Loading...
HomeMy WebLinkAboutWD-68-91 V} 1fLKd TOWN OF NEWCASTLE REPORT File # LC,4. 1A39. Res. # By-Law # GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MFf ING: DATE: JULY 22, 1991 WD-68-91 REPORT #: FILE #: SLB.ECT: REQUEST TO PRE-SERVICE THE FOLLOWING PLANS OF SUBDIVISION: 18T-88051, 18T-89021, 18T-87087, 18T-82037, 18T-89044, 18T-87021, 18T-89070, 18T-87086, 18T-87089, 18T-87085 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-68-91 be received; 2 . THAT the Mayor and Clerk be authorized to execute an appropriate agreement with the North Bowmanville Servicing Group containing the necessary provisions to satisfy the terms set out in Attachment No. 3 to Report WD-68-91; 3 . THAT the appropriate authorizing by-law be passed; and 4 . THAT the subdividers of the North Bowmanville Servicing Group be advised of Council 's decision. ----------------------------------------------------- . . .2 REPORT NO. : WD-68-91 PAGE 2 1.0 BACKGROUND 1. 1 The North Bowmanville Servicing Group is comprised of the following subdividers: Fram Development Corporation ( 18T-88051 and 18T-87087) ; Lincoln Holdings Pickering Ltd (18T-89021) • Newcastle Meadows Incorporated ( 18T-82037) ; 835041 Ontario Limited ( 18T-89044) ; Reemark Bowmanville Real Estate Holdings Ltd ( 18T-87021) ; Merika Investments Incorporated ( 18T-89070) ; Linmac Incorporated ( 18T-87086) ; 806886 Ontario Limited ( 18T-87089) ; P. J. Carruthers ( 18T-87085) . 2.0 REPORT 2 . 1 During the past several months, there has been several meetings at the request of the above subdividers with staff of the Town of Newcastle regarding their intention to proceed with various works in order to initiate the construction of various infrastructures to implement the subdivisions . The request of this group is provided in Attachment No. l. 2 .2 In order to meet the requirements of the Ministry of Natural Resources, various works related to the storm sewer works must be completed by September 15, 1991. In order to protect the public interest regarding any pre-servicing agreement, development must address those issues as outlined in Attachment No. 1. 2 .3 Staff has requested that detailed information related to same be provided immediately (refer to Attachment No. 2) . . . .3 REPORT NO. : WD-68-91 PAGE 3 2 .4 Attachment No. 3 provides for the essence of the various conditions to be confirmed in the subject pre-servicing agreement to be executed between the Town of Newcastle and the North Bowmanville Servicing Group. 3.0 RECOMMENDATIONS 3 . 1 It is respectfully recommended that the Mayor and Clerk be authorized to execute an appropriate pre-servicing agreement with the North Bowmanville Servicing Group satisfactory to the Director of Public Works . 3 .2 THAT the appropriate authorizing by-law be passed. Respectfully submitted, Recommended for presentation to the Committee, i I r i t -- -- ---- -------=- -� . . _ ='_ '---------------- e Walter A. Evans, P.En g• , Lawrence E,,. Kotseff, Director of Public Works Chief A i`istrative Officer EC*WAE*llv July 17, 1991 Attachment i i a fl 1 t JUL 15 O91 08:27 GM SERNASo WTBY 343 P02 July 11, 1991 OAssoclates Ltd. Con!ulting Engineers&planners 110 Scotia Court,Unit 41 Whift,Ontario ON 8Y7 lephone:(416)432.7878 Tar nto tine:(416)428•-9049 Fax:(416)422.7877 Town of Newcastle : 40 Temperance Str6et; Bowmanville, Ontario' i LIC 3A6 Attention: Mr. L. iKotseff Administrator Dear Sir: RE: NORTH BOWMANVILLE GROUP SPECIAL SERV�CING AGREEMENT STORM SEWER, '.CREEK WORKS, CONTRIBUTION AND O'VERSIZING WITH EACH D T- PLAN OUR PROJECT 0: 91056 I � As per the meeting between the North Bowmanville Gr up, Town of Newcastle, Mr. D.;; He.ffron (solicitor of the Town) , [ Totten Sims Hubicki Associates and G.M. Sernas & Associates Limited, we are kindly requesting on behalf of our clients, that the Town commence any and all documentation to obtain Committee and Council approval on July 22 , 1991 and July 29 , 1991 respectively so as o enter into an agreement to dbr�struct and finance works as per the attached schedule. Please note the attached schedule is asp per the Town ' s staff and legal �ouncil recommendation therefore, e trust our request will be e*pedited forthwith. r With reference to the compensation agreement we wit amend this agreement to reflect no Town liability on the wor s regarding maintenance until 'such time the developers have enter d into their individual agreements . We are presently re-drafting he agreement and forwarding same to the Department of Fisheries aid Oceans for their comment . With regard to the aforementioned and attached schedulF, we request that staff review and comment as early as possible so we can discuss any changes necessary to facilitate the �pproval and executions of the required works . . . . . . 2 WD-C8-91 ATTACHIENT NO,1 JUL 15 191 08:27 GM SERNAS, WTBY 343 P03 G.M.Sernas associates Ltd. Town of Newcastle .,idluGr ygri 58W.i July 11, 1991 Page 2 A further schedule will be submitted to ,illustrate a ro-rata cost a breakdown for each individual developer to be inserted into the agreement, j We bring to your a�tehtion the Ministry of the Environrient criteria to complete all works by September 15, 1991, therefo e, your co- operation in directing the requested process to a satisfactory completion would be appreciated. Should you have any questions, or require any further information, please do not hesitate to contact either George Karako `kinos or the undersigned. Yours very truly, �! G.M. SERNA -- ATES LTD. �f i Reg Webster, P. General Manager GK:RbW:rcp cc :North Bowmanville Group i i I I I 4�D-6�-91 ATTACHMENT 110,1 JUL 15 °91 09:28 GM SERNAS, WTBY 343 PO4 QA6;$0eiateS Ltd. �t (untuirinq Fnq.rprs 8 ihncar FINANCIAL REQUIREMENTS FOR THg NORTH -WEST BOWMANVILLE DEVELOP i I, NO. ITEM ,f ESTIMATED COST 1 Contribution to the reconstruction of Middle ! $ 1,792,000 Road from Concession Roam 3 south to Scugog ` Street for 'frontage abutting the Plans. !! 2 Contribution to the reconstruction of Scugog $ 2,647,000 1 Street fro i Concession Road 3 to. 010ell Street . I' 3 Contribution to the reconstruction of $ 1,915,000 Concession !Road 3 for frontage abutting the Plans. i 4 Contribution to the reconstruction of the $ 200, 000 intersection of Concession Road 3 and Regional Road 57 . 5 Contribution to the erosion works proposed in $ 948, 000 the North Oest Bowmanville Master Drainage Plans, 6 Oversized ewers within each of the Plans, $ 472 , 410 Note: Item 6 above, eXoludes internal roads, sidew lks and street lighting within each of the Plans as each developer will construct and secure these items with each of the subdivision agreements. t 1 I II I it W 0-8-91 ATTACHMENT Ad 00 ell'Cl ISI(e July 17 , 1991 Mr. Reg Webster G. M. Sernas & Associates Ltd. 110 Scotia Court, Unit 41 Whitby, Ontario L1N 6Y7 Dear Mr. Webster: Re: North Bowmanville Group Special Servicing Aa eeme I acknowledge your letter dated July 11 1991 regarding the above matter . We are attempting to prepare the necessary report to be presented to the General Purpose and Administration Committee and Council to seek the necessary authority to execute the pre-servicing agreement your clients require . Once the appropriate authorization has been obtained from Council we will be in a position to finalize and provide you with a copy of the appropriate pre-servicing agreement . In order to accomplish this we will require a full breakdown for all . oversizing requirements and erosion works pertaining to the information attached to your letter dated July 11 1991 immediately . Please contact Mr. . Edward Chiu of our Public Works Department directly in this regard. In addition, I would point out that paragraph two of your letter is not acceptable to the Town and will require more detailed investigation prior to any agreement or commitment from the Town. Yours truly, Lawrence E . Kotseff, Chief Administrative Officer cc : Rose Noseworthy, Linmac Dennis Hefferon, Town Solicitor Frank Wu, Director of Planning and Development Edward Chiu, Engineering Supervisor W-D_68_g3 ATTACH;1�NT NO, 2 CORPORATION OF THE TOVO4 OF NEWCASTLE w. ' ATTACHMENT NO. 3 j Terms to Be Satisfied Pre-servicing Agreement with the North I Lnville ;ervicincf Group 1. Prior to commencing any work, a Performance Guarantee in of a certified cheque or payment the form q pa ent of cash or le,ter of credit shall be deposited with the Town of Newcastle, for the amount of security required by the Town pursuant to the standard subdivision agreement. This certified cheque or le er of credit will be retained by the Town as a guarantee of the performance of the Subdivider. The Subdivider agrees that a Town may, at any time, authorize the use of all or part of an Performance Guarantee, if the Subdivider fails to pay any co is payable to the Town of Newcastle by due date of the invoic for such costs . This Performance Guarantee also a Sure ditches are kept clear of dust, did and refuse until the rlands are fully developed. The Town of wcastle will carry out such work at_ the owner's expense/* ediately.requirements are not carried out within 24 hours of notig given to the applicant, Consulting Engineer or Subdivider out any notice if, in the opinion of the Town, it is require The certified cheque or of credit must specify the location of the site and the n dress of the Subdivider. The letter of credit must be/any onditional and in a form acceptable to the Town's Treasurer. 2 . Prior to commencing work, the Subdivider shall pay the Town of Newcastle a cash ontribution (by cash or by certified cheque) , the cost of the ext rnal and oversized works that will be necessitated as a result of he development. The necessitated external/oversized works and es mated costs are as follows: a) Contr' ution to the reconstruction of $1,792, 000 Midd e Road from Concession Road 3 south to cugog Street for frontage abutting th Plans. b) ontribution to the reconstruction of $2,647,000 Scugog Street from Concession Road 3 to Odell Street. c) Contribution to the reconstruction of $1,915, 000 Concession Road 3 for frontage abutting the Plans . LdD-6�—�1 ATTACHI1ENT 1'0.* •� ATTACHMENT NO. 3 Terms to Be Satisfied Pre-servicing Agreement with the North Bowmanville Servicing Group 1. Prior to commencing any work, a Performance Guarantee in the form of a certified cheque or payment of cash or letter of credit shall be deposited with the Town of Newcastle, for the amount of security required by the Town pursuant to the standard subdivision agreement. This certified cheque or letter of credit will be retained by the Town as a guarantee of the performance of the Subdivider. The Subdivider agrees that the Town may, at any time, authorize the use of all or part of any Performance Guarantee, if the Subdivider fails to pay any costs payable to the Town of Newcastle by due date of the invoice for such costs. This Performance Guarantee also ensures that Town road surfaces and ditches are kept clear of dust, mud and refuse until the lands are fully developed. The Town of Newcastle will carry out such work at the owner's expense if such requirements are not carried out within 24 hours of notice being given to the applicant, Consulting Engineer or Subdivider or without any notice if, in the opinion of the Town, it is required immediately. The certified cheque or letter of credit must specify the location of the site and the name and address of the Subdivider. The letter of credit must be unconditional and in a form acceptable to the Town's Treasurer. 2 . Prior to commencing any work, the Subdivider shall pay the Town of Newcastle a cash contribution (by letter of credit or by certified cheque) , the cost of the external and oversized works that will be necessitated as a result of the development. The necessitated external/oversized works and estimated costs are as follows: a) Contribution to the reconstruction of $1, 792,000 Middle Road from Concession Road 3 south to Scugog Street for frontage abutting the Plans. b) Contribution to the reconstruction of $2,647,000 Scugog Street from Concession Road 3 to Odell Street. I c) Contribution to the reconstruction of $1,915, 000 Concession Road 3 for frontage abutting lthe Plans . . . .2 j b�JD-.C��31 i ATTACHMENT NO., 3 . . .2 d) Contribution to the reconstruction of $ 200,000 the intersection of Concession Road 3 and Regional Road 57 . e) Contribution to the erosion works $ 948,000 proposed in the North West Bowmanville Master Drainage Plans. f) Oversized sewers within each of $ 472,410 the Plans . 3 . The General Contractor and/or Subdivider shall maintain in effect a comprehensive general liability policy covering all risks with an insurer and containing terms satisfactory to the Town's Treasurer. The policy shall name the Town as an insured person and shall contain inclusive limits of not less than $5,000,000 for any loss and be in accordance with the terms set out in the Town's standard subdivision agreement. An original Certificate of Insurance shall be submitted to the Public Works Department prior to the commencing of any work. The certificate must specify the location of the site and the name and address of the applicant. The Certificate of Insurance must be in a form acceptable to the Town. 4 . Prior to commencing any work, the Town of Newcastle requires an agreement with the Subdivider whereby 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 and any delay or failure to obtain the final Plan of Subdivision for registration; and that the agreement further states that the Town may draw on the Letter of Credit or cash to reimburse it for expenses that may be incurred. 5 . Prior to commencing any work, the Town of Newcastle Public Works Department requires an agreement with the Subdivider stating that the Subdivider shall indemnify the Town of Newcastle against and hold it harmless from any and all liability for damages on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the presence of the Subdivider, its servants, agents or employees, and persons duly authorized by the Subdivider, on the Town property above described and shall reimburse the Town of Newcastle for all costs, expenses and any loss incurred by it in consequence of any claims, demands and causes of action which may be brought against it arising out of the presence of the Subdivider, its servants, agents or employees, and persons duly authorized by the Subdivider, on the property above described. WD-63-91 I n 0 9 ATTACHI1ENT N0, 3 . . .3 . . . 3 6 . The installation of the watermain, sanitary and storm sewers shall not commence until the Certificates of Approval have been issued by the Ministry of the Environment and deposited to the Public Works Department. 7 . a) Prior to the initiation of any grading or construction on site the Subdivider shall have received the approval of the Ministry of Natural Resources for site drainage and a soil erosion control plan that shows all proposed surface drainage works and describes the means to minimize on-site erosion and sedimentation of Bowmanville Creek and its tributaries, both during and after construction. b) Any proposed alterations to the existing watercourses must receive approval by the Ministry of Natural Resources pursuant to the Lakes and Rivers Improvement Act. 8 . Pursuant to the conditions of draft approval the following is to be completed: a) Prior to the commencement of site preparation, the Subdivider shall obtain Central Lake Ontario Conservation Authority approval of 100-year storm overland flow routing for the plan. b) That prior to the commencement of site preparation, including rough grading of roads, the Subdivider shall obtain Central Lake Ontario Conservation Authority approval of sediment control and grading plans for the subject lands . C) That the Subdivider agrees to notify the Lindsay Ministry of Natural Resources at least 48 hours prior to the initiation of any on-site development. 9 . The Subdivider shall confirm in writing that where well or private water supply of any person is interfered with as a result of development, the Subdivider shall, at his expense, either connect the affected party to a municipal water supply system or provide a new well or private water system of equal quality. If considered necessary by the Director of Public Works, the Subdivider will install observation wells at locations and conduct a monitoring and evaluation program as required by the Director of Public Works. 10 . Evidence will be provided to the Town that the Regional Municipality of Durham has approved the preservicing or a subdivision agreement has been executed. i 11. Written approval must be obtained from the Director of Public Works for the engineering drawings before pre-servicing is commenced. 12 . Prior to commencing any work, a staging plan shall be submitted to the Public Works Department. WD-63-91 ATTACHMENT �JO,� • • •4 . . . 4 13. Written approval must also be obtained from the Director of Community Services for the Tree Preservation Plans . 14 . Prior to commencing any work, the following must be submitted to the Town of Newcastle for review and approval: i. Agreements with public utility companies ii. Schedule of Works iii. Contract documents 15. Prior to commencing any work, the appropriate Engineering and Inspection Fees pursuant to provisions of the Subdivision Agreement shall be forwarded to the Town of Newcastle Public Works Department. 16 . The Subdivider shall agree to such other terms as the Director of Public Works, in consultation with the Town's Solicitor considers to be necessary to protect the Town's interests . I I i WD-63-91 �� ATTACH LENT N0, 3