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HomeMy WebLinkAboutEGD-017-08 CI!J!inglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: EGD-017-08 File #: Resolution #~P~-~35-08 By-law #:~?;,-tElS Date: Monday March 31, 2008 Subject: AMENDING AGREEMENT OF UNDERSTANDING FOR SPRINGFIELD MEADOWS III -708545 ONTARIO LIMITED (GERANIUM HOMES) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-017-08 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes) for the fill and grading works and the erosion and sedimentation control works on the east side of Prestonvale Road in Springfield Meadows (18T-95028); 3. THAT Council approve the by-law attached to Report EGD-017-08 to confirm its decision to enter into the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes); and 4. THAT 708545 Ontario Limited (Geranium Homes) be notified of Council's decision and that the Amending Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report #EGD-017-08 Page 2 Respectfully by, /f(t~Q cJ~-(~ Submitted by: A.S. Cannella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo March 20, 2008 Report #EGD-017-08 Page 3 1.0 BACKGROUND 1.1 In August, 2007, Council approved the recommendation of Report EGD-049-07 that the Municipality enter into an Agreement of Understanding for fill, grading, erosion and sedimentation control works on the east side of Prestonvale Road in Springfield Meadows Phase III subdivision (18T-95028). The cost of those works were estimated, securities were submitted, and the work has been completed satisfactorily. 1.2 Geranium Homes has now requested that the Municipality enter into an Amending agreement to allow a "cut and fill" operation on site; specifically there is material that the developer wishes to excavate (from the east) and place fill (on the west) all within the subject lands, i.e. no importation or exportation of fill at this time. 1.3 The costs of those works have been estimated and additional securities will be provided by the developer. 1.4 Staff have met with the developer, their consultant, and CLOCA on this matter. No permit is required from the Conservation Authority. 2.0 REVIEW AND COMMENTS 2.1 Staff is currently amending the existing agreement to reflect the additional works, and the document will be reviewed by the Municipal Solicitor. 3.0 CONCLUSION 3.1 Staff recommend that the Municipality enter into the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes) once the agreement has been drafted to the satisfaction of the Director of Engineering Services and the Municipal Solicitor, and once legal fees have been paid and securities have been submitted by the proponent. Report #EGD-017-08 Page 4 Attachments: Attachment 1 - Key Map Attachment 2 - By-Law authorizing the Mayor and Clerk to execute the Amending Agreement of Understanding between 708545 Ontario Limited (Geranium Homes) and the Municipality of Clarington L I 1lrr:i, I Future-CollectOJc ~end = Area Subject to Cut & Fill ,--- ~ .-J I 1ll9Y4>Oe ~ ,/I,e300, 0) )?L, ,~~ r;~ilJ:[~:~~ / .. 1-' ii!i ;;i t'F J- 111m ~'Y"'" Et:q 'dill IS?!! I" 7\ i~ I" ~ite , pl.llij1TITI1TIEITrrmUD :e : ii 6100151. if- ! 'I I!!" COURTlCE.7/(::~' ,,1I!1~ ;1 ~ It IIi'! ... .'" ...... ,.. ,. 'u~ .- i~c r MAD I .... .. W~E s DRAWN BY! EL I DATE: March 31, 2008 REPORT EGD-017-08 ATTACHMENT NO.1 G:\Attachments\Emily Stowe.mxd 918 ATTACHMENT NO.:2 REPORT NO.: EGO-017-0S THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-XXX Being a By-law to authorize the execution of an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and 708545 Ontario Limited (Geranium Homes) for the purpose of filling a future development site in the Emily Stowe Neighbourhood (18T- 95028). WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-017-08, including the recommendation that the Corporation of the Municipality of Clarington enter into an Amending Agreement of Understanding for the purpose of filling a future development site in the Emily Stowe Neighbourhood. NOW THEREFORE the Councii of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are authorized to execute an Amending Agreement of Understanding between the Corporation of the Municipality of Ciarington and 708545 Ontario Limited (Geranium Homes)(18T-95028). BY-LAW read a first and second time this XX~ day of XXXX, 2008. BY-LAW read a third time and finally passed this XX" day of XXXX, 2008. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 919 ,