Report to: Development Services Committee Report Date: February 08, 2011
1) That the staff report entitled “Box Grove Collector Road Land Acquisition - Highway 407 to Box Grove By-pass”, dated February 08, 2011, be received;
And that the Town of Markham reimburse the Region of
York for the additional cost of land acquisition in the amount of $215,520 from
3) And that the Mayor and Clerk be authorized to execute any agreements or financial arrangements with the Region of York and Box Grove Developers required to give effect to this resolution to the satisfaction of the Chief Administrative Officer, Town Solicitor and Town Treasurer;
4) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
The purpose of this report is to seek Council approval for additional
funding in the amount of $215,520 from the
Council approved the
recommendations of a report dated May 19, 2009 (Attachment ‘A’) Council
resolution, to reimburse the Region of York for the additional 16m right-of-way
property (36m vs. 20m) as part of the property negotiations with the Vettese
draft plan owner, to an upset limit of $1,473,480. This amount is to be funded
The Region of York has advised (see Attachment ‘B’) that the actual land acquisition cost is $1,689,000 and requested reimbursement of the additional of $215,520 ($1,689,000 – $1,473,480).
The Town, as per June 13, 2002, Memorandum of Understanding for the construction of the Box Grove Collector Road with the Region and the Developers, is responsible for the additional 16.0m right-of-way land costs. The additional cost of $215,520 can be funded from the Town Wide Hard Development Charges Reserve.
The Box Grove Collector Road - Stage 1 (from Hwy 407 to north of 14th Avenue) has been constructed as part of Box Grove Phase 2B Subdivision, but opened only up to Copper Creek Drive. The Box Grove Collector Road - Stage 2 (from 14th Avenue to Box Grove By-Pass) and 14th Avenue Alignment (C. P. Rail) has been delayed to 2011due to Ministry of Natural Resources conditions and outstanding approvals of 14th Avenue realignment, and finalization of agreements. All matters related to construction of Stage 2 are being finalized and the project is planned to proceed in Spring 2011 with completion expected in Fall 2011.
The project will be constructed and financed by the Box Grove Developers Group under a construction agreement.
In order to finish the construction in Fall 2011, the following is required:
§ Markham Council’s approval of additional $215,520 for land acquisition of the Box Grove Collector Road R.O.W.;
§ Execution of the Agreement between the Town and the Region for the land transfers, land acquisition costs and other reimbursements issues;
§ Execution of the Construction Agreement between the Town and the Box Grove Developers Group, for the construction of the Box Grove Collector Road, from 14th Avenue to the Box Grove By-pass including the 14th Avenue realignment at the 14th Avenue/CP Rail intersection;
§ Approval from Canadian Pacific Rail for the intersection; and
§ Approval from Ministry of Natural Resources for construction of culverts.
The design and construction of the Box Grove Collector Road will be undertaken and funded by the Box Grove Developers. The Town’s financial obligation is to fund the land cost for the 16m right-of-way (36m vs 20m) from the 407 to the Box Grove By-pass from the Town Wide Hard Development Charges Reserve. The Box Grove developers were provided with Town Wide Hard development charge credits for the section from the 407 to 14th Avenue (approved by Council on April 14, 2009) and the Region is now to be reimbursed for the section from 14th Avenue to the Box Grove By-pass.
The additional $215,520 being requested is an increase over the amount of $1,473,480 approved by Council on May 26, 2009 and is due to an increase in the cost provided by the Region. The Town Wide Hard Development Charges Background Study allocated a sufficient amount to cover these land costs.
The Legal and Finance Department have reviewed and commented on this report.
Alan Brown, C.E.T. Jim Baird, M.C.I.P., R.P.P.
Attachment ‘A’ - Council’s Resolution of the Report dated May 19, 2009
Attachment ‘B’ - Actual Land Acquisition Cost
Attachment ‘C’ - Area Map
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