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November 4, 1998

To:East York Community Council - November 12, 1998

From:Quinto M. Annibale

Loopstra, Nixon & McLeish - City Solicitors - East York Office

Subject:Pre-Servicing Agreement: Governor's Bridge Subdivision

Purpose:

This report seeks permission to enter into a pre-servicing agreement with the owner of the Governor's Bridge Subdivision located at Bayview Avenue, south of Nesbitt Drive.

Funding Sources:

The owner has agreed to reimburse the City for all costs associated with this application.

Recommendations:

That the City enter into a pre-servicing agreement, substantially in the form set out in Schedule "A" of this report, with the owner of the Governor's Bridge Subdivision.

Background:

This property received planning approvals in early 1997. The plan of subdivision was the subject of an Ontario Municipal Board hearing in December, 1997. The Ontario Municipal Board approved the plan of subdivision permitting the construction of 64 single family homes. One of the conditions of approval requires the entering into of a financially secured subdivision agreement.

Comments:

The developer has requested the municipality's permission to begin site preparation, prior to the completion of the subdivision agreement. In this case this will include:

Carea grading;

Cpreparing the lands;

Cstripping topsoil;

Ccutting and filling;

Cconstructing bridge piles and reinforced earth walls.

Pre-servicing is a common practice in the development of subdivisions. Normally the municipality enters into a "pre-servicing" agreement with the developer in order to protect municipal interests and to restore the lands in the event the development does not proceed.

Conclusions:

Council, through the recommendations of the East York Community Council should give authority for the municipality to enter into a pre-servicing with the owner of the Governor's Bridge Subdivision.

Contact Name:

Quinto M. Annibale

Loopstra, Nixon & McLeish

City Solicitors - East York Office

Phone: 416-746-4710

Fax: 416-746-8319

e-mail: qannibale@loonix.com

Quinto M. Annibale

City Solicitors - East York Office

/rs

 

   
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