HomeMy WebLinkAboutPD-101-88 DN: 101-88
TOWN OF NEWCASTLE
t REPORT File #
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Res. C;AA -3c o
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, May 2, 1988
REPORT #: PD-101-88 FILE #: 18T-85013 and 18T-86021
SUBJECT: ORCHARD HEIGHTS SUBDIVISION - 18T-85013 AND 18T-86021
PART LOT 27, CONCESSION 21 FORMER TWP. OF CLARKE
PRESERVICING REQUIREMENTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-101-88 be received; and
2. THAT the request, submitted by Mr. John Nunziata on behalf of Abek Real
Estate Corporation, to proceed with the preservicing of the two (2) plans
of subdivision 18T-85013 and 18T-86021 be approved subject to the
conditions set out in Attachment No. 1 attached hereto; and
THAT the applicant be so advised.
BACKGROUND AND COMMENTS:
As Committee recall, Council, at their February 22, 1988 meeting, approved proposed
revisions to draft plans of subdivision 18T-85013 and 18T-86021, located within
Part of Lot 27, Concession 2, former Township of Clarke - Newcastle Village.
Subsequently thereto, a copy of said resolution and report was forwarded to the
Regional Municipality of Durham for their information and action thereon. Staff
would note that draft approval pertaining to the revisions as proposed, was issued
by Regional Staff on March 23, 1988.
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REPORT 00. : PD-I01-88 PAGE 2
_______________________________________________________________________________
Staff, by correspondence received April 15' 1988 (see attached) , has been
requested to consider the applicant's request to proceed with pceaervioiog
aspects of the subdivisions. The Town of Newcastle Works Department advises
that the approval of the Engineering Drawings, although not completed to date,
are expected to be finalized within the next few weeks. Pending receipt of
same, they have indicated no objections to the Dceaecvioiug request.
Staff" in considering the applicant's request, would note for the Committee's
information that the approval of the Engineering Drawings completes one aspect
of the Subdivision Agreement and formalizes the basic information for other
schedules within the Agreement pertaining to the development and nnota thereto.
' Staff would note that upon the approval of the Engineering Drawings, the
completion and execution of the Subdivision Agreement could proceed' however,
the timing of same as noted within Mc. 0oomiata'o letter, is of cnuoecu to his
clients.
Accordingly and in consideration of the above, Staff would respectfully
recommend that, should Committee 0000uz with Mr. 0uoziata'a request, any
pceoecviniug be subject to the conditions as set out in Attachment 0o. l to this
Report.
Respectfully submitted, Recommended for presentation
to the Committee
-- Fd----------- ----- -- - ------------
L.D� Tuy Lawrence taeff
Deputy Director of Planning Chief Ad 'n officer |
-
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*Attach.
April 21, 1988
CC: Mr. John 0ouziata
c/o 0oomiatav Auaod^ Levy !
Barristers & Solicitors
�
Suite 200, 888IA Jane Street
Jane Pack Plaza
TORONTO, Ontario
M60 4C4
|
ATTACHMENT NO. 1 TO
REPORT PD-101-88
1. That an appropriate Letter of Credit, performance bond or cash or
certified cheque for the amount of security required by the Town be
delivered to the Town.
2. That a letter be delivered to the Town whereby the Town is held
harmless for any failure to execute a Subdivision Agreement; and that
the letter further state that the Town may draw on the Letter of
Credit, performance bond or cash to re-imburse it for expenses that may
be incurred as a result of non-performance by the subdivider.
3. That the subdivider provide the Town with verification that he has
insured against all damages or claims for damages. The policy shall
insure the Town with inclusive limits of not less than $3,000,000.00 in
accordance with the terms set out in the Town's standard Subdivision
Agreement.
4. That the Engineering Drawings have been approved to the satisfaction of
the Director of Public Works.
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ATTACHMENT No...2
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NUNZIATA, ANAND, LEVY
BARRISTERS & SOLICITORS
DOWNTOWN OFFICE JOHN V.NUNZIATA,B.A.,LLB.,M.P. BRANCH OFFICE
SUITE 901 GURCHARAN ANAND,B.A.,LL.B. SUITE 200
2 CARLTON STREET JOSHUA C.LEVY,B.A.,LL.B. 881A JANE STREET
(COLLEGE&YONGE) DAVID JEBB,Bsc.,LL.B.
(JANE PARK PLAZA)
TORONTO,ONTARIO J.STEPHEN BRAGANCA, LL.B. TORONTO,ONTARIO
M5B 1,13
M6N 4C4
(416)593.5115 (416)762.0077
OUR FILE:
REPLY TO:
March 31 , 1988
Mayor John Winters i
Town of Newcastle "f
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
Dear Mayor Winters : `
Re : Draft Plan of Subdivision
18T-85013 and 18T-86021
( Orchard Heights)
As I indicated to you in our telephone conversation , my
clients have been advised that it will take the municipality
several months to process the relevant Subdivision agreement
for the above-noted matter . This lengthly delay will cause my
clients serious financial hardship .
I have discussed this with Mr . Evans and Mr . Taylor .
Mr . Evans indicates that he has no difficulties with
pre-servicing as long as the engineerinq is approved and the
letters of credit are in place .
I would appreciate if you would have your Council consider
the issue of pre-servicing for this project at the earliest
opportunity .
Thank you for your anticipated co-operation .
Yours truly ,
NUNZIATA , ANAND , LEVY
JN :rm John Nunziata
C .C . Mr . Larry Taylor
Mr . Walter Evans
Mr . Pramad Kumar
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