DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Alan Brown, Director of Engineering

 

 

 

 

PREPARED BY:

Frank Ierfino, Development Engineer

 

 

 

 

DATE OF MEETING:

February 21, 2006

 

 

 

 

SUBJECT:

Berczy Village Community – Four-Party Agreement for Stormwater Management Pond

 

 

 

 

RECOMMENDATION:

THAT the Development Services Commission report titled “Berczy Village Community – Four-Party Agreement for Stormwater Management Pond” dated February 21, 2006 be received;

AND THAT the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of York, Berczy Developers Group, and B. McGregor Development Limited to the satisfaction of the Chief Administrative Officer and the Town Solicitor.

 PURPOSE:

To obtain Council approval to enter into an agreement with the Region of York, The Berczy Developers Group and B. McGregor Development Group to transfer outstanding obligations for a stormwater management pond from the Berczy Developers Group and B. McGregor Development Limited to the Region.

 BACKGROUND:

McGregor Plan of Subdivision Pond ’A’

B. McGregor Development Limited plan of subdivision (65M-3168) as per attachment ‘A’ in the Berczy Secondary Plan Area has been constructed including a stormwater management pond located at Stonebridge Drive and Holly Lane Drive.

The infrastructure and the stormwater management pond is now in a position to be assumed by the Town as per the subdivision agreement dated October 8, 1997, subject to B. McGregor Development Limited completing outstanding obligations related to their stormwater management pond (i.e. sediment removal, plantings, etc.).  B. McGregor Development Limited is responsible for the pond under the subdivision agreement with the Town but transfers such obligations to the Berczy Group under their Developers Group Agreement.

 

16th Avenue Sanitary Sewer

The Region commenced discharging approximately 10 l/s of groundwater on July 21, 2005 from the 16th Avenue sanitary sewer to Pond ‘A’ in accordance with their MOE permit to take water. The Region has requested B. McGregor Development Ltd. to defer the completion of the pond until the Region completes their discharge of groundwater to the pond in April, 2007. The Region has agreed to assume all outstanding obligations in respect of Pond A including silt removal, maintenance, planting etc. which will be completed by the Region after April 2007.

Agreement

In order to transfer outstanding obligations for the Pond from Berczy Developers Group and B. McGregor Development Ltd. to the Region of York an agreement is required between the Berczy Developers Group, B. McGregor Development Limited, Region of York and the Town, outlining the obligations of the four parties.  These obligations include, but are not limited to;

·        The Region agreeing to assume as of July 21, 2005 all outstanding obligations in respect of Pond ‘A’;

·     Berczy Developers Group and B. McGregor Development Limited submitting sufficient payment to the Region of their outstanding obligations to complete Pond A (silt removal, planting etc.);

·        Transfer of indemnification for the stormwater management pond from Berczy Developers Group/B. McGregor Development Limited to the Region;

·    Region to address any outstanding obligations for Markham to assume the pond;

·        The Region to carry out any monitoring or maintenance required by the Town in respect of Pond ‘A during the period of dewatering;

·        Town to release B. McGregor Development Limited from the outstanding obligations with the Pond under their October 8, 1997 agreement and release the Letter of Credit currently held by the Town for the outstanding obligations; and

·        The Region indemnifies the Town in respect of the dewatering and discharge operation and with respect to downstream claims due to water quality.

It is recommended that the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of York, The Berczy Developers Group and B. McGregor Development Limited to the satisfaction of the Town Solicitor and Chief Administrative Officer.  The conditions noted above will form the basis of this agreement.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services Department has reviewed and commented on this report.

 

ATTACHMENTS:

Attachment A – Area Map

 

 

 

 

 

 

 

Alan Brown, C.E.T.

Director of Engineering

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

 

 

 

 

 

 

 

Q:\Development\Engineering\REPORTS\2006\Feb\Berczy Village Community Pond 'A' Report.doc