Acceptance of Service - Registered Plan 66M-2277

North of Finch Avenue, South of C.P.R., West of Rouge River

Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends the adoption of the following report (May 19, 1998) from the Director, General Legal Services and Administration, Scarborough:

Purpose:

High Glen Developments Limited and Rossland Real Estate Limited entered into a Subdivision Agreement with the Corporation of the City of Scarborough, to develop the lands located north of Finch Avenue, south of C.P.R., west of Rouge River. All departments have now completed the Development Acceptance Form for the above Plan of Subdivision. It is therefore recommended that the services can now be accepted by the City.

Recommendations:

It is recommended that:

(1)the services installed for Registered Plan 66M-2277 be accepted and that the City formally assume the roads within this Plan of Subdivision;

(2)the Legal Services Department be authorized to release the performance guarantee with the exception of a cash deposit in the amount of $5,000.00 as set out in the attached report;

(3)upon execution of an Agreement as set out in the attached report, the Legal Services Department be authorized to release the Letter of Credit being held to guarantee completion of the acoustical barrier; and

(4)the City Clerk and Treasurer be authorized to sign any release or other documentation necessary to give effect to this acceptance.

Background:

All departments have completed the Development Acceptance Form for the Plan of Subdivision located north of Finch Avenue, south of C.P.R., west of Rouge River (formerly Block 281, Registered Plan 66M-2228), now Plan 66M-2277, with the following proviso:

$5,000.00 be retained as cash deposit for the Ontario Land Surveyor=s Certificate of Completion.

High Glen Developments Limited and Rossland Real Estate Limited and the former City of Scarborough entered into a Noise Abatement Agreement dated March 17, l993 to provide for an acoustical barrier to be constructed on the condition that Finch Avenue is extended. In the event that the proposed extension of Finch Avenue was abandoned, as evidenced by the removal of such a provision from Scarborough=s Official Plan, the owner=s obligation to construct the Finch barrier would be at an end.

Scarborough=s Official Plan No. 990 which removes the proposed extension of Finch Avenue has been appealed and is currently before the Ontario Municipal Board.

It is therefore recommended that the security presently being held to guarantee completion of the acoustical barrier be released on the condition that the developer enter into an Agreement to be registered on title to the subject lands that requires the owner to post security acceptable to the City Solicitor provided the outcome of the Official Plan appeal reintroduces the extension of Finch Avenue resulting in a need for the barrier. In the event that the Board confirms the deletion of the Finch Avenue extension, this new agreement would be released from title.

The services installed for this development could now be accepted.

Contact Name:

Anna Kinastowski, Director

General Legal Services & Administration

(416) 396-7739

(416) 396-4262 Fax Number