations Department;

7. That Cathedral Town Limited and 404 Developments Inc. tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town and include a 2 year detailed maintenance contract for the park to the Town’s satisfaction as part of the tendered works. Costs for the 2 year maintenance contract are the responsibility of Cathedral Town Limited and 404 Developments Inc.;

8. That these parks be included in the Urban Design, Development Services Commission, 2009 Capital Budget submission which will include the amount to be reimbursed and internal consulting fees.

AND FURTHER that staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

This report seeks approval for Cathedral Town Limited and 404 Developments Inc. to finance the costs of design, construction, and contract administration associated with development of “Crescent Park” within the Cathedraltown Community.

BACKGROUND:

The subject parkette is part of the overall parks and open space master plan for the Cathedraltown Community. The parkette is 0.8 acres or 0.33 ha in area in area and is located on Charity Crescent. This parkette is intended to serve as a passive recreation space.

OPTIONS/ DISCUSSION:

In a letter dated August 27, 2007, Ms. Helen Roman Barber and Ms. Madeline Barton on behalf of Cathedral Town Limited and 404 Developments Inc. requests permission from the Town to allow Cathedral Town Limited and 404 Developments Inc. to proceed with the design and construction of “Crescent Park” in advance of the Town’s projected schedule. Cathedral Town Limited and 404 Developments Inc. are motivated to build this parkette early for marketing reasons and are hoping to start construction as soon as possible in 2008.

In consideration of this request, this report seeks Council’s approval for the early delivery of this parkette by Cathedral Town Limited and 404 Developments Inc. in accordance with the recommendations noted.

FINANCIAL TEMPLATE (Separate Attachment):

Not Applicable

FINANCIAL CONSIDERATIONS:

The Finance Department has reviewed this report and are in agreement with its recommendations. In the year that this park is assumed for maintenance by the Town, additional resources will be required in the Parks Operations budget. Implications to the Tax Rate (10% of the budget request) will occur in 2009 when the Capital budget ($116,000.00 plus internal administration fees) is approved.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Finance Department has been consulted in the preparation of this report. The Park Development Section of the Planning and Urban Design Department has reviewed this request and determined that this developer initiative will have no significant impact on the existing capital program or on anticipated park delivery timelines.

RECOMMENDED BY:

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Appendix A: Letter from Ms. Helen Roman Barber and Ms. Madeline Barton of Cathedral Town Limited and 404 Developments Inc.

Appendix B: Key Map

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