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HomeMy WebLinkAbout75-109REPORT NO. 109 DEVELOPMENT AGREEMENT FOR CONSOLIDATED SAND AND GRAVEL: I have examined the proposed agreement in relation to Section 4(12)(d) of the Interim District Plan which outlines the points to be covered in such development agreements. I note that the follow- ing items contained in the Interim Plan (page 27) do not appear in the draft agreement: (i) performance bonds (ii) rehabilitation (iii) traffic control and road improvements (iv) control of entrances (v) control of blasting (viii) conservation of topsoil Clauses should be added to the agreement to cover these points. In addition, the following comments are submitted on those clauses which are presently in the agreement: Section 5: There are no local improvements in this area nor has the land ever been drained under the Drainage Act so this clause is unnecessary. Section 7: I cannot forsee any agency which would require an easement across this prop- erty. Section 8: This should include a 10 foot road widening. Section 9: It is uncertain who is charged with the obligation of this section. Page #2........ The zoning by-law amendment which would allow this project to go ahead was passed by the former Township of Clarke. This by-law was objected to by the Province on certain technical grounds which need not be elaborated here. The consultant was requested by Com- mittee of the Whole to revise the by-law to meet the Province's requirements. In view of the length of time which this project has been in the process of approval, I would suggest that the consult- ant should be instructed to have the revised agreement and by-law ready for approval at the next meeting of the Planning Advisory Committee. Respectfully submitted, 7 �G lW f George F. Howden, Planning Director. 10 PITS AND QUARRIES DEVELOPMENT AGREEMENT TOWN OF NEWCASTLE (CONSOLIDATED SAND AND GRAVEL CO.) PN: 4444/11 DRAFT: 18 February 1975 MUNICIPAL PLANNING CONSULTANTS CO. LTD. TOWN PLANNERS . PROFESSIONAL ENGINEERS TORONTO KINGSTON CANADA THIS AGREEMENT, made in quintuplicate this......... day of ............. A.D., 197 . BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Municipality" OF THE FIRST PART -and- CONSOLIDATED SAND AND GRAVEL COMPANY, -and- hereinafter called the "Owner" OF THE SECOND PART hereinafter called the "Mortgagee" OF THE THIRD PART WITNESSES THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "said lands" and are reported to be approxi- mately seventy (70) acres; AND WHEREAS the Owner warrants that it is the registered owner of the said lands; AND WHEREAS the Owner and Mortgagee represent that the Mortgagee is the only Mortgagee of the said lands; AND WHEREAS in this Agreement, "Owner" includes an Individual, an Association, a Partnership or a Corporation and, wherever the singular is used herein, it shall be construed as including the plural; AND WHEREAS the Owner has applied to the Municipality for a Zoning By-law Amend- ment, hereinafter called the "Amendment", to permit the use of the said lands for a gravel pit; NOW THEREFORE, in consideration of other good and valuable consideration and the sum of One Dollar ($1.00) of lawful money of Canada, now paid by each of the Parties hereto to each of the other Parties hereto, (the receipt whereof is hereby acknowledged), the Owner and the Mortgagee hereby covenant, promise and agree with the Municipality as follows: SCHEDULES 1. The following Schedules, which are identified by the signatures of the Parties to this Agreement and which are attached hereto together with all provisions con- tained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedule "A" - "Legal Description of Said Lands" Schedule "B" - "Site Plan of Gravel Pit"' Schedule "C" - "Charges Against Said Lands" Schedule "D" - "Easements" Schedule "E" - "Land Dedications" (1) COMPLIANCE WITH BY-LAWS. STATUTES AND REGULATIONS 2. The Owner agrees that the development of the said lands, the erection and use of any buildings or structures and the operations on the said lands shall comply with all applicable Municipal, Regional, Provincial and Federal by-laws, statutes and regulations. USE OF SAID LANDS 3. The Owner agrees that the said lands shall be used for no purposes other than those shown in Schedule "B" hereto without the prior written consent of the Munic- ipality. PAYMENT OF TAXES 4. The Owner shall pay, at the time of execution of this Agreement, all Municipal taxes outstanding against the said lands as set out in Schedule "C" hereto. The Owner also agrees to pay any Municipal taxes, which may become due and payable by it, prior to the sale by the Owner of any of the said lands. PAYMENT OF LOCAL IMPROVEMENT AND DRAINAGE CHARGES 5. The Owner shall pay, at the time of execution of this Agreement, all charges with respect to existing local improvements and drainage charges under The Drainage Act assessed against the said lands. Such charges shall be as set out in Schedule "C" hereto and shall include the Municipality's share of any local improvements which serve the said lands. LIABILITY OF OWNER 6. Until the Amendment has been approved by the Ontario Municipal Board, the Owner shall indemnify the Municipality against all actions, causes for action, suits, claims and demands whatsoever which may arise either directly or in- directly by reason of the Owner undertaking the development of the said lands. EASEMENTS 7. The Owner and the Mortgagee shall provide the Municipality and/or other public agency with gratuitous easements across the lands described in Schedule "D" hereto for the use of the Municipality and/or other public agency. The Owner agrees that he will not convey, or agree to convey, any lands in which the Municipality and/or other public agency is being conveyed an interest by way of easement, right-of-way or agreement under the terms of this Agreement until such time as the Municipality and/or other public agency has registered on title of the property through which an easement or right-of-way passes, the grant of easement or right-of-way. LAND DEDICATIONS 8. The Owner shall deposit with the Municipality a deed of conveyance in respect of the lands described in Schedule "E" hereto for road widening purposes and one foot reserves. MAINTENANCE AND CLOSING OF EXTERNAL ROADS 9. Any roads abutting the said lands and any roads used for access to the said lands shall be kept in as good condition as that now existing and, if damaged, shall be restored to a good and usable condition to the approval of the Director of Works. No road outside the limits of the said lands may be closed without the written consent of the Director of Works. (2) SERVICE DAMAGE OR RELOCATION COSTS 10. The Owner agrees to pay the cost of repairing any damages to any existing services and/or utilities, and the cost of relocating any existing services and/ or utilities caused by the development and/or operation of the said lands. REQUIREMENTS FOR COMMENCEMENT OF OPERATIONS 11. The Owner shall not permit the commencement of operations on the said lands until the following conditions have been met: (1) the required planting strips have been inspected and approved by the Director of Works as conforming to Schedule "B" hereto; (2) the required grants of easement or rights-of-way as set out in Schedule "D" hereto have been registered on the title to the said lands; (3) the required deeds of conveyance to the lands described in Schedule "E" hereto have been registered. SURFACE DRAINAGE 12. The Owner shall ensure that all surface water will be properly drained from the said lands by natural means and/or by the installation of storm drainage works to the satisfaction of the Director of Works. DISPOSAL OF SEWAGE AND WASTE WATER 13. The Owner shall ensure that all sewage and waste water resulting from the operations on the said lands shall be conducted through settling basins or other treatment facilities approved by the Ministry of the Environment. After such treatment, the water shall be conducted to a discharge outlet to a watercourse subject to the approval of the Director of Works. PUMPING OPERATIONS 14. The Owner shall ensure that any pumping operations on the said lands shall be approved by the Ministry of the Environment. WATER SUPPLY 15• The Owner shall ensure that the requirements of the Health Unit and the Ministry of the Environment are satisfied with regard to any water supply works. PREVENTION OF AIR POLLUTION 16. The Owner shall ensure that all operations carried out on the said lands shall satisfy the requirements of the Ministry of the Environment. The Owner shall further ensure that, on the said lands, all operations, roads and material stockpiles are maintained, at all times, in a condition so as to prevent the distribution of dust from the said lands to any neighbouring property. HOURS OF OPERATIONS 17. The Owner agrees that all operations on the said lands relating to the extraction, processing, classifying and transportation of aggregate materials shall be confined to the hours from eight o'clock in the morning (8:00 A.M.) to six o'clock in the evening (6:00 P.M.) from Monday to Saturday, inclusive. (3) PERMISSION TO 18. The Over or any subsequent owner shall permit a Municipal Inspector, autho- rized by the Municipal Council, and/or the representatives of any other public agency to enter the said lands to ensure compliance with the provisions of this Agreement. COSTS TO BE PAID BY THE OWNER 19. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner" unless the context otherwise requires. The Owner shall reimburse the Municipality for all administrative, planning, legal, engineering and inspection costs in- curred by the Municipality in connection with the development of the said lands. INTEREST ON UNPAID CHARGES 20. Interest at the usual Municipal rate shall be payable by the Owner to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. The due dates of any such sum of money payable herein shall be thirty (30) days after the date of the invoice. NOTIFICATION OF OWNER 21. If any notice is required to be given by the Municipality to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: ........... .................. .................... .. .... ..... .... . ... or such address as the Owner has notified the Municipality in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. REGISTRATION OF AGREEMENT 22. The Owner and Mortgagee hereby consent to the registration of this Agree- ment by the Municipality, and at the sole discretion of the Municipality, upon the title to the said lands. RENEGOTIATION OF AGREEMENT 23• In the event that the development of the said lands has not commenced within one year from the date of registration of this Agreement, the Municipality may, at its option, on one month's written notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees that he will not under- take any development of the said lands until this Agreement has been renegotiated. BREACH OF AGREEMENT 24. Prior to the approval by the Ontario Municipal Board of the Amendment, the Owner agrees that the Municipality may treat any breach of this Agreement as a breach of the Municipality's Building By-law and the Owner further agrees to cease forthwith, any development of the said lands, until the breach is rectified. INTEREST IN THE SAID LANDS 25. The Owner and Mortgagee hereby charge all their interest in the said lands with the obligations set out in this Agreement. SUCCESSORS 26. This Agreement shall enure to the benefit of and be binding upon all of the Parties hereto and its, his or her respective heirs, executors, administrators, successors and assigns. (4) CONSENT TO ASSIGNMENT 27. The Owner may assign this Agreement only with the written consent of the Municipality. IN WITNESS WHEREOF the Parties hereto have hereunder set their hands and seals the day and year first above written, and the Parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly autho- rized in that behalf. SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE TOWN OF NEWCASTLE in the presence of: ) (Mayor) (SEAL) (Clerk) )OWNER: (SEAL) )MORTGAGEE: (SEAL) THIS AGREEMENT has been authorized and approved by By-law No ................... enacted and passed the....................day of.................., A.D., 197 . THIS AGREEMENT has been registered on the title to the lands described in Schedule "A" hereto on the................day of.................., A.D., 197 . (5) SCHEDULE "All SCHEDULE "B" LEGAL DESCRIPTION OF SAID LANDS SITE PLAN OF GRAVEL PIT SCHEDULE "C" CHARGES AGAINST SAID LANDS 1. LOCAL IMPROVEMENT CHARGES 2. DRAINAGE CHARGES SCHEDULE "D" SCHEDULE "E" 1. ROAD WIDENINGS 2. ONE FOOT RESERVES EASEMENTS LAND DEDICATIONS TOURIST CAMP DEVELOPMENT AGREEMENT TOWN OF NEWCASTLE (PRESERVATION SANCTUARY CAMP CLUB) PN: 4444/8 DRAFT: 20 February 1975 MUNICIPAL PLANNING CONSULTANTS CO. LTD. TOWN PLANNERS . PROFESSIONAL ENGINEERS TORONTO KINGSTON CANADA THIS AGREEMENT, made in quintuplicate this......... day of..........., A.D., 197 . BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the Municipality OF THE FIRST PART -and- THE PRESERVATION SANCTUARY CAMP CLUB, hereinafter called the "Owner" OF THE SECOND PART hereinafter called the "Mortgagee" OF THE THIRD PART WITNESSES THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "said lands" and are reported to be approxi- mately ................. acres; AND WHEREAS the Owner warrants that it is the registered owner of the said lands; AND WHEREAS the Owner and Mortgagee represent that the Mortagee is the only Mortgagee of the said lands; AND WHEREAS in this Agreement, "Owner" includes an Individual, an Association, a Partnership or a Corporation and, wherever the singular is used herein, it shall be construed as including the plural; AND WHEREAS the Owner has applied to the Municipality for a Zoning Amendment, hereinafter called the "Amendment", to permit the use of the said lands for a tourist camp; NOW THEREFORE, in consideration of other good and valuable consideration and the sum of One Dollar ($1.00) of lawful money of Canada, now paid by each of the Parties hereto to each of the other Parties hereto, (the receipt whereof is hereby acknowledged), the Owner and the Mortgagee hereby covenant, promise and agree with the Municipality as follows: SCHEDULES 1. The following Schedules, which are identified by the signatures of the Parties to this Agreement and which are attached hereto together with all provisions con- tained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedule "A" - "Legal Description of Said Lands" Schedule "B" - "Site Plan of Tourist Camp" Schedule "C" - "Charges Against Said Lands" Schedule "D" - "Easements" Schedule "E" - "Land Dedications" (1) COMPLIANCE WITH BY-LAWS. STATUTES AND REGULATIONS 2. The Owner agrees that the development of the said lands including the instal- lation and maintenance of all services and facilities, the erection and use of any buildings or structures and the operations on the said lands shall comply with all applicable Municipal, Regional, Provincial and Federal by-laws, statutes and regulations. USE OF SAID LANDS 3. The Owner agrees that the said lands shall be used for no purposes other than those shown in Schedule "B" hereto without the prior written consent of the Munic- ipality. The Owner further agrees that the said lands shall be used only by members and guests of the Preservation Sanctuary Camp Club and shall not be open to the general public. PAYMENT OF TAXES 4. The Owner shall pay, at the time of execution of this Agreement, all Municipal taxes outstanding against the said lands as set out in Schedule "C" hereto. The Owner also agrees to pay any Municipal taxes, which may become due and payable by it, prior to the sale by the Owner of any of the said lands. LIABILITY OF OWNER 5. Until the Amendment has been approved by the Ontario Municipal Board, the Owner shall indemnify the Municipality against all actions, causes for action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Owner undertaking the development of the said lands. iareaIRM&M 6. The Owner and the Mortgagee shall provide the Municipality and/or other public agency with gratuitous easements across the lands described in Schedule "D" hereto for the use of the Municipality and/or other public agency. The Owner agrees that he will not convey, or agree to convey, any lands in which the Municipality and/or other public agency is being conveyed an interest by way of easement, right-of-way or agreement under the terms of this Agreement until such time as the Municipality and/or other public agency has registered on title of the property through which an easement or right -of -xray passes, the grant of easement or right-of-way. LAND DEDICATIONS 7. The Owner shall deposit with the Municipality a deed of conveyance in respect of the lands described in Schedule "E" hereto for road widening purposes and one foot reserves. REQUIREMENTS FOR COMMENCEMENT OF DEVELOPMENT 8. Before any development of the said lands.is commenced, in addition to any other requirements contained herein, the Owner shall have obtained from the Municipality an entrance permit to allow vehicular access to the said lands from a road abutting the said lands. MAINTENANCE AND CLOSING OF EXTERNAL ROADS 9. Any roads abutting the said lands and any roads used for access during any construction on the said lands shall be kept during the said construction in as good condition as that now existing and, if damaged, shall be restored to a good and usable condition at least equal to that existing prior to the construction and to the approval of the Director of Works. No road outside the limits of the said lands may be closed without the written consent of the Director of Works. (2) SERVICE DAMAGE OR RELOCATION COSTS 10. The Owner agrees to pay the cost of repairing any damages to any existing services and/or utilities, and the cost of relocating any existing services and/ or utilities caused by the development and/or operation of the said lands. REMOVAL OF TOPSOIL 11. No topsoil shall be removed from the said lands except for construction purposes and such topsoil shall remain within the limits of the said lands. GARBAGE AND DEBRIS DISPOSAL 12. All garbage and debris resulting from the development of the said lands must be disposed of in an orderly and sanitary fashion in a dumping area provided by the Owner and approved by the Region of Durham. The Municipality is not respon- sible for the removal or disposal of garbage and debris. The Owner agrees to deliver a copy of this Clause to each and every builder obtaining a building per- mit for any part of the said lands. REQUIREMENTS FOR OCCUPANCY 13. The Owner shall not permit the occupancy of the said lands or any buildings erected or placed thereon until the following conditions have been met: (1) the required water supply facilities have been inspected and approved by the Health Unit or the Ministry of the Environment; (2) the required sewage disposal facilities have been inspected and approved by the Health Unit or the Ministry of the Environment; (3) the required storm drainage system has been inspected and approved by the Director of Works; (4) the required electrical distribution system has been inspected and approved by the Hydro Electric Power Commission of Ontario; (5) the required driveways and parking areas have been inspected and approved by the Director of Works as conforming to Schedule "B" hereto; (6) the required landscaped open space areas and planting strips have been in- spected and approved by the Director of Works as conforming to Schedule "B" hereto; (7) the required grants of easement or rights-of-way as set out in Schedule "D" hereto have been registered on the title to the said lands; (8) the required deeds of conveyance to the lands described in Schedule "E" hereto have been registered. PERMISSION TO ENTER 14. The Owner or any subsequent owner shall permit a Municipal Inspector, autho- rized by the Municipal Council, and/or the representatives of any other public agency to enter the said lands to ensure compliance with the provisions of this Agreement and the Municipality's Tourist Camp By-law. (3) COSTS TO BE PAID BY THE OWNER 15. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner" unless the context otherwise requires. The Owner shall reimburse the Municipality for all administrative, planning, legal, engineering and inspection costs in- curred by the Municipality in connection with the development of the said lands. INTEREST ON UNPAID CHARGES 16. Interest at the usual Municipal rate shall be payable by the Owner to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. The due dates of any such sum of money payable herein shall be thirty (30) days after the date of the invoice. NOTIFICATION OF OWNER 17. If any notice is required to be given by the Municipality to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: .............................................................................. or such address as the Owner has notified the Municipality in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. REGISTRATION OF AGREEMENT 18. The Owner and Mortgagee hereby consent to the registration of this Agree- ment by the Municipality, and at the sole discretion of the Municipality, upon the title to the said lands. RENEGOTIATION OF AGREEMENT 19. In the event that the development of the said lands has not commenced within one year from the date of registration of this Agreement, the Municipality may, at its option, on one month's written notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees that he will not under- take any development of the said lands until this Agreement has been renegotiated. BREACH OF AGREEMENT 20. Prior to the approval by the Ontario Municipal Board of the Amendment, the Owner agrees that the Municipality may treat any breach of this Agreement as a breach of the Municipality's Building By-law and the Owner further agrees to cease forthwith, any development of the said lands, until the breach is rectified. INTEREST IN THE SAID LANDS 21. The Owner and Mortgagee hereby charge all their interest in the said lands with the obligations set out in this Agreement. SUCCESSORS 22. This Agreement shall enure to the benefit of and be binding upon all of the Parties hereto and its, his or her respective heirs, executors, administrators, successors and assigns. CONSENT TO ASSIGNMENT 23. The Owner may assign this Agreement only with the written consent of the Municipality. (4) IN WITNESS WHEREOF the Parties hereto have hereunder set their hands and seals the day and year first above written, and the Parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly autho- rized in that behalf; SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE TOWN OF NEWCASTLE in the presence of: ) Mayor (SEAL) Clerk )OWNER: ) (SEAL) )MORTGAGEE: (SEAL) THIS AGREEMENT has been authorized and approved by By-law No ................. enacted and passed the.................day of....................., A.D., 197 THIS AGREEMENT has been registered on the title to the lands described in Schedule "A" hereto on the.............day of....................., A.D., 197 . (5) SCHEDULE "A" SCHEDULE "B" SCHEDULE "C" LEGAL DESCRIPTION OF SAID LANDS SITE PLAN OF TOURIST CAMP CHARGES AGAINST SAID LANDS SCHEDULE "D" EASEMENTS SCHEDULE "E" LAND DEDICATIONS 1. ROAD WIDENINGS 2. ONE FOOT RESERVES