HomeMy WebLinkAboutWD-6-85 4
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P.ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263.2231
LOB 1JO 987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF FEBRUARY 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, MIL 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.
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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
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 1OR-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
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 IOR-708, be denied.
Respectfully submitted,
/ `
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:j co
January 30, 1985.
Attachment
LEVSTEIN, BRADSHAW & WOLKOWICZ
BARRISTERS. SOLICITORS. NOTARIES
PHILIP BRADSHAW. B.A..LL.D. 154. VICTORIA PARK AVENUE, SUITE 201
IVOR LEVSTEIN. B.A., LL.B ^ R, � SCARBOROUGH. ONTARIO MIL ZT3
IRVING WOLKOWICZ. B.A.. B.C.L., LLB. (416) 752.8810
J,
CHARLES A. MORRISON. B.A.. LL.B
{✓ 'l I�' r/ ,'� �(1�� OF G[NOURSt WE[KOAY 9.30 A.M.TO 9 R.M.
I l J fRIOAY TILL[.10 f.M.
Works Department TOMNI
Town of Newcastle PULL„�, W;,rtXS 2 nd January, 1985
�.;�
Hampton, Ontario
LOB 1JO REFER OUR FILE 8412-61W
REPLY TO THE ATTENTION OF:
Attention: Mr.Ron Dupuis
IRVING WOLKOWICZ
Dear Sirs:
Re: Part of lot 28, Broken Front Concession of the
Geographic Township of Darlington, designated as
Part 2, Plan IOR-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 llth 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
IW/i l �-