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Home My WebLink AboutWD-70-89 TOWN OF NEWCASTLE 1 p REPORT File #moo- -ao2� Res. # By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING DATE: SEPTEMBER 5, 1989 REPORT #: WD-70-89 FILE #: SUB,ECT: SOUTH BOWMANVILLE INDUSTRIAL PARK CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE DEVELOPERS OF PLANS 18T-87054, 18T-87055 AND 18T-87056 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-70-89 be received; 2. THAT the amending By-Law attached to Report WD-70-89 be approved by Council; and 3. THAT the above matters be approved forthwith. I REPORT 1. BACKGROUND 1.1 At a meeting of Council held on June 12, 1989, By-Law 101-89 was passed (see Attachment No.l) . The purpose of this By-Law was to authorize the Mayor and Clerk to execute a Construction and Maintenance Agreement between the Town and the developers of Plans 18T-87054, 18T-87055 and 18T-87056 for the rechannelization of an existing watercourse within Plan 1OM-87055 as outlined in Report WD-61-89 (see Attachment No. 2) . . . .2 1001 REPORT NO. : WD-70-89 PAGE 2 -------------------------------------------------------------------------------- 1.2 Since the passing of this By-Law Plan 18T-87055 has been sold, to 'Esquire Developments Limited' . Accordingly, it is necessary to amend By-Law 101-89 to address the change in ownership. 2. RECOMMENDATION 2.1 It is, therefore, recommended that By-Law 101-89 be amended to reflect the change in ownership of Plan 18T-87055. Respectfully submitted, Recommended for presentation to the Committee, awl Walter A. Evans, P. Eng., G Lawrence E. Kotseff, Director of Public Works. � Chief Administrative Officer. ASC* WAE*llv August 24, 1989 Attachments 1002 THE CORPORATION OF THE 'DOWN OF NEWCASTLE BY—LAW NUMBER 89— ' being a By-Law to authorize the entering into of a Construction and Maintenance Agreement between Carholme Investments Limited, and Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas, trustees of the Anzelda and Joseph Haas Children's Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust, and Oceanfront Developments Limited, and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Carholme Investments Limited, and Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas Children's Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust, and Oceanfront Developments Limited, and the said Corporation dated on day of ,1989, in the form attached hereto as Schedule "A" and forming a part of this by-law. BY-LAW read a first time this day of 1989 BY-LAW read a second time this day of 1989 By-LAW read a third time and finally passed this day 1989. Mayor ATTACH61104 I NO. 1 WD-70-89 Clerk F� r,•_ rte,,� i TOWN OF NEWCASTLE REPORT File 0 Res. 0 ByAaw - - _ MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING DATE: JUNE 5, 1989 REPORT #: WD-61-89 FILE #: SMECT: SOU'T'H BOWMANVILLE INDUSTRIAL PARK PIPE CROSSING AGBEUEM WITH THE CANADIAN NATIONAL RAILWAY AND A CONSTRUMON AMID MAINTEMM AGREEMENT WITH THE DEVELOPER OF PLANS 18T-87054, 10-87055 and 18T-87056 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recaknend to Council the following: 1. THAT Report WD-61-89 be received; 2. THAT the attached by-law, authorizing the execution of a Pipe Crossing Agreement between the Canadian National Railway and the Corporation of the Town of Newcastle be approved and that the Mayor and Clerk be authorized to execute this agreement at such time as it has been prepared to the satisfaction of the Director of Public Works, be approved; 3. THAT the attached by-law, authorizing the execution of a Construction and Maintenance Agreement between Carholme Investments Limited, and Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas, trustees of the Anzelda and Joseph Haas Children' s Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust, and Oceanfront Developments Limited, and the Corporation of the Town of Newcastle be approved and that the Mayor and Clerk be authorized to execute this agreement at such time as it has been prepared to the satisfaction of the Director of Public Works, be approved; and ATTACHi/Elff NO. 2 4. THAT the above matters be approved FORTHWITH. 0 !1-4 WD-70-89 REPORT NO. : WD-61-89 PAGE 2 -------------------------------------------------------------------------------- i REPORT 1 1. BACKGROUND 1.1 Town Staff are in the process of expediting the servicing requirements for the development of the South Bowmanville Industrial Park, Plan 18T-87054 (refer to Attachment No.l) . 1.2 In order to address the drainage requirements for this watershed, the existing drainage course requires rechannelization and the existing culvert beneath the Canadian National Railway requires replacement with two larger culverts (refer to Attachment No.l) . 1.3 The following developers and plans of subdivisions will benefit directly from the construction of these "Works", referred to in Section 1.2. Carholme •Investments Limited - 18T-87054 Anzelda Haas, Betty Waisglass, Sydney Shoychet, Joseph and Anzelda Haas, trustees of the Anzelda and Joseph Haas Children's Trust, Betty and Abraham Waisglass, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust, - 18T-87055 Oceanfront Developments Limited - 18T-87056 1.4 These "Works" referred to in Section 1.2 are solely the responsibility of the benefiting developers for their construction and maintenance. 1.5 The Canadian National Railway has requested that the Zbwn enter into a Pipe Crossing Agreement with the railway for the construction and future maintenance of the proposed culverts. . ..3 0',5 REPORT NO. : WD-61-89 PAGE 3 ---------------------------------------------------------------------------------- 1.6 As ou can see from Attachment No.l, the Y proposed culverts and the rechannelization works are located external to Plan 18T-87054 and these "Works" have not been addressed in the subdivision agreement with the developer of Plan 18T-87054. 1.7 Accordingly, a construction and maintenance agreement is required between the Town and the developers noted in Section 1.3. 1.8 This agreement would accommodate the access to, construction of, and future maintenance of these "Works". 1.9 All costs associated with the preparation of, execution of, and any requirement within these agreements, are the responsibility of the developers. 2. SUMMARY I 2.1 The development of Plan 18T-87054 requires the construction of two culverts beneath the Canadian National Railway and the rechannelization of the existing watercourse. 2.2 Canadian National Railway requires the Zbwn to enter into a Pipe Crossing Agreement for the construction and maintenance of the two proposed culverts. 2.3 The Town requires a construction and maintenance agreement with the benefiting developers noted in Section 1.3 to obtain access to the culverts and the rechannelized drainage course, and in order to construct and provide maintenance of these "Works". . . .4 1006 REPORT NO. : WD-61-89 PAGE 4 ( -------------------------------------------------------------------------------- 3. RECOMMENDATION 3.1 It is, recommended, that, since these agreements with the Canadian National Railway and the benefiting developers noted in Section 1.3 are necessary for the development of the South Bowmanville Industrial Park, that the appropriate by-laws be passed to authorize the execution of these agreements and that the Mayor and Clerk be authorized to execute these agreements. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P. Eng., Lawrence E. Kotseff, Director of Public Works. Chief Administrative Officer. ASC*WAE*llv May 30, 1989 Attachments G,01 V--< LOT 9 -< LOT 8 o r� —< LOT 7 )---I f---< LOT 6 o BROKEN FRONT CONCESSION e22.°2a y/GyK'gY ¢o PROPOSED ~ / RECNANNELIZAT ION M q�2.250 WORKS 241.24 t- .Y C4 — to to A' m OA, N M ry� � r 18T-87054 PROPOSED —�-t-+ CULVERTS 18T-87055 18T-87056 �o�1C ld� 11 �"now Y 2 a TOWN Of BOWMAN e TOWN "OF NE• N ❑ C� o IOUa U A E INE ROAD gl �, w z Hl� z HWAY W CIV ATTACHMENT NO .1 0-61-89 I uudl THE CORPORATION Or THE TOWN OF NEWCASTLE BY-LAW NUMBER 89- Being a By-Law to authorize the entering into of a Construction aj Maintenance Agreement between Carholme Investments Limited, Esquire Developments Limited and Oceanfront Developments Limited, and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorize to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Carholme Investments Limited, Esquire Development Limited and Oceanfront Developments Limited, and the said Corporation dated on day of 1989, in the form attached hereto as Schedule "A" and forming a part of this by-law. By-LAW read a first time this day of 1989 BY-LAW read a second time this day of 1989 BY-LAW read a third time and finally passed this day of 1989. MAYOR CLERK l V?0