DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Alan Brown, Director of Engineering
	PREPARED BY:	Frank Ierfino, P. Eng., Development Engineer
	DATE OF MEETING:	2004-Nov-23
	SUBJECT:	Wismer Commons Developers Group Inc. - Amendment to the Master Servicing Agreement for Municipal Trunk Infrastructure

RECOMMENDATION

THAT the Development Services Commission report titled “Wismer Commons Developers Group Inc. - Amendment to Master Servicing Agreement for Municipal Trunk Infrastructure” dated November 23, 2004 be received;

AND THAT the Mayor and Clerk be authorized to execute an amendment to the existing master servicing agreement between the Town of Markham and the Wismer Commons Developers Group Inc. dated January 02, 2004, to the satisfaction of the Chief Administrative Officer and the Town Solicitor.

PURPOSE

The proposed amendment, to the existing master servicing agreement dated January 02, 2004, will allow the design and construction of sanitary trunk, storm trunk, storm water pond 3, retrofit storm water pond 2 and Roy Rainey road crossing services in the Phase 3 of Wismer Commons Secondary Plan.

BACKGROUND

Council approved Phases 1 and 2 of the Wismer Commons draft plans of subdivision for servicing 2,157 units at its February 23, 1999 meeting and authorized a master servicing agreement to provide for the installation of hard infrastructure. The construction of municipal services has been completed and currently both these phases are in the registration process.

The Town has received five development applications from Wismer Markham, Mattamy, Fieldgate, 1033954 Ontario Ltd and Mackenzie for the development of Phase 3 of the Wismer Commons Secondary Plan which have sewage and water allocation.

As practiced earlier in Phases 1 and 2, the Wismer Commons Developers Group, instead of entering into separate infrastructure servicing agreements with each landowner and constructing the necessary group infrastructure services independently, are proposing to install these shared infrastructure services under a master servicing agreement. Under this agreement, the Group will design and construct the necessary infrastructure (sanitary trunk, storm trunk, and storm water management ponds, etc.) to service Phase 3, subject to the necessary planning approvals.

OPTIONS / DISCUSSION

The master servicing agreement, as proposed, will facilitate the servicing and development of Wismer Phase 3.

The Town staff has reviewed and discussed the master infrastructure servicing concept for Phase 3 with the Group. Staff are in agreement with this master servicing concept, subject to the Group satisfying the following conditions:

· amending the existing master servicing agreement with the Town to the satisfaction of the Chief Administrative Officer and the Town Solicitor;

· providing all dedications and easements for the right-of-ways and services as determined by the Town;

· submitting all the required fees and securities for the construction of the infrastructure;

· providing liability insurance and indemnifying the Town as required;

· fulfilling the technical requirements as per the Town criteria; and

· the assumption of the infrastructure will be linked to the assumption of individual subdivisions, where applicable

It is, therefore, recommended that the Mayor and Clerk be authorized to execute an amendment to the existing Master Servicing Agreement dated January 02, 2004 with the Trustee of the Wismer Commons Developers Group Inc. to the satisfaction of the Chief Administrative Officer and the Town Solicitor.

BUSINESS UNITS CONSULTED AND AFFECTED

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

ATTACHMENTS

Figure 1: Map of Wismer Commons Phase 3 Developments.

Attachment: Copy of amendment

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

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