Moved by: Councillor C. Kitts (on behalf of Councillor W. Lo)
WHEREAS a gateway feature was constructed at the southwest corner Crestway Drive and Prince of Wales Drive as part of a subdivision agreement registered on 17 January 2002 as OC35390 (and amended by an agreement registered on 24 January 2003 as OC163052 and by an agreement registered on 22 March 2004 as OC311288); and
WHEREAS the gateway feature and the associated parcel of land were not conveyed to the City as part of the subdivision process; and
WHEREAS the City completed its report on the Design Guidelines for New Development Application Gateway Features in 2008; and
WHEREAS through the Design Guidelines for New Development Application Gateway Features, the City has since developed a maintenance fund to cover all costs associated with the maintenance and upkeep of gateway features for 20 years, with the base amount being $25,500 in 2014 value; and
WHEREAS as a result of retaining ownership of the land parcel, the applicant has accrued an outstanding tax balance of approximately $27,000, which would not have been incurred if the gateway feature and parcel was transferred to the City upon completion of construction; and
WHEREAS the applicant has agreed to pay the outstanding tax balance and an additional $10,000 contribution to the gateway feature maintenance fund, for a total of approximately $37,000; and
WHEREAS the applicant has agreed to address all deficiencies outlined by asset management prior to the transfer of the gateway feature and land; and
WHEREAS the $10,000 is sufficient for the removal of the feature at the end its service life, which is in approximately 30 years; and
WHEREAS the applicant has agreed to pay the Land Transfer Tax (LTT) and Harmonized Sales Tax (HST) associated with the land transfer.
THEREFORE BE IT RESOLVED THAT, as a modification of the subdivision approval, Council direct staff to assume the gateway feature and its associated parcel, being Parts 1 to 3 on Plan 4R-20761, for a nominal value of $1 from 1213225 Ontario Ltd. and Tamarack Developments Corporation, subject to the complete payment of all taxes owing, the contribution of $10,000 to the gateway feature maintenance fund, and addressing all deficiencies outlined by asset management. A new account shall be set up to deposit the $10,000 maintenance contribution.