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Home My WebLink AboutWD-19-85 „q �F 4 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1J0 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 18, 1985. REPORT NO. : WD-19-85 SUBJECT: RELEASE OF PART 2, PLAN 1OR-708 WITH RESPECT TO THE REQUIREMENTS OF A SUBDIVISION AGREEMENT BETWEEN THE TOWN AND DARLINGTON INDUSTRIAL ESTATES RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That the recommendations of Report WD-6-85 be reconsidered and a release be granted for Part 2, Plan IOR-708, with respect to the requirements of a subdivision agreement between the Town and Darlington Industrial Estates, subject to the contribution of $3,000. by the owner towards completion of outstanding works in said subdivision. 3. That staff be authorized to take the necessary steps to implement such recommendation. .. . .2 t� Page 2 REPORT NO. WD-19-85 On February 18, 1985, a solicitor representing the owner of Part 2, Plan 1OR-708 appeared as a delegation at Committee requesting a release of that part from the requirements of the subdivision agreement with Darlington Industrials. At the same time, Report WD-6-85 was considered by Committee and notwithstanding the request of the delegation, denial , as recommended in the report, was confirmed. Since that time, staff have been again approached by the solicitor with respect to the possibility of financial arrangements being made to accommodate the requested release. The file was reviewed and it was found there there are costs of about $40,000. still outstanding with thirteen (13) undeveloped lots to share in such costs. It was proposed by the solicitor that his client might pay his share of such cots , i .e. , $3,000.+/- , in order to secure the requested release. As such an approach alleviates the considerations outlined on Page 2 of Report WD-6-85, it would not be unreasonable to accommodate same. The owner is recognizing the value added to his lands through the release and is paying for it, and if a similar approach is taken on future requests of the same kind, piecemeal disposal with no recovery by the Town will be precluded. It is, therefore, recommended that the Town accommodate the proposal of a cash contribution of $3,000. in exchange for a release of Part 2, Plan 10R-708. f>: Respectfully submitted, R.G. Dupuis , P. Eng., Director of Public Works. RGD:jco March 12, 1985. CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS,P.ENO., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB IJO 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OFzFEBRUARY 4; 1985:., REPORT NO. : WD-6-85 SUBJECT: RELEASE OF PART 2, PLAN IOR-708 WITH RESPECT TO THE REQUIREMENTS OF A SUBDIVISION AGREEMENT BETWEEN THE TOWN AND DARLINGTON INDUSTRIAL ESTATES RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That the law firm of Levstein, Bradshaw and Wolkowicz, 1543 Victoria Park Avenue, Suite 201, Scarborough, Ontario, M1L 2T3, be advised that the Town of Newcastle does not consider it desirable to provide a release of Part 2, Plan 1OR-708, with respect to the requirements of a subdivision agreement between the Town and Darlington Industrial Estates ; and, 3. That a copy of this report be forwarded to that law firm. . . .2 I Page 2 REPORT NO. WD-6-85 REPORT: The attached correspondence has been received requesting the Town to release Part 2, Plan 1OR-708 from an outstanding subdivision agreement registered against the said lands. The matter of the developer's obligations in Darlington Industrial Estates has -been outstanding for some time and to date, due to a slow moving industrial real estate market and i cash flow difficulties, the matter has not been finally resolved. Thus, any requests for clearance must be responded to with the position that the subdivision agreement is not in good standing. This appears to be the only mechanism, short of legal action, to pressure the developer into completing his obligations. Initially, it was believed that the unfulfilled obligations could be reconciled through taxes, however, it has since been determined that legislation does not allow this. With respect to the request at hand, the following should be considered: 1. The current owner of Part 2, Plan IOR-708, obviously purchased that parcel under the present circumstances, i .e. , with the Subdivision Agreement as a cloud on title. Thus any releases provided by the Town would improve the disposition of the property; 2. Any concessions would erode the Town's position with respect to future enforcement of the subdivision agreement. Ultimately, through piecemeal disposals of parcels in the subdivision, and subsequent releases by the Town , all obligations on the part of the original developer could be eliminated. . . . .3 I Page 3 REPORT NO. WD-6-85 In light of the above, it is recommended that the request of the solicitors representing the current owner of Part 2, Plan 1OR-708, be denied. Respectfully submitted, R.G. Dupuis , P. Eng., Director of Public Works . RGD:jco January 30, 1985. Attachment i i i I 1.1-:VST IIN, BRADSHAW & WOI K(MVIC'L BARRISTERS. SOLICITORS, NOTARIES PHILIP BRADSHAW. B.A..LLB. 154 VICTORIA PARK AVENUE. SUITE 201 ,�� IVOR LEV ST CIH. B.A.. LL.B � CARBOROUGH. ONTARIO MIL 2T3 1 IRVING WOLKOWICZ. B.A.. B.C.L.. LL.W i 14161 752.8840 CHARLES A. MORRISON. B.A.. LL.B Of CE MOURf,WEIKDAY 6.30 A.M.TO K I.M. FRIDAY TILL 5.80 I.M. Works Department TOt�.�i� 4�; . Town of Newcastle — n,-,., W. -2nd January, 1985 Hampton, Ontario Pus:..L. . .iKs .: LOB 1J0 REFER OUR FILE 8412-61W Attention: Mr.Ron D REPLY TO THE ATTENTION OF: upuis IRVING WOLKOWICZ Dear Sirs: Re: Part of lot 28, Broken Front Concession of the Geographic Township of Darlington, designated as Part 2, Plan 1OR-708 JACK ZURBA Please be advised that we act on behalf of the above noted vendor in the proposed sale of the above property schedulled to be concluded on 31st January, 1985. We understand from discussions with the solicitor for the purchaser, Mr. Morris Edelstein, and in discussions with your offices, that there currently exists an outstanding Development Agreement registered against the lands in question. It would appear that the developer of this subdivision is in default of his obligations and, as a result, compliance for the purpose -of purchase cannot be obtained. We are advised that the vendor', Mr. Jack Zurba, has no relation to the developer and is only seeking to sell the property at this time for his own financial purposes. We would kindly request that a release on the above lot from the existing Development Agreement be executed in order to allow for successful completion of the transaction. We understand a meeting of the Town Council shall be held on 11th February, 1985 and I would appreciate if you could contact the writer as to the results of this meeting. We shall be extending the transaction for several weeks until such time as we hear from you. . Yours very truly, LEVSTEIN, BRADSHAW & WOLKOWICZ Per: ` IRVING WOLKOWICZ r IW/il _�2 i^o