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