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  #3161  
Old Posted Jun 6, 2019, 2:02 PM
bomberjet bomberjet is offline
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Why don't they sue Fortress? I don't get it.
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  #3162  
Old Posted Jun 6, 2019, 2:47 PM
PhotoJim PhotoJim is offline
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Originally Posted by bomberjet View Post
Why don't they sue Fortress? I don't get it.
Is there a breach of contract or has the city suffered damages? The city can add this cost to the tax assessment. Only once the company refuses to pay this amount are there damages. The tax assessment has to go through the proper processes.
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  #3163  
Old Posted Jun 6, 2019, 3:14 PM
bomberjet bomberjet is offline
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Fortress left an unsafe excavation because the project wasn't viable. they strung the City along, leaving unsafe conditions. The City had to step in to keep the public safe and are now potentially spending $3 million. I would say yes they are in breach.

Of course nobody wants to go to court. Likely why they're trying to make it work.
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  #3164  
Old Posted Jun 6, 2019, 3:28 PM
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Originally Posted by bomberjet View Post
Why don't they sue Fortress? I don't get it.
Cities have way easier routes to enforce matters. Suing is not efficient compared to charging costs to taxes.
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  #3165  
Old Posted Jun 6, 2019, 3:41 PM
bomberjet bomberjet is offline
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I haven't followed very closely.

Fortress still owns the land I presume? Or has it been sold/seized in any way? Does the bank own it?

How much was the land worth pre excavation? How much is it worth now? Fortress could just walk away all together. If the City or Bank owns the land, can they recoup the money being spent on remediation by selling the property (which seems they are trying to do)?

Lots of Q's. But if they aren't able to re-coup through taxes, then they'll go to court. And based on how slimy fortress is, I doubt they'll pay the money.
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  #3166  
Old Posted Jun 6, 2019, 6:08 PM
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The city gets paid unpaid property tax and the cost of filling the hole when the sale goes through. They will actually get paid before any outstanding mortgages on the property.

This is garbage. Fill the damn hole. If these guys don't want the hole filled, then buy it before it is filled. We shouldn't delay filling the hole because a group might want to develop it.

To their credit, the city is looking at a clause in their zoning changes to deal with this sort of crap going forward. The "Performance Security" clause states:

"(1) The Development Officer may require, as a condition of Development Permit approval, a letter of credit, performance bond or any other form of assurance of a value that the Development Officer considers necessary to ensure the development is carried out in accordance with the time frames, development standards and conditions of approval.
(2) The amount of the security required by subsection (1) shall not exceed 100% of the estimated cost to complete the development as determined by the owner based on the information and plans submitted with the development application, provided however that if, in the opinion of the Development Officer, the owner’s estimated costs are inadequate, the Development Officer may establish a higher cost for the purposes of determining the value of the security required."
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  #3167  
Old Posted Jun 6, 2019, 6:46 PM
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Originally Posted by StealthGirl View Post
The city gets paid unpaid property tax and the cost of filling the hole when the sale goes through. They will actually get paid before any outstanding mortgages on the property.

This is garbage. Fill the damn hole. If these guys don't want the hole filled, then buy it before it is filled. We shouldn't delay filling the hole because a group might want to develop it.

To their credit, the city is looking at a clause in their zoning changes to deal with this sort of crap going forward. The "Performance Security" clause states:

"(1) The Development Officer may require, as a condition of Development Permit approval, a letter of credit, performance bond or any other form of assurance of a value that the Development Officer considers necessary to ensure the development is carried out in accordance with the time frames, development standards and conditions of approval.
(2) The amount of the security required by subsection (1) shall not exceed 100% of the estimated cost to complete the development as determined by the owner based on the information and plans submitted with the development application, provided however that if, in the opinion of the Development Officer, the owner’s estimated costs are inadequate, the Development Officer may establish a higher cost for the purposes of determining the value of the security required."
This is a bad idea. This will slow development even more in this City. We had one problem development that will probably get solved at no cost to the City. Why punish all developers?
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  #3168  
Old Posted Jun 6, 2019, 6:57 PM
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This is a bad idea. This will slow development even more in this City. We had one problem development that will probably get solved at no cost to the City. Why punish all developers?
Yep. We can't chase away developers because some shady pyramid scheme was involved in one high profile project.
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  #3169  
Old Posted Jun 6, 2019, 7:09 PM
bomberjet bomberjet is offline
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This is a problem that is not unique to Regina. It happens everywhere all the time. Except this one got further along than most.
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  #3170  
Old Posted Jun 6, 2019, 7:23 PM
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I lived in Ottawa with a vacant hole in the ground for a long period of time on Bank Street. It happens and holes get dug and while situations vary from project to project a hole in the ground does happen.

Chicago Spire anyone?
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  #3171  
Old Posted Jun 7, 2019, 11:25 PM
PhotoJim PhotoJim is offline
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Originally Posted by bomberjet View Post
Fortress left an unsafe excavation because the project wasn't viable. they strung the City along, leaving unsafe conditions. The City had to step in to keep the public safe and are now potentially spending $3 million. I would say yes they are in breach.

Of course nobody wants to go to court. Likely why they're trying to make it work.
In breach of the law, not in breach of contract. I doubt that Fortress had a contract with the city.

They can be fined, but not sued* unless they fail to pay that fine (or their property taxes).

* Not successfully sued. You can sue anyone for any reason but that doesn't mean you can win.
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  #3172  
Old Posted Jun 9, 2019, 11:11 PM
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Fences are down. Work has started.

https://regina.ctvnews.ca/crews-begi...site-1.4458671
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  #3173  
Old Posted Jun 10, 2019, 8:37 PM
bomberjet bomberjet is offline
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When things happen, they need to be remedied. I guess my point is you just can not let someone dig a hole, leave unsafe conditions, and let them walk.

At this location, the shoring is only temporary and designed as such (from what the news tells me). What if it fails and the building next door collapse in? It could happen. And when geotechnical people say something is a temporary condition, they mean it. Local project in Winnipeg, they said the slopes would fail after 3 weeks. Guess what happened after 3 weeks?

You need to penalize them with whatever means you have.
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  #3174  
Old Posted Jun 11, 2019, 11:06 PM
BuildUpWpg BuildUpWpg is offline
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Had to laugh at this defense by Fortress against the media:

https://fortressrealdevelopments.com...ores-fortress/
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  #3175  
Old Posted Jun 13, 2019, 8:29 PM
Treesplease Treesplease is offline
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From July 2014:

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Originally Posted by Treesplease View Post
I'm quite surprised the city doesn't request assurances of financial capacity to develop this project before they grant a permit to go dig a five storey hole in the ground near a busy intersection.


I think the key word in the city's proposed bylaw is the word "may". For the majority of developments it shouldn't be necessary if the developer is reputable and known. Unfortunately these fortress people should have been setting red lights off all over city hall before the permit was issued.
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  #3176  
Old Posted Jun 21, 2019, 7:02 PM
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  #3177  
Old Posted Jun 21, 2019, 7:11 PM
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I was past there today. With the hoarding down, the pedestrian tunnels removed and the see-through fencing up, the site looks so big.
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  #3178  
Old Posted Jun 21, 2019, 8:34 PM
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Fixed your broken link
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  #3179  
Old Posted Jun 22, 2019, 1:13 AM
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Fixed your broken link
Crazy I just copy pasted lol thank you pappcam. Too kind!
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  #3180  
Old Posted Aug 14, 2019, 6:34 PM
Mike328 Mike328 is offline
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https://leaderpost.com/news/local-ne...city-of-regina

As per the above article it is 70% filled, however from the pics in the article it seems like the shoring is still in the ground. Am I missing something or does it get removed as they go or at the end ?
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