内容

“傲天置地”购物中心被信托接收后

Following the fall of “the Landmark” mall

 

 “傲天置地” 建筑渲染图。

在2006年12月,打算建于多伦多Middlefield 和Steeles之交处的宏伟的亚洲购物中心“傲天置地”建筑项目宣布动工。该项目欲建造一个可与被誉为北美最大的亚洲室内购物广场的太古广场相媲美的由各业主拥有各自单位的零售购物广场 。“傲天置地”的置地面积宽广,四周被工业区围绕,所占用的空置农田面积超过43.5万平方英尺。该购物中心面积将超过太古购物中心,并将有望被誉为投资者的聚宝盆和购物者的天堂。
In Dec. 2006, the construction of a magnificent Asian shopping mall -- “The Landmark retail condo project” at the corner of Middlefield Road and Steeles Avenue East of  Toronto was announced. The project planned to build a retail condo mall similar to Pacific Mall, an indoor Asian shopping centre that acclaimed as the largest of its kind in North America. Occupying a vacant farmland on the edge of industrial zone -- an area of more than 435,000 square feet -- the Landmark aspired to become a shopper’s paradise, an investors’ precious gemstone, and a regional shopping centre that was even larger than the Pacific Mall.
 
这栋将被美食广场和数家餐馆点缀的双层购物中心,将分两期建设,为零售业主提供1090个单位。“傲天置地”广场内的零售商店,有些仅占地90平房英尺,其面积小至壁橱,但对那些希望能以其具民族性的产品和服务吸引华裔和加国顾客的移民零售业主来说,却看似一个上好的商业良机。
The two storey mall will come with a food court and several restaurants and include a total of 1090 units for retail owners in two Phases. The retail stores in the Landmark, some as small as a closet-sized 90 square feet, were deemed as great business opportunities for immigrant retailers who believed that their Chinese themed products would attract both Asian and Canadian shoppers alike. 
 
2005年,第一期的单位很快就被那些预期于2008年能开门营业的商家抢购一空。但该项目却从未开工且销售开始放缓。至2011年7月仅有330个零售单位被人买下,买主们向置地广场的号码开发公司支付了总额达到$1450万元的定金。多伦多居民王姓夫妇是这些楼花买主之一。
In 2005, Phase I units were quickly snapped up by vendors who expected to open its business doors in 2008, but construction delayed and sales slowed down. By July 2011 only 330 retail units had been pre-sold to purchasers, who paid deposits totaling $14.5 million to the Landmark’s numbered development-corporation. A Toronto couple Wang & Wong were among the unit purchasers.
 
王姓夫妇在“傲天置地”购买了4个零售单位,支付了$277,300 元定金,相当于总价格的25%。2010年7月16日,他们到安省法院打官司,希望法庭能终止他们的购买协议并返还他们的定金,理由是开发商未能向其提供T5财务报表。
The Wang couple, who had bought four pre-built units by paying $277,300 in deposits, representing 25% of the total price, filed a claim with Ontario Court in July 2010, seeking termination of their purchase agreements and the return of their deposits on the basis that the developer failed to issue T5 statements.
 
开发商约一个月后就向法庭提交答辩书,声称买方无权终止协议,作为开发商并没有义务向其提供T5报表。
The developer filed a defence to the claim a month later, stating that the purchaser was not entitled to end the agreements as the developer was under no obligation to issue a T5. 
 
但是王姓夫妇并不是将“傲天置地”的开发商提出法律诉讼的唯一买家。据媒体报道称, 约有30个买家因发现土地闲置而索要定金,在索要定金失败后,他们开始向律师寻求援助。
The Wang couple weren’t the only purchasers who sued the Landmark’s developer. According to media reports, watching the land sit undeveloped, a group of 30 buyers has turned to a lawyer for assistance after attempts to get their deposits back failed. 
 
开发商在对王夫妇的诉讼辩护书中称:“开发商目前正在进行傲天置地广场的产业开发,以及与其有关的其他商业用途。”
The developer also stated in their defence to the Wang couple’s claim that “(We are) currently developing the property into The Landmark, as well as for other commercial use.”
 
但是据媒体报道称,虽然开发商一再表示他们可以还清按揭贷款并继续进行开发,但是公司曾失去了贷款融资,虽后又重新获得了融资但工程从未开工。2011年7月,一纸法庭命令开发商被迫进入破产管理,德勤公司被指定为作为产业接管公司,表明此时该公司已经无力偿还债务而进入破产状态。
According to media reports, while the developer maintained that it could pay off its mortgages and resume development, it had lost its financing, regained it and construction never started. By July 2011, a court order forced it to enter into a receivership and appointed Deloitte as receiver of the property, indicating that the company had become insolvent.
 
一名博主在网上称:“我在2007年购买了一个零售单位,并支付了25%的定金。根据合同,这个单位应该在2009年底交付,我一直在等,但我于2010年8月却等来了一封信,称他们遭遇了金融危机,因此该项目被推迟。我要求他们返还我的定金,但迄今为止却一无所获。”
“I bought a retail unit at the Landmark in 2007, and paid 25% as deposit. According to the contract, the unit will be delivered by the end of 2009,” wrote a website blogger.”I had been waiting till Aug. 2010, when a letter arrived saying that they were experiencing a financial crisis, so the project was delayed... I asked for a return of my deposit, but so far I have not received anything.”
 
产业卖给Mady
Property sold to Mady
 
根据接管公司向法庭提交的报告,傲天置地的债权公司提出开发商未偿还债务共达$4600万元,(包括未偿还的按揭贷款、利息和费用支出)。根据销售协议,零售单位买主们所付定金应被退回,因根据购买协议,在终止合同后,定金应退还给买主。
According to the receiver’s report filed with court, $46million in outstanding debts were claimed by creditors of the Landmark, (e.g. outstanding mortgages, interest and fees). The deposits were also owed to unit purchasers who, under the sales agreements, were entitled to the return of the deposits upon termination of the contract.
 
接管公司通过传单和广告的推销,将傲天置地产业于2011年10月以$4250万元的价格卖给了Mady Development Corp. (Mady)。 据接管公司向法庭递交的报告,Mady的报价为120个潜在买家中最高及最佳者。产业的售出使得接管公司可以按债权人对该产业所提出有效索赔进行赔偿,包括某些尚未退还给单位买家的定金索赔。
The receiver’s marketing efforts, through flyers and advertising resulted in the sale of the property to Mady Development Corp. (Mady) in Oct. 2011 for $42.5million. The Mady offer was the highest and best offer received from 120 potential buyers, according to the receiver’s report, which allowed the receiver to make payments to creditors for their proven claims against the property, including some claims for deposits from the unit purchasers whose deposits had not yet been returned.
 
接管公司并在其报告中称,经接管公司再三要求,“傲天置地”开发商最终提供了某些单位买家的联系信息。在产业出售给Mady后,这些单位买家于2011年11月收到信函,告知其有资格对他们支付的有保险担保的定金提出索赔。迄今为止,接管公司已向联系上的单位买家退还了大约共$200万元定金。
The receiver also indicated in its report that after repeated requests from the receiver, the Landmark developer finally provided the contact information of some unit purchasers. Following the sale, a letter was sent to the unit purchasers in Nov. 2011, notifying them of the eligible claims for their deposits that were secured through insurance. As a result, a total of about $2 million was paid out to those vendors who were contacted by the receiver.
 
开发非亚裔风味购物中心?
Non Chinese themed mall?
 
事实上,“傲天置地”并不是唯一一家受到银行紧缩贷款影响的华人购物中心建筑项目。于2007年宣布的计划将位于Markham Road夹McNicoll Avenue的购物中心扩大600个单位的锦绣中华二期建筑,也因为等待融资而尚未开工。
In fact, the Landmark wasn’t the only Asian mall impacted by the banks’ tightened purse strings. Another project announced in 2007, the Splendid China II that would see a 600 unit expansion to a re-existing mall at Markham Road and McNicoll Avenue has been stalled too, pending financing.
 
Mady Development的运营主管Charles Mady向媒体表示,他打算将“傲天置地”产业开发成一个由附有数家超市和零售商业的购物商场,它倾向于为主流客户服务,而不仅仅为一栋亚裔风味的购物中心。
Charles Mady, chief operating officer of Mady Development, told media that he plans to turn the Landmark property into a mainstream mall anchored by supermarkets and with retail development, rather than keeping it Chinese-themed.
 
一栋布满bubble tea作坊和关东糖小店的华裔购物中心看似很难建起庞大的客户群,其周一至周五的客流量显著不足。这些购物中心也很难吸引大量顾客,这不仅因为加拿大人口数目远远小于中国,且亚裔人士购物越来越倾向于上大百货店购物,其货物便宜,且在那里购物舒适,方便。
The customer base for Asian shopping malls that are packed with bubble tea stores and Chinese candy shops seems to be shrinking, where the mall traffic during weekdays is slow.  It appears to be difficult to attract a large number of customers, not only because the population in Canada is far smaller than China, but also because Asian Canadian shoppers seem to prefer big box retailers for their cheaper prices and better shopping experience.
 
一位亚裔购物者称:“我不喜欢逛亚裔购物中心买……那里太拥挤,对我来说没什么吸引力。”
 “I don’t enjoy the shopping experience in Asian malls… They are too crowded and no longer an attraction to me,” said an Asian shopper.
 
据未经证实的报道,前“傲天置地”产业将会被建成包括塔吉特百货和其他大零售商的购物中心。
According to unconfirmed reports, the former site of the Landmark would be home to a Target store and other big box retailers.

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