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HomeMy WebLinkAboutWD-29-90 I oy _ TOWN OF NEWCASTLE 1 t� REPORT File # Res. # - -- �. By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: APRIL 2, 1990 i REPORT #: WD-29-90 FILE #: SL&JECT: REQUEST TO PRE-SERVICE PLAN OF SUBDIVISION 18T-89013 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-29-90 be received; 2 . THAT the Mayor and Clerk be authorized forthwith to execute an agreement with the Liza Developments (621182 Ontario Limited) containing appropriate provisions to satisfy the terms set out in Attachment No.2 to Report WD-29-90; 3 . THAT the Liza Developments be permitted to pre-service the road allowances shown on the approved draft plan of subdivision ( 18T-89013) conditional on the execution by it of the agreement referred to in Recommendation No.2 above; and 4 . THAT Mr. Fari Farivarz be advised of Council's decision. --------------------------------------------------------------------- REPORT 1.0 ATTACHMENT No. l: Key Map No.2 : Provision of an Agreement to Permit the Liza Development., (621182 Ontario Limited) to Proceed with Servicing of Plan of Subdivision 18T-89013. i REPORT NO. : WD-29-90 PAGE 2 2.0 BACKGROUND 2 . 1 On May 8, 1989, Council approved the recommendation of the General Purpose and Administration Committee as follows: 1. THAT Report WD-48-89 be received; and 2 . THAT the Director of Planning and Development and the Director of Public Works be delegated the authority to permit the pre-servicing of plans of subdivision at their discretion and to their satisfaction. 3.0 REVIEW AND COMMENT 3. 1 The Liza Developments Plan of Subdivision 18T-89013 is located at the north/west quadrant Concession Street and Mearns Avenue in Bowmanville (see Attachment No.2) . Draft plan approval of this plan was received from Durham Region on October 19, 1989 . 3 .2 There exists on the plan an unopened street named Porter Street, which the Town owns and which must be closed and conveyed to the owners of the plan of subdivision before the plan can be registered. 3 .3 The matter of compensation to the Town has been dealt with in a previous reports dealing with the closures of roads within a plan of subdivision. 3 .4 The Problem 3 .4 . 1 The problem is that the developer wants to proceed with the servicing in accordance with the authority given to the Director of Planning and Development and the Director of Public Works. However, before this can be done, the matter of closing and conveying the road allowances must be dealt with. . . .3 t0 REPORT NO. : WD-29-90 PAGE 3 3 .4 .2 This process requires a considerable length of time and is expected to be completed not sooner than April 30, 1990 . 3 .4 .3 A similar situation was dealt with in Report WD-23-90 wherein the Michael Stuart Group were permitted to preservice Plan of Subdivision 18T-88024, subject to entering into an agreement with the Town to protect the Town's interests including the Town's interest with respect to the closing and conveying of two road allowances. 3 .4 .4 In order to protect the Town's interest and to permit Liza Developments to proceed with servicing the subdivision prior to completing the closing and conveyance of Porter Street to the subdivider, it will be necessary for Liza Developments to enter into an agreement in the form outlined in Attachment No.2 to this report. 4.0 RECOMMENDATION 4 . 1 It is, therefore, recommended that Liza Developments be permitted to preservice the road allowances shown on the approved Draft Plan of Subdivision 18T-89013 subject to entering into an agreement with the Town in the form attached to this report. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. Kotseff, Director of Public Works. Chief A istrative Officer. ASC*WAE*llv March 22, 1990 Attachment cc: Mr. Fari Farivarz 30 Wertheim Court Suite 9 Richmond Hill, Ontario LOB 1B9 1 JI MPLING SUNSET J CRT. Q 1 M-830 :" y MAC- �yb w CJ A 9p�. �LL1 Z : J TILLEY <n R w O w 0/0. RRAJNE O {= F. my CT U K LIZA HERS AVE. a M-829 ! DEVELOPMENT CRIES. I 18T —89013 C ESSION ST. N. Z NDR \ o TRUw �� M-798 w is LANrE W '- v, w H MARC � � v ANDER W y f"Uj (r �79I i . U CY PL. i ARM-785 E AVE 1 M-804 w / (tD 6AR GREg. m EE TR J I - X ROYAL na z PINES CT. CHURCFt-ST M-782 • ati� ING ST. R N E HIGHWAY No 2 F-1 f- o Oil SUBJECT SITE O 0L0 T a TI E y •' F ,a'' ` WD- 29 -90 ��- KEY MAP ATTACHMENT N0. 1 ....... 101 TERMS TO BE SATISFIED AND THE PRESERVICING AGREEMENT WITH 621182 ONTARIO LIMITED PLAN OF SUBDIVISION 18T-89013 1. Necessary Letters of Credit, performance bonds or payment of cash or certified cheque for the amount of security required by the Town pursuant to the standard subdivision agreement and the approval of the draft plan of subdivision are to be received by the Town before preservicing is commenced. The contributions required to be paid by cash or certified cheque are to include monies required for road improvements and the upgrading of Bradshaw Street. The Letters of Credit and performance bonds are to be in a form, be for amounts and in the case of the Letters of Credit be unconditional, all to the satisfaction of the Treasurer. They are to permit the Town to draw on the Letters of Credit, Performance Bonds or cash paid to the Town as the case may be, so that the Town may be reimbursed and indemnified for expenses that may be incurred as a result of non-performance by the Subdivider. 2 . The Subdivider releases the Town from any obligation to execute the subdivision agreement and agrees to save the Town harmless and to indemnify the Town against any expense, loss or cost that may be incurred as a result of the non-execution of the subdivision agreement, amendment of any conditions to drafts, plan approval, any delay in satisfying conditions and securing the necessary releases of the Town or other authorities and any delay or failure to obtain approval of the final Plan of subdivision for registration. 3 . The Subdivider will provide the Treasurer with evidence satisfactory to the Treasurer that the Subdivider is insured under a comprehensive general liability policy covering all risks with an insurer and containing terms satisfactory to the Treasurer. The policy shall name the Town as an insured person, shall contain inclusive limits of not less than $3,000,000 for any loss and be in accordance with the terms set out in the Town's standard subdivision agreement. 4 . Engineering drawings are to be approved in accordance with the Town's standard subdivision agreement before preservicing is commenced. 5. That prior to any grading or construction on the site, the Owner shall prepare site drainage and soil erosion control plans which shall be acceptable to the Ministry of Natural Resources . These plans will show all proposed surface drainage works and will describe the means to minimize or eliminate on-site erosion and the direct discharge of stormwater flow into the tributaries, both during and after construction. ATTACHMENT N0 . 2 WD-29-90 i I drainage works and will describe the means to minimize or eliminate on-site erosion and the direct discharge of stormwater flow into the tributaries, both during and after construction. 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 . That prior to the commencement of site preparation, the Owner shall obtain from the Central Lake Ontario Conservation Authority their approval of 100-year storm overland flow routing for the plan. A brief report is to be submitted to the Authority which illustrates overland flow routing for the site and the manner in which flows will be directed to the Soper Creek tributary to the south of Concession Street. 8. That the Owner shall agree that grading, filling, construction or alteration to watercourses shall not occur on the site without the written approval of the Central Lake Ontario Conservation Authority. 9 . Evidence will be provided to the Town that the Region has approved the preservicing before it is commenced. 10. 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. 11. 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. 12 . The Subdivider will acknowledge that the Town now owns the allowances for Porter Street. 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 conveyance. The Subdivider will continue its application for closure and conveyance of the allowance in question in accordance with that policy and will pay to the Town all amounts required to be paid in accordance with that policy. 13 . The Subdivider will acknowledge that the Town is under no obligation to close and convey the allowances in question to 10 15 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. 14 . The Subdivider will pay to the Town, by cash or by certified cheque, an amount equal to the market value of the allowance 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 the road allowance in question is not closed and conveyed to the Subdivider. Alternatively, the 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 the allowance in the event that Porter Street is closed and conveyed to the Subdivider. 15. 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. 16 . 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 Porter Street is 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 instal in the road allowance. 17 . 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 j act, or from making any recommendation necessary for the Subdivider to achieve approval of the final plan of subdivision and its registration. 18. 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 allowance in question or from the Town's enactment or failure to enact by-laws � 6 necessary to close and convey the allowance in question. 19 . 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.