HomeMy WebLinkAboutWD-23-90 TOWN OF NEWCASTLE
REPORT
File
COY #
Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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DATE: MARCH 9, 1990
REPORT #:
WD-23-90 FILE #; �
StRECT: REQUEST TO PRE-SERVICE PLAN OF SUBDIVISION
18T-88024
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
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1. THAT Report WD-23-90 be received;
2 . THAT the Mayor and Clerk be authorized forthwith to
execute an agreement with the Michael Stuart Group
containing appropriate provisions to satisfy the terms
set out in Attachment No. l to Report WD-23-90;
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3. THAT the Michael Stuart Group be permitted to pre-service
the road allowances shown on the approved draft plan of
subdivision conditional on the execution by it of the
agreement referred to in condition No.2; and
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4 . THAT Mr. Joe Cornachia be advised of Council's decision.
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REPORT
1. 0 ATTACHMENT
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No. l: Provision of an Agreement to Permit the
Michael Stuart Group (754942 Ontario
Limited) to Proceed with Servicing of Plan
of Subdivision 18T-88024 .
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PAGE 2
REPORT NO. : WD-23-90
2 .0 BACKGROUND
g, 1989 , Council approved the recommendation of
2 . 1 On May
and Administration Committee a
the General Purpose
follows:
1. THAT Report WD-48-89 be received; and
and Development
2 . THAT the Director of Planning gated
and the Director of Public Wore-servicing of
the authority to permit the p
plans of subdivision at their discretion and
to their satisfaction.
3 .0 REVIEW AND COMMENT
3 . 1 The Michael Stuart Group
own Plan of Subdivision
18T-88024 8024 which is located at the north/west corner lief
Concession Street and Mearns Avenue was nrecew ved from
Draft plan approval of this pl an
Durham Region on August 9 , 1989 .
exists on the plan two unopened streets, Porter
There
3 .2 which the Town owns and
Street and Winnstanley Street,
Which must be closed and conveyed to the owners e ister d e
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plan of subdivision before the p lan can be r g
3 . 3 The
matter of compensation to the Town has been dealt
revious report dealing
with the
with in a P north of the
roads on a plan of subdivision immediately
Michael Stuart group plan of subdivision.
3 .4 The Problem roceed
3 .4 . 1 The p
roblem is that the developer wants to p
e with the authority
with the servicing in accordanc
given to the Director of Planning and Development
g However, before
and the Director of Public Works . and
this can be done, the matter of closing
conveying the road allowances must be dealt with-
PAGE 3
REPORT NO- : WD-23-90
3 .4 .2 This process requires a considerable length of
time.
3 .4 .3 This matter has been reviewed with ineord Town's
solicitor and he has recommended, t possible
protect the Town's interest and to make it p
to permit the developer to proceed with servicing,
that the mayor and Clerk be authorized tttached
an agreement with the developer in the form a
to this report and satisfactory to the Town's
solicitor, the Director of Planning and Development
and the Director of Public Works .
4 . 0 RECOMMENDATION
4 . 1 It is, therefore, recommended that the Mayor and Clerk
be authorized to execute an agreement with tye Michael
t hand
Stuart Group in the form attached to the Director of
satisfactory to the Town's solicitor,
Planning and Development and Director of Public Works .
Recommended for presentati
Respectfully submitted, to the Committee,
_ __ --------
-- -- E. Kotseff,
P.En Lawrenc
Walter A. Evans, g• Chief A inistrative Office
Director of Public Works.
WAE*llv
MARCH 8, 1990
Attachment
Arr�c���rt� 1
Ter_l m �i,� ar�cfi d and fhe Pre�ervicin
' h he r
Letters of Credit, performance bonds or wn�suant tohthe standard
1, Necessary required by the rI'o P
cheque for the amount of security eq
subdivision agreement and the approval of aft The contributions required
received by the Town..before preservlcing is commenced.
id b cash or certified cheque are to include monies��ttequof Creditrana
to be pa Y upgrading of Bradshaw Street•
improvements and the upB g be for amounts and in the case
performance bonds are to be in a form be issued by,
of the Letters of Credit be unconditional, all t the ttes of Credit,on the Le performance Bonds
They are to permit the Town to draw be reimbursed
h aid to the Town as the case may be, s
a o that Test of non- performance
a nd i p ndemnified for expenses that may be incurre as
by the Subdivider. xecute the
2, The
Subdivider releases the Town from any obligation o indemnify the Town daSa' t
agreement and agrees to save the Town harmless an the
any
expense, loss or cost that may be incurred as a result to drafts, n-exapptrovalf any
subdivision agreement, amendment of any conditions releases of the Town or
delay in satisfying conditions and securing the necessary
twin a proval of the final Plan of
other authorities and any delay or failure to obtain app
subdivision for registration. to
3.
The Subdivider will provide the Treasurer with evidence
eneral liability policy covering
that the Subdivider is insured under a comprehensive
a to the
11 risks with an insurer and containing terms saps 11 co ain inclusivetimits of not
policy shall name the Town as an insure person, shall
less than $3,400,000 for any loss and be in accordance with the terms set out in the
Town's standard subdivision agreement.
' eerin drawings are to approved in accordance d th the Town's standard
4 Engineering reservicin is comment
subdivision agreement before p g
o the initiation of any grading or construction on site the Subdivider will
S• Prior t approval o£ the Ministry of Natural Resources
submit and will have received the app proposed surface
for site drainage and a soil erosion econtrol plto minimizs on-i e perosion and
drainage works and describes th
sedimentation of Soper Creek, both during and after construction.
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6. Prior to the initiation of grading and prior to the registration of the plan, the
Subdivider shall submit for the review and approval of Central Lake Ontario
Conservation Authority an erosion and sedimentation control plan.
7. Evidence will be provided to the Town that the Region has approved the
preservicing before it is commenced.
8. The Subdivider will agree that where wells or the private water supply of any person
is interfered with as a result of the preservicing, the Subdivider shall, at its expense,
either connect the affected party to a municipal water supply system or provide a
new well or private water supply system of equal quality. If considered necessary by
the Director of Public Works, the Subdivider will instal observation wells at locations
and conduct a monitoring and evaluation program as required by the Director of
Public Works and in accordance with the standard subdivision agreement.
9. The Subdivider will pay to the Town its Engineering Inspection fees respecting the
preservicing which are equal to those that are required under the standard
subdivision agreement.
10, The Subdivider will acknowledge that the Town now owns the allowances for Porter
and Winnstanley Streets, The Subdivider will have applied for closure and
conveyance portion of those allowances to the Subdivider in accordance with the
Town's policy regarding road closures and conveyances. The Subdivider will continue
its application for closure and conveyance of the allowances in question in
accordance with that policy and will pay to the Town all amounts required to be paid
in accordance with that policy.
11. The Subdivider will acknowledge that the Town is under no obligation to close and
convey the allowances in question to the Subdivider or to any other person and the
Subdivider will not call into question the actions or failure to act by the Town in
any proceedings before a Court or otherwise in regard thereto.
12. The Subdivider will pay to the Town, by cash or by certified cheque, an amount
equal to the market value of the allowances in question in accordance with the
Town's policy on road closures and conveyances which will be repaid to the
Subdivider without interest in the event that either or both of the allowances in
question are not closed and conveyed to the Subdivider. Alternatively, the
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Subdivider may provide the Town with an unconditional letter of credit satisfactory
to the Treasurer to secure to the Town the payment of the purchase price of either
or both of the allowances in the event that either or both are closed and conveyed
to the Subdivider.
13. Before commencing preservicing, the Subdivider will pay in cash or by certified
cheque the amount of the estimated expenses that will be incurred in respect of the
processing of its application for closure and conveyance of the allowances in
question, such amount to be determined by the Director of Public Works in
accordance with the policy on road closures and conveyances,
14. The Town will grant to the Subdivider the license without fee to use the portion of
the allowance for Porter Street for preservicing purposes consistent with the approval
of the draft plan of subdivision and all conditions thereto on condition that all works
installed therein will be warranted to the Town in accordance with the standard
subdivision agreement and that in the event that the porter Street and/or
Winnstanley Street allowances both are not closed and conveyed to the Subdivider
for any reason whatsoever, the Subdivider will release the Town from any claim it
may otherwise have to compensation for the preservicing works which it may install
in the either allowance.
15. The Subdivider will acknowledge that the making of the preservicing agreement does
not obligate the Town to execute the subdivision agreement, to release the
Subdivider from any conditions of draft subdivision plan approval, to refrain from
making amendments or revisions of those conditions if appropriate from changing
the terms of the standard subdivision agreement from the terms as they stand on the
day on which the preservicing agreement is made or from doing any act, or from
making any recommendation necessary for the Subdivider to achieve approval of the
final plan of subdivision and its registration,
16. The Subdivider will save harmless and indemnify the Town from any loss, cost or
liability that the Town may suffer or incur as a result of the processing of the
Subdivider's applications for the closure and conveyance of the allowances in
question or from the Town's enactment or failure to enact by-laws necessary to close
and convey either or both of the allowances in question,
17. The Subdivider will agree to such other terms as the Town's Chief Administrative
Officer considers to be necessary to protect the Town's interests,