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Home My WebLink AboutDTS-08-142 - Agreement For Servicing Lots 20-25 Frey Crescent,~TC~~~R Development & Technical Services REPORT Report To: Development & Technical Services Committee Date of Meeting: September 8, 2008 Submitted By: Jeff Willmer, Director of Planning (519-741-2325) Prepared By: Lisa Thompson, Planning Technician (519-141-2841) Ward(s) Involved: Ward 4 Date of Report: September 2, 2008 Report No.: DTS 08-142 Subject: AGREEMENT FQR SERVICING. LOTS 20.25 FREY CRESCENT MAX BECKER ENTERPRISES LIMITE RECOMMENDATION: That the Mayor and Clerk be authorized to execute an agreement between the Corporation of the City of Kitchener and Max Becker Enterprises Limited to provide forthe decommissioning of redundant service connections and provision of any required new service connections to four (4} parcels of land each to be developed with a single detached dwelling on Frey Crescent, to the satisfaction of the City Solicitor. REPORT: The owner of the properties, Max Becker Enterprises Limited, has approached the City with a request to modify six ~6} existing vacant lots in Registered Plan 58M-417 into four ~4) lots. In order to make the lot line adjustment, the owner wishes to obtain a Part Lot Control Exemption By-law. To make the lot line adjustments through the Part Lot Control process, there can be no conditions associated with the By-law. The purpose of the agreement is to ensure that redundant service connections are removed, required service connections installed and all road works completed to the City's satisfaction. As part of the agreement, the City of Kitchener will hold monetary security to secure due performance of the owners obligations. FINANCIAL IMPLICATIONS: If the Owner fails to complete any of the works outlined in the Agreement, the City will have adequate security available to cover any and all costs of outstanding works. Therefore there is no financial implication to the City of Kitchener. COMMUNICATIONS: Development and Technical Services staff consulted with Legal Services regarding the Agreement and they have no concerns. Li a o pso ,CPT ~ Jeff Willmer, MCIP, RPP Planning Tec cian Director of Planning Attachmen#s: Agreement For Servicing Agreement re Lats 20 to 2~ Plan ~8M-41~ Kitchener Page ~ of 3 Agreement made this day of September, 2008, BETWEEN: Max Becker Enterprises Limited and (hereinafter called the "Owner°) The Corporation of the City of Kitchener (hereinafter called the "City ") WHEREAS: A. The Owner is the owner of Lots 20 to 25 of Registered Plan of Subdivision 58M-41 ? in the . City of Kitchener)-and Regional Municipality of Waterloo; B. The Lots have been serviced so that all requisite municipal services (electricity, water, storm sewer, sanitary sewer, telephone and cable television) lateral lines are either at or immediately within each of the Lots at or near the front lot line of each of the Lots; C. All of the Lots are vacant lots being free and clear of structures; I~. The Owner wishes to reconfigure the Lots and create four (4) parcels of land out of the Lots so that a home can be constructed on each of the four reconfigured parcels of land; E. The proposed new parcels of lands are depicted on Schedule A hereto; F. In order to create the Parcels of Land in compliance with the subdivision controls of the Planning Act R.S.0.1990, Chapter P.13, the Owner has requested the City to pass a bylaw pursuant to Section 50(7) of the said Planning Act to exempt the Lots from the provisions of subsection 50(5); G. This Agreement is being provided in anticipation of the City passing the Bylaw although the City is under no obligation to pass the Bylaw because of this Agreement or otherwise. NOW THEREFORE this agreement witnesseth that in consideration of the premises and other good and valuable consideration and the payment of TWO ($2.00) DOLLARS paid by each of the parties hereto to each other, the receipt whereof is hereby acknowledged, and in consideration of the request by the Owner the parties covenant and agree as follows; 1. Prior to the proposed Bylaw being brought forward for consideration by the Council of the City, the Owner will lodge a letter of credit (or cash security} in the amount of $2b,220.00 dollars5 with the City to secure due performance of the Owners obligations pursuant to Sections 3 and 4 of this agreement. 2. If Council of the City refuses to pass the Bylaw, the Security shall be forthwith returned to the Owner as soon as it is determined that the Bylaw will not be passed. 3. if the Bylaw is passed, then as soon as the said Bylaw is effective the Owner shall commence the steps necessary to remove all redundant lateral connections for Services with respect ~to ' C;ollecttvely referred to herein as the "Lots" ` All of which are collectively referred to herein as the "Services" And are referred to herein as the "Parcels of Land" 4 Referred to herein as the "Bylaw" ~ Referred to herein as the "Security" Agreement re Lots 20 to 25 Plan ~8M-4i~ Kitchener Page 2 of 3 the Parcels of Land in accordance with any and all requirements of the Ciry and shall install any new service connections as maybe required, If there is any issue with respect to what is a redundant lateral connection for Services the opinion of the City's Director of Engineering shall prevail and be determinative of the issue, 4, Forthwith upon the removal of all such redundant lateral connections for Services-.:the Owner shall repair all damage caused on account of such removal to any street feature such as and including without limitation of the generality of the foregoing damage to street asphalt, curbs, sidewalks and any of the Services, all as required by the City of Kitchener. The said damage will be deemed to be repaired when the engineer responsible for certifications to the City with respect ~to the subdivision in which the Lots are situate certifies all such repairs have been effected in accordance with the requirements of the Ciry. Upon the said certification taking place the City shall return the Security or so much of the Security as may then remain to the C+wner. 5, if the Owner fails to remove all~redundant lateral connections for Services and/or to repair the damage caused on account of such removal as required by the City within a reasonable period of time as determined by the City, the City may use the Security or so much of it as needed in order to complete the said removal and/or damage repair. If for any reason the.. Security should be insufficient to pay all costs incurred by the City to effect such removal and/or repair, the Owner shall immediately fund the deficiency upon the written demand of the Owner by the City. 6. The Owner agrees not to convey title to any of the Lots prior to the removal of all redundant lateral connections for Services and the repair of the damage caused on account thereof and the engineer's certification referred to above, If the Owner should breach the ;. provisions of this paragraph the Security. is forfeit to the City at the option of the Ciry. 1. The Owner is responsible to pay all costs required in order to register the Bylaw on the title to the Lots including registration casts and the' costs to prepare any reference plan needed to prepare a registrable description of the Parcels of Land. IN WITNESS ~(1HEREOF the parties have executed this Agreement. Max Becker Enterprises Limited per. Bruce Becker ~ President r have authority to bind the Corporation THE CORPORATION OF THE CITY OF KITCHENER per: . i i Carl Zehr, Mayor Clerk Agl•eement re Lots zo to z~ Plan 58M-4i~ Kitchener Page 3 of 3 Schedule A C~~ ~/ ~~ ~ -_---- ~ ~ Max ~ ~~ Conce t I p --__ ~ W 19 a~.~t 27 (~0~,6~ Z6 2~ ~• j M ~ X62 ~ ~ ~ .. -~ --~