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HomeMy WebLinkAboutWD-23-90 TOWN OF NEWCASTLE REPORT File COY # Res. # By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE i DATE: MARCH 9, 1990 REPORT #: WD-23-90 FILE #; � StRECT: REQUEST TO PRE-SERVICE PLAN OF SUBDIVISION 18T-88024 I i i i RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I 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; I i 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 i 4 . THAT Mr. Joe Cornachia be advised of Council's decision. ------------------------------------------------------------ REPORT 1. 0 ATTACHMENT i 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 . . . .2 I 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 whi 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. -2- 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 -3- 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,