HomeMy WebLinkAboutEGD-032-08
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Cl~mglOn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
EGD-032-08
File#:
Resolution #: ~ rA -4-'3 \~ D5
By-law #: ~.:C'O ~ - \ '1 '0
Date:
Monday July 7, 2008
Subject:
AMENDING AGREEMENT OF UNDERSTANDING FOR NORTHGLEN
WEST SUBDIVISION - BAYSONG DEVELOPMENTS INC.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-032-08 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 Baysong Developments Inc. for the grading works and the
erosion and sedimentation control works on the draft approved Northglen West
Subdivision;
3. THAT Council approve the by-law attached to Report EGD-032-08 to confirm its
decision to enter into the Amending Agreement of Understanding with Baysong
Developments Inc.; and
4. THAT Baysong Developments Inc. 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-032-08
Page 2
Respectfully by,
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Submitted by: A.S. Cannella
Director of Engineering Services
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Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
June 19, 2008
Report #EGD-032-08
Page 3
1.0 BACKGROUND
1.1 The Northglen West subdivision is located north and east of Concession Road 3
and Regional Road 57 in Bowmanville. The development was draft approved in
April 2008, and an Agreement of Understanding was entered into with the
Municipality whereby Council approved the clearing and grubbing of Phase 1
lands (see Attachment 1). That work has now been completed.
1.2 The owner, Baysong Developments Inc., has subsequently requested that the
Municipality approve an Amending Agreement of Understanding to permit them
to pre-grade the site within Phase 1 lands plus the proposed school block.
Approximately 50,000 cubic metres of surplus fill will result from the grading
operation. This excess fill will be stockpiled and ultimately used on the school
block.. All erosion and sedimentation controls remain in place (and secured for)
under the original Agreement of Understanding.
1.3 The developer has submitted a cost estimate for the stabilization of the disturbed
areas. They are prepared to post a $222,000 Letter of Credit for these works
which can be drawn upon in the event that they do not comply with the Amending
Agreement of Understanding. The Letter of Credit in the amount of $100,000.00
under the original agreement remains in place for erosion and sediment controls.
1.4 Similar Agreements of Understanding were recently entered into by the
Municipality for works very similar to this request in the Courtice area and the
Newcastle area.
2.0 REVIEW AND COMMENTS
2.1 Staff have met with the developer and have reviewed their request as submitted.
Staff have no objection to the pre-grading and concur with the cost estimate
which will form the basis of the Letter of Credit. Staff will recommend that, if the
Amending Agreement of Understanding is approved, the developer communicate
with the neighbouring property owners with respect to the proposed works and
provide those property owners with contact numbers in the event that they have
Report #EGD-032-08
Page 4
any questions or complaints. Staff have also requested a Site Alteration Plan
which clearly depicts location and method of erosion and sediment control, dust
and mud control and restoration/stabilization of disturbed areas.
3.0 CONCLUSION
3.1 Staff recommend that the Municipality of Clarington enter into an Amending
Agreement of Understanding with Baysong Developments Inc. for pre-grading
works on the Northglen West Phase 1 lands once a Letter of Credit and a Site
Alteration Plan have been received to the satisfaction of the Director of Finance
and the Director of Engineering Services respectively.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-Law authorizing the Mayor and Clerk to execute the Amending
Agreement of Understanding between Baysong Developments Inc. and
the Municipality of Clarington
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DRAWN BY: E.l.
I DATE: June 26, 2008
KEY MAP
REPORT EGD-032-08
ATTACHMENT NO.1
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ATTACHMENT 2
REPORT EGD-032-08
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 Baysong Developments Inc. for
the purpose of pregrading a future development site in lhe
Northglen West Neighbourhood.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-032-08, including the
recommendation that the Corporation of the Municipality of Clarington enter inlo
an Amending Agreemenl of Understanding for the purpose of pregrading a future
development site in the Northglen West Neighbourhood.
NOW THEREFORE the Council of the Corporation of the Municipality of
Claringlon 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
Claringlon and Baysong Developments Inc.
BY-LAW read a first and second lime this 14th day of July, 2008.
BY-LAW read a third lime and finally passed this 14th'h day of July, 2008.
Jim Abernethy, Mayor
Palli L. Barrie, Municipai Clerk