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,
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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
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'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
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