In an open letter to Mayor and Council, resident Patricia Corrigan-Frank on behalf of Port Elgin Beach Preservers, questioned the recent Town Council decisions regarding the proposed Cedar Crescent Village (CCV) beach proposal.
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Dear Mayor and Council,
Tonight’s meeting (Dec. 9th) takes place exactly five years after the former Council signed a 50-year lease for a large commercial development on the Port Elgin Main Beach. There is no hint of any construction on the site.
The Site Works Servicing Agreement (SWSA), signed on June 13, 2023 and cited below, set a deadline of two years for the development to be substantially completed.
The building permit for the North Phase of this development (ice cream store, washroom, and kidz zone) expires March 29, 2025.
The building permit for the South Phase of this development ( two storey restaurant, outdoor patio, and event hall) expires on August 2, 2025.
There has been no substantial update at any Council meeting. Surely, after five years, the Public is entitled to this.
Where is the transparency in communication that this Council is trying to convey and promote to their constituents?
The proponent has contravened the SWSA and Lease agreements already by not submitting the required construction schedule PRIOR to receiving the building permits and not maintaining the necessary government permits ( allowing the Permit to Take Water through the Ministry of the Environment to expire on December 31, 2023).
It is obvious to all of us who have been following this project that the proponent either no longer has the necessary financing, building contractors, or government permits, in place to move forward.
My Request is that:
- the building permits NOT be renewed
- the Site Works Servicing Agreement be rescinded
- the Lease be cancelleda community-generated Request for Proposal for the site be initiated to start this process over.
I look forward to your response.
Patricia Corigan-Frank
Port Elgin Beach Preservers
P.S. Site Works Servicing Agreement –
June 13, 2023.
“32. Where the Lessee is required by this Agreement to do work and where such work is not done within two (2) years of the building permit being issued by the Town, (the “Prescribed Time Period’) or where the Lessee does not otherwise abide by this Agreement, the Town may draw on the Security ($150,000)to complete all outstanding work or matters, and pay all costs and expenses incurred thereby from the proceeds so drawn or draw on the Security to demolish in whole or in part and remove any works or matters contemplated by this Agreement and the Schedules hereto from the site.”
Lease of December 9, 2013
4.2 (g) Obtain all necessary governmental approvals, consents, permits and licences required for the work in accordance with the Project Plans and Applicable Laws
4.3.1.The Lessee shall not have any right to possession of the Project Lands and the commencement of construction in any manner therein or thereon under this Lease until the Project Planning and Design Arrangements, Project Plans and the Development Schedule have been submitted to and approved by the Lessor, in the Lessor’s absolute discretion.
