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HomeMy WebLinkAboutADMIN 30-83CORPORAT( V OF THE TOWN OF NEWCASTL( 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO Ll C 3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD MAY 16 1983 ADMIN. 30 - 83 SUBJECT: Agreement between The Town of Newcastle and Ridge Pine Park Inc. for a Sales Office and Model Homes RECOMMENDATION: 1. That this report be received; and 2. That the attached agreement in respect of the establishment of a temporary sales office and model homes by Ridge Pine Park Inc. be approved by Council; and 3. That the attached by-law be forwarded to Council permitting execution of the above -mentioned agreement. BACKGROUND AND COMMENT: Staff have recently had discussion with representatives of Ridge Pine Park Inc. in respect of the establishment of a sales office and model homes on lands owned by Ridge Pine Park Inc. adjacent to the approved Mobile Home Park. The attached agreement sets out the conditions under which staff feel that the sales office would be appropriately established_ The Developer wishes to extend a municipal road (the east -west service road from Bennett Road on the south side of Highway 401) in order to gain access to the proposed sales area and will be obligated to undertake all necessary construction (including utilities), maintenance and repair of the road at his cost. The sales office may be established for a one-year period subject to further extensions by the Town. The Agreement may be allowed to lapse at that time or could be renegotiated as may be appropriate. , Res i,�1,(�I1 .submitted, c f 2.4 4.ol, 4 LCT.3 0,, v , I r,,; l,ngz iQSd!cul Pro,, ,,A O/LU-146 A f. . . rev "-- tia< -wk THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW being a by-law to authorize the execution of an Agreement with Ridge Pine Park Inc. in respect of the establishment of a temporary sales office The Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, an Agreement between Ridge Pine Park Inc. and the said Corporation, which is attached hereto as Schedule "X" By -Law read a first time this Twenty -Fourth day of May 1983 By -Law read a second time this Twenty -Fourth day of May 1983 By -Law read a third time and finally passed this Twenty -Fourth day of May 1983 yor Cler C, 'I'll I:; AGM:EMENT made Iln Tw.-nl II 111 Day ul May, 19111 DE'CWL''EN: THi: CORPORATION OF THE TOWN OF NLWCA!;TLI: hereinafter Called the "MuniCipall Ly" OF THE FIRST PART - and - RIDGE PINE PARK INC., a Company incorporated pursuant to the laws of the Province of Ontario - hereinafter called the "Developer" OF THE SECOND PART WHEREAS the lands affected by this Agreement are described in Schedule "A" attached hereto (hereinafter called the "lands"); AND WHEREAS the Developer warrants that it is the Owner of the lands; AND WHEREAS the Developer has entered into an Agreement dated the 2nd day of November, 1981, providing for the development of the lands described therein for purposes of a mobile home park (hereinafter called the "development"); AND WHEREAS the Developer desires to set up a temporary sales office and three (3) model mobile homes for the purposes of "pre -selling" the aforementioned development, (hereinafter called the "works"); AND WHEREAS the Municipality is agreeable to granting permission to the Developer to establish the said works under the terms and conditions contained herein: NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (receipt of which is hereto acknowledged by each party) the Parties hereto agree as follows: 1. The Developer is hereby granted permission by the Municipality to establish and set up, as the case may be, the works shown on Schedule "B" attached hereto, provided that all requirements of the Ontario Building Code Act and all other applicable regulations are complied with. 2. It is also agreed between the Parties hereto that the works are temporary and that the Developer is given permission to establish and set up the works as the case may be for a period not to exceed one year from the date of execution of this Agreement by the Municipality. Any extension of this time period will require the written consent of the Municipality. The Developer further agrees that on the cessation of the one'y�ar period, as may be extended by the Municipality, that the said lands and any and all affected public property will be restored at his cost, to a condition satisfactory to the Municipality. 1. lu ucc uid.uirc wit It till: c:.l.d,l t:;lmicul and Lhe setup ut the wink:., Lhe Municipality hereby grams permission to the Developer to use part of its mwiicipal road, nanwly the municipal road running easterly from Bennett Road to the northwest boundary of the lands, as shown in part on Schedule "B" attached hereto. 6 4. The Developer undertakes to construct the works including all that part of the aforementioned municipal road in accordance with Municipal standards. The Developer further agrees to maintain the works in good state of repair and to undertake all required maintenance of the municipal road from Bennett Road to the northwest boundary of the lands to the satisfaction of the Municipality. 5. Tile Municipality further consents to the Developer seeking permission from Ontario Hydro or any other authority as the case may be, to establish street lighting in accordance with municipal standards on the aforementioned municipal road. The Developer in obtaining the consent of the Municipality herein agrees that it will be responsible for as long as the said lights are in existence for all costs associated with the installation, operation and maintenance of the said lights. G. The Developer further agrees to make an application for a road occupancy permit or any other permit as deemed necessary by the appropriate Municipal Official with respect to its use of the aforementioned municipal road as provided for in Paragraph 5 herein. For purposes of this paragraph, the appropriate Municipal Official is deemed to be the Director of Public Works of the Town of Newcastle. 7. The Developer further agrees to make an application or applications for sign permits for any and all proposed flags, banners or signs in accordance with the provisions of the municipal Sign By -Law. 8. The Developer also agrees to enter into any and all necessary Agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the lands and to provide copies of such agreements to the Municipality. 9. The Developer also agrees to repair any damage to municipal roads as a result of the construction of the works herein and the Developer further agrees to keep municipal roads free and clear from umd and debris during the course of construction, all to the satisfaction of the Municipality. 10. The Developer further convenants and agrees to forever in�6mnity the Municipality against all actions, causes of actions, suits, claims and demands whatsoever howsoever caused which arise by rcason of the design, construction, installation and maintenance of any of the works herein ircterred to ur hereiu culiLumplaLed and in Lhic napocl. the Developer shall provide ippropri.ttu insurance satisfactory to the Municipality prior to coimnuncing any et the works heroin. ) 11. The Developer agrees that the said land shall not be used for any purpose other than as set out in this Agreement without the + prior written consent of the Municipality. 12. The Developer further agrees that the Municipality, its servants, agents or contractors shall have the right of entry to the lands for the purpose of fulfilling its duties under the terms of this Agreement or at law. 13. The Developer further agrees that any and all Governmental authorities (which without limiting the generality of the foregoing shall be deemed to include any Fire Department, Police Authority, Public Health Agency, Conservation Authority, Region of Durham, Ontario Hydro or Newcastle Hydro -Electric Commission official) shall have the right of entry to the lands for the purpose of fulfilling their duties at law. 14. The Developer hereby consents to the registration of this Agreement by the Municipality and hereby recognizes that this Agreement does not in any way relieve any of the obligations set out in the Agreement between the Municipality and the Developer dated the 2nd day of November, 1981, providing for the development of a mobile home park. 15. The Developer also agrees to charge all of its interest in the lands with the obligations set out in this Agreement. 16. Wherever the Municipality or a Municipal Official described under this Agreement is required to take action pursuant to this Agreement, or required to make a decision or render an opinion or give confirmation or give authorization, permission or approval shall be made promptly and in all respects the Municipality, its officers, servants or agents shall act reasonably. 17_ This Agreement shall ensure to the benefit of and be binding upon the Parties hereto, their successorsor assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf on the date and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE per: per: RIDGE PINE PARK INC. per: Per: I huse parts of Lot 3, bru ken Irun L Lu"CuN5 ion of the Town of NCW aSI Ie, l in the Regional Municipality of Durham, (lurmurly Township of Darlington, in the County of Durham), designated as I'arl; 1, 2, 3, 4 and 5 on a plan of Survey deposited in the Laud Registry Office fur the Land Titles Division of NewCa Stle (No, 10) as flan IOR-1513 and entered in the Register for Section lU - B.C. Cun. Newcastle (Udrling Lou) as part of Parcel 1-1. Reserving wrtU OnLarni Ilydru, its suc CeSwrs and dsslyn%. the right, privilege and casement in perpetuity over Parts 2, 3 and 4 on the aforesaid referred to Plan IUR-1413 for the purpose; and on the some terms and conditions as set out in d Iranster registered on the 24Lh day of March, ISIH3, at V U8 o'clock p.m, in the Laud Registry Ulfice for the Land Titles Division of Newcastle (No. 10) as instrument Number 1293. LOT 4 c;ROk'.EN FF?ONT; �ONCE`';IOPJ _