Steve Berman very kindly forwarded me the following letter that the town received last Friday from Scott Strandholts lawyer in response to the 18 month extension passed last week. Does any of this look like anyone is in the mood for compromise? These guys better be careful they might be on the receiving end of one of “Hurricane” Sandy Cunningham’s piercing glares. This has got interesting again stay tuned. Now where is my popcorn???
BARRISTERS and SOLICITORS
325 HUME STREET TELEPHONE (705) 444-3650
COLLINGWOOD, ONTARIO FACSIMILE (705) 444-0024
L9Y 1W4 E-MAIL: firstname.lastname@example.org
Sent by email to: Leo Longo email@example.com
May 30, 2014
Aird and Berlis LLP
Brookfield Place, Suite 1800
Box 754, 181 Bay Street
Toronto, Ontario M5J 2T9
Attention: Leo F. Longo
Re: Site Remediation Agreement – Admiral’s Village Inc., Admiral Collingwood
Development Corporation and the Town of Collingwood
You have advised that the Town, expressed through a resolution of council, wishes to provide Mr. Assaff’s corporation, Admiral Collingwood Development Corporation (“ACDC”), with an 18 month extension of the April 30, 2014 date by which he must either substantially commence construction on his property or fill in the excavation of it that he undertook in 2008. You have asked for Admiral’s Village Inc.’s (“AVI”) position on this proposed amendment to the three party site remediation agreement.
As indicated in earlier correspondence and at meetings with Town staff, AVI would like Mr. Assaff to fill in the excavation of his property in accordance with the provisions of the site remediation agreement. If he does not do so, AVI would like the Town to enforce the site remediation agreement as contemplated by section 5 of the agreement.
In prior correspondence and at meetings with the Town, AVI indicated that it was prepared to accommodate ACDC’s request for an extension of the April 30, 2014 date for substantial commencement of construction. AVI advised that it would agree to a one year extension on reasonable terms. Those terms were:
(a) That ACDC be required to remove its construction trailer and the electrical storage container that ACDC has located on AVI’s property in violation of the Town’s zoning by-law. The Town has ordered AVI to remove the construction trailer and the electrical storage container, failing which the Town has indicated it
may commence legal proceedings to remove the items at the expense of AVI.
(b) That ACDC be required to fence the eastern boundary of its property so that the excavation on ACDC’s property would not be accessible to the public and others from AVI’s property. The excavation is clearly a hazard. It was created by ACDC with the permission of the Town. AVI should not be required to protect the public from this hazard.
These conditions are both reasonable and reflect AVI’s legitimate concerns. The Town has not addressed these conditions and appears to have dismissed AVI’s concerns without consideration. Council’s sole objective seems to be to provide Mr. Assaff with an extension of the date for filling his excavation, without regard to the impact that the excavation has on the use of the AVI property, the marketability of the AVI property or the safety of the public.
As you know, in April this year the Town issued orders directing both AVI and ACDC to comply with the Town’s property standards by-law. AVI has complied with the order issued to it. ACDC has chosen to exercise its right to appeal the order issued to it, with the result that the fencing around the ACDC site remains in disrepair and ACDC’s large pile of fill located adjacent to the AVI and Scotiabank properties remains.
In the circumstances, AVI is not prepared to agree to an amendment of the site remediation agreement to merely allow ACDC a further 18 months to commence construction or fill in its excavation.
If any of the above requires clarification, please do not hesitate to contact me.
Yours very truly,
Stephen J. D. Christie
Copy to: Mayor Cooper and Members of Council, by email
John Brown, Chief Administrative Officer
by email to: firstname.lastname@example.org
Sara Almas, Clerk
by email to: email@example.com
Brian MacDonald, Public Works and Engineering
by email to: firstname.lastname@example.org
Nancy Farrer, Director, Planning Services
by email to: email@example.com
Admiral’s Village Inc. Attention: Scott Strandholt
by email to firstname.lastname@example.org
1544-006 7. letter to Leo Longo May 30 2014