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HomeMy WebLinkAbout75-111REPORT NO. 111 STEPHENSON SALVAGE YARD DEVELOPMENT AGREEMENT I have examined this draft agreement and recommend that the following action be taken: 1. The agreement be approved in principle and forwarded with a copy of this report to the applicant's solicitor and surveyor for com- pletion of the blanks and schedules contained therein. 2. Item 3 of Schedule "D" and Item 1 of Schedule "F" he referred to the Works Committee for statement of their requirements. 3. The applicant's surveyor be advised that one foot reserves are to be taken around the whole of the property except for the approved entrance. Respectfully submitted, George F. Howden, Planning Director. SALVAGE YARD DEVELOPMENT AGREEMENT TOWN OF NEWCASTLE (STEPHENSON SALVAGE YARD) PN: 4444/9 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 1. Municipality -and- -and- OF THE FIRST PART 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 78.5 acres; AND WHEREAS part of the lands affected by this Agreement, which are described in Schedule "B" hereto, are hereinafter called the "Existing Site" and are reported to be approximately ...................acres; AND WHEREAS the Owner warrants that it is the registered owner of the said lands and the Existing Site; 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 part of the said lands for a salvage yard; 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: 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" - "Legal Description of Existing Site" Schedule "C" - "Site Plan of Salvage Yard" Schedule "D" - 'Charges Against Said Lands" Schedule "E" - "Easements" Schedule "F" - "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 "C" hereto without the prior written consent of the Munic- ipality. PAYMENT OF TAXES k. 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 "D" 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 "D" 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 of action, suits, claims and demands whatsoever which may arise directly or indirectly 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 "E" 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 "F" hereto for road widening purposes and one foot reserves. REQUIREMENTS FOR COMMENCEMENT OF DEVELOPMENT 9. 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. (2) IMPROVEMENT AND MAINTENANCE OF EXTERNAL ROADS 10. The Owner shall pay, at the time of execution of this Agreement, a portion of the cost of upgrading the Municipal Road between Concessions I and B.F. in the former Township of Clarke. The charges to be paid by the Owner shall be as set out in Schedule "D" hereto. Any roads abutting the said lands and any roads used for access to the said lands shall be kept in good condition and, if damaged, shall be restored to a good and usable condition to the approval of the Director of Works. SERVICE DAMAGE OR RELOCATION COSTS U. 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. CLOSING OF EXISTING OPERATION 12. The Owner agrees that, within six (6) months of the date of approval by the Ontario Municipal Board of the Amendment, it shall have ceased to operate a salvage yard on the Existing Site and that it shall have removed from the Existing Site all goods, wares, merchandise, articles or things associated with the salvage yard operation. PREVENTION OF WATER POLLUTION 13. The Owner shall ensure that no grease, oil, rust or other similar waste materials from the said lands are discharged or carried by runoff into any natural or artificial watercourse. REQUIREMENTS FOR COMMENCEMENT OF OPERATIONS 14. The Owner shall not permit the commencement of operations on the said lands until the following conditions have been met: (1) the required driveways and parking areas have been inspected and approved by the Director of Works as conforming to Schedule "C" hereto; (2) the required planting strips have been inspected and approved by the Director of Works as conforming to Schedule "C" hereto; (3) the required grants of easement or rights-of-way as set out in Schedule "E" hereto have been registered on the title of the said lands; (4) the required deeds of conveyance to the lands described in Schedule hereto have been registered. PERMISSION TO ENTER 15• 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 Salvage Yard By-law. COSTS TO BE PAID BY THE OWNER 16. 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 con- text otherwise requires. The Owner shall reimburse the Municipality for all administrative, planning, legal, engineering and inspection costs incurred by the Municipality in connection with the development of the said lands. (3) INTEREST ON UNPAID CHARGES 1T. 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 18. 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 19. 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 and upon the title to the Existing Site. RENEGOTIATION OF AGREEMENT 20. In the event that the Amendment has not been approved by the Ontario Municipal Board 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 undertake any development of the said lands until this Agreement has been renegotiated. BREACH OF AGREEMENT 21. 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 22. The Owner and Mortgagee hereby charge all their interest in the said lands with the obligations set out in this Agreement. 23. 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 OF ASSIGNMENT 24. 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 Schedules "A" and "B" hereto on the........... day of ............... A.D., 197 (5) SCHEDULE "A" LEGAL DESCRIPTION OF SAID LANDS SCHEDULE "B" LEGAL DESCRIPTION OF EXISTING SITE SCHEDULE "C" SITE PLAN OF SALVAGE YARD SCHEDULE "D" CHARGES AGAINST SAID LANDS 1. LOCAL IMPROVEMENT CHARGES 2. DRAINAGE CHARGES 3. ROAD IMPROVEMENTS SCHEDULE "E" SCHEDULE "F" 1. ROAD WIDENINGS 2. ONE FOOT RESERVES EASEMENTS LAND DEDICATIONS