HomeMy WebLinkAboutPD-147-89DN: watson
TOWN OF NEWCASTLE
REPORT File #: .�
Res. #
By -Law # — / ,0&
MEETING: General Purpose and Administration Committee
DATE: Monday June 19, 1989
SUBJECT: RENEGOTIATION OF SUBDIVISION AGREEMENT
WILLIAM WATSON INVESTMENTS LTD.,
PART OF LOT 31, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: DEV 78 -11 1a1.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 147 -89 be received;
2. THAT the attached amendment to the Subdivision Agreement between William
Watson Investments Limited and the Town of Newcastle be approved;
3. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Town of Newcastle an amending Agreement between William
Watson Investments Limited and the Corporation of the Town of Newcastle; and
4. THAT a copy of Council's decision be forwarded to the applicant.
1. BACKGROUND
1.1 On July 28, 1980, Council adopted By -law No. 80 -102 authorizing the Town
to enter into a Subdivision Agreement with William Watson Investments
Limited in respect of the development of a 6.9 ha parcel of land located
in Part of Lot 31, Concession 1, former Township of Darlington.
...2
599 '01
REPORT NO.:
1.2 The Development Agreement was subsequently registered on title on
November 15, 1980.
PAGE 2
1.3 In consideration of the applicants submission of three (3) Land Division
Committee applications LD 25/89, LD 26/89, and LD 27/89, Staff requested
of the Land Division Committee that should it be deemed appropriate to
approve the applications, then as a condition of approval, the applicant
satisfy the Town of Newcastle, financially and otherwise. This
provision would include the renegotiation of the Terms of the 1980
Development Agreement.
1.4 By letter dated January 18, 1989, Staff in consideration of the
provisions of Paragraph 55 entitled "Negotiation of Agreement", provided
the Owner with the thirty (30) day written notice declaring that the
Agreement was subject to renegotiation and that the Owner agrees not to
undertake any construction or installation of works until the Agreement
has been renegotiated.
1.5 Staff would note the Agreement is subject to renegotiation if no
construction or installation of any of the works has commenced within
two (2) years of the date of the registration of the Plan.
2. STAFF COMMENTS
2.1 In reviewing the Development Agreement it was Staff's position that the
present provisions did not reflect the standards/conditions as
considered by the Town in reviewing either a Commercial, Residential or
Industrial development.
2.2 An amending agreement was prepared which addressed the Town's concerns
and was forwarded to the applicant's agent, D. G. Biddle and Associates.
2.3 Staff would note that the amending provisions included the following
items: (Staff would note the paragraph numbers referenced are those so
noted in the parent agreement.)
3
599 02
•1' •
2.3.1 Dedication of Easements.......
PAGE 3
A proposed revision requiring that all easements, including external
easements to the site, are to be obtained free and clear of all
encumbrances for any off -site drainage facilities required to service the
development before an Authorization to Commence Works or prior to the
sale of any lands.
2.3.2 Amendments to Paragraph 33 - "Lands Requiring Site Plan ", Paragraph 34 -
"Requirements for Building Permits" and Paragraph 35 - "Requirements for
Sale of Lands"
.......the amendments are considered "housekeeping" revisions in the
context of the development agreement.
2.3.3 Amendment to Paragraph 37 - "Occupancy Permit"
-the deletion of this provision is consistent with Town practices,
inasmuch as each industrial site will require site plan approval, within
which Occupancy provisions are included.
2.3.4 Schedule "D" - Grants of Easement
- has been amended consistent with the provisions of Paragraph 2.3.1
noted previously.
2.3.5 Schedule "G" - Works Required
- has been amended to require the Owner to contribute to the
improvements of Trulls Road abutting the subject lands; and secondly to
provide a cash contribution for fire fighting protection purposes rather
than constructing an additional fire reservoir. The Fire Chief has
provided comments previously that there is an existing water reservoir
in the Marine Industrial Park which would serve as a water supply for
fire protection and accordingly would request a cash contribution for
same be provided. Staff would note the cash contribution is consistent
with the industrial development agreement (R. Amyotte) to the south.
2.3.6 Section "J" - Cost Estimates
- has been amended to reflect the above changes referenced in 2.3.5 and
current cost estimates.
2.3.7 Section "K" - Insurance Policies Required
- has been amended to reflect current insurance policy requirements.
2.4 Staff would note that the applicant has returned the amending agreement
and copies thereof for execution and registration.
2.4.1 Pending the execution and registration of the amending agreements, Staff
would proceed with the disposition of the Land Division Committee
applications as submitted.
...4
599 03
REPORT 0O.: PD-147-89
3. RECOMMENDATION
3.1 In consideration of the above-noted comments Staff would have no
objections to the approval of the amending agreement, and respectfully
request that the amending agreement and authorizing by-law be forwarded
to Council.
Respectfully submitted,
Director of Planning & Development
LDT*FW*oo
*Attach.
June 12' 1989
Recommended for presentation
to the Committee
hief Administrative Officer
CC: Creighton, Victor, Alexander, Hayward 6 Morison
Barristers 6 Solicitors
P.O. Box 201
235 King St. East
D8BAW&, Ontario Ll8 7L1
Attention: Mc. Victor
Mr. William Watson,
B.R.#2
BL&CKSTOCK, Ontario
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599 05
AMENDING AGREEMENT MADE (in quintuplicate) this day of 1989
BETWEEN:
WILLIAM WATSON INVESTMENTS LIMITED, a Company incorporated
under t o laws of t o Prov nce FoOntario
hereinafter called the "OWNERS" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "MUNICIPALITY" OF THE SECOND PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement which are described in Schedule
"A" hereto, are hereinafter referred to as the "said lands ";
AND WHEREAS the Owners warrant that they are the registered Owners of the said
lands;
AND WHEREAS the Municipality has passed By -law 80 -151 and the Owners and the
Municipality have duly executed a Subdivision Agreement pursuant to said By -law
on July 28th, 1980, which Agreement is registered in the Registry Office for the
Land Registry Division of Newcastle (No. 10) as Instrument Number 100963;
AND WHEREAS the Council of the Town of Newcastle has resolved to approve an
amendment to the aforesaid Agreement;
AND WHEREAS the parties hereto agree to amend said Subdivision Agreement;
NOW THEREFORE, in consideration of the mutual agreements, covenants and
promises contained herein, the parties hereto agree as follows:
1. Paragraph 7, Dedication of Easements, is hereby amended by deletion of
the last sentence in its entirety, and replacing same with the following:
"The owners shall, prior to any authorization to commence works or prior
to the sale of any lands, deliver to the Municipality executed Transfers
of Easements, free and clear of all encumbrances, for any off -site
drainage facilities required to service this development."
L.R.: 05.06.89
599 06
- 2 -
2. Paragraph 33, Lands Requiring Site Plan, is hereby amended by deleting
the following words from the first line thereof "if required by the Site Plan
committee then ".
3. Paragraph 34, Requirements for Building Permits, is hereby amended by
deleting subsection (v) in its entirety and replacing with the following new
subsection (v):
"(v) The Owners have deposited with the Municipality the Performance
Guarantee required pursuant to Paragraph 18, and said Performance
Guarantee is in good standing."
4. Paragraph 34, Requirements for Building Permits, is hereby further
amended by deleting subsection (vi) in its entirety and replacing with the
following new subsection (vi):
"(vi) The Owners agree that no application for any building permits
shall be made in respect of any part of the said lands until the Owners
or their successors in titles have entered into a site plan agreement
with the Municipality respecting the development of such part or lot of
the said lands, and said agreement specifically provides for joint access
which shall be developed in accordance with the current Town standards
and design criteria."
5. Paragraph 34, Requirements for Building Permits, is hereby further
amended by adding thereto a new subsection (vii) as follows:
"(vii) The Owners have paid an amount to the Town equal to fifty percent
(50 %) of the estimated cost of a fire reservoir as specified within
Schedule "G" hereto."
6. Paragraph 34, Requirements for Building Permits, is hereby further
amended by adding thereto a new subsection (viii) as follows:
"(viii) The Owners have paid to the Municipality the apportioned costs
of the reconstruction of Trulls Road as specified within Schedule "J"
hereto."
7. Paragraph 35, Requirementq, for Sale of Lands, is hereby amended by
deleting subparagraph (i) in its entirety and replacing same with the
following:
"(i) The Municipality has registered against the title to such lands any
Grant of Easement in respect of the development of such lands, as well
as any Grant of Easement external to the said lands required to
accommodate the storm drainage originating on the said lands."
8. Paragraph 37, Occupancy Permit, is hereby amended by adding immediately
after the title "Occupancy Permit ", the words "not applicable ".
9. Schedule "D" is hereby amended by deleting same in its entirety and
replacing with the following new Schedule "D ":
"GRANTS OF EASEMENTS TO BE DEDICATED:
The Owner will convey to the Municipality the following easements:
1. A drainage easement over Part 2, Plan 1OR -1159
2. An external drainage easement over Parts 10 Io, Plan 1OR -1381
AND 12 W
59'9 07
- 3 -
10. Schedule "G" is hereby amended by adding to subparagraph 2, Roadways,
the following sentence:
"The Owners agree to pay to the Municipality an amount equal to the cost
of reconstruction of Trulls Road along the full length of the frontage
abutting the said lands in accordance with the Works Cost Estimate
contained on Schedule "J" hereto."
11. Schedule "G" is hereby further amended by deleting within subparagraph 1,
Storm Drainage System, Paragraphs 4 and 5.
12. Schedule "G" is hereby further amended by deleting within subparagraph 2,
Roadways, within the second paragraph, the second line, the words "and Trulls
Road ".
13. Schedule "G" is hereby further amended by deleting subparagraph IV, Fire
Reservoir, in its entirety and replacing with the following new subparagraph IV:
"IV - FIRE RESERVOIR
The Owner agrees to pay to the Town of Newcastle, an amount equal to
fifty percent (50 %) of the estimated cost of constructing a fire
reservoir having a capacity of 100,000 litres as specified by Schedule
"J" attached hereto."
14. Schedule "G" is hereby further amended by deleting within subparagraph V,
Fencing and Landscaping, paragraphs (b) and (c) and within paragraph (e),
deleting the word "trees" and replacing same with the word "hedges ".
Furthermore, the remaining three (3) paragraphs are to be renumber (a), (b), and
(c),
15. Schedule "J ", Cost Estimate, is hereby amended by deleting same in its
entirety and replacing with the following Schedule "J" attached hereto.
16. Schedule "K", Insurance Policies Required, subparagraph (2), subsections
(a), (b) and (c) are hereby amended by deleting the numerical figures therein
and replacing with the following numbers:
"(a) $1,000,000.00
(b) $2,000,000.00
(c) $1,000,000.00
IN•WITNESS WHEREOF the parties hereto have hereunto 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 authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L.R.: 05.06.89
THE CORPORATION OF THE TOWN OF NEWCASTLE
MAYOR
CLERK
WILLIAM WATSON INVESTMEN LIMITED
TI L :William Watson, President
I have authority to bind the Corporation.
TITLE:
599 08
THIS IS SCHEDULE "A" to the Amending Agreement which has been authorized by
By -law No. of the Town of Newcastle, enacted and passed the day of
1989.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land situate, lying and being
in the Town of Newcastle, in the Regional Municipality of Durham, and being
composed of Part of Lot 31, Concession 1, in the Geographic Township of
Darlington, and now described as Parts 1 to 5, Plan 1OR -1159.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
and /or corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE
MAYOR
I
CLERK
WILLIAM WATSON INVESTMENTS LIMITED
TITLE. William Watson, President.
I have authority to bind the Corporation.
TITLE:
L.R.: 05.06.89
599 09
THIS IS SCHEDULE "J" to the Amending Agreement which has been authorized by
By -law No. of the Town of Newcastle, enacted and passed the day of
1989.
SCHEDULE "J" COST ESTIMATE
ITEM DESCRIPTION AMOUNT
PART 1
1.
Repair Road Ditches
$ 1,750.00
2.
Construct Storm Drainage Ditch
3,330.00
3.
Construction Storm Detention Pond
7,700.00
7.
Removal of Detention Pond & Repair Ditch
8,750.00
8.
Construct Road Culverts
1,990.20
9.
Repair Asphalt
2,300.00
10.
Street Lighting (Trulls and Baseline)
4,500.00
11.
Cedar Hedge $10.00 /ft. 706'
7,060.00
12.
Fencing $10.00 /ft. 706' =
7,060.00
13:
Engineering @ 15%
6,666.03
TOTAL AMOUNT OF LETTER OF CREDIT $51,106.23
PART 2
1. Asphalt -
Surface Course
$ 1,805.90
2. Asphalt -
Binder Course
3,009.83
3. Granular
"A"
3,672.00
4. Granular
"B"
6,114.24
5. Granular
"A" (Shoulders)
672.07
6. Ditch Grading and Sodding on 100mm Topsoil
3,100.00
SUBTOTAL
$18,374.04
Engineering @ 15%
2,756.11
TOTAL $21,130.15
CASH CONTRIBUTION $21,130.00
The Performance Guarantee has been based on Preliminary Estimates only, and,
when the final Engineering Drawings have been approved by the Directors of
Public Works, a revised Cost Estimate of the Works, shall be prepared by the
Owner's Engineer for approval. This revised Cost Estimate shall be used as a
basis to adjust the Performance Guarantee, if the Estimate increases or
decreases.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
and /or corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 05.06.89
THE'CORPORATION OF THE TOWN OF NEWCASTLE
MAYOR
CLERK
WILLIAM WATSON INVESTMENTS LIMITED
-
TIT E:
William Watson, President.
I have authoritv to bind the Corporation.
TITLE:
599 10
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DN: B/L
THE CORPORATION OF THE TOWN OF NEXASTLE
BY -LAW NUMBER 89-
being a By -law to authorize the entering into of an amending Agreement between
William Watson Investments Limited and the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deem it
appropriate to enter into an Amending Agreement in respect of File DEV 87 -11;
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. 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's seal,
an Agreement between William Watson Investments Limited and the said Corporation
dated the day of , 1989, in the form attached hereto
as Schedule "X ".
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of
the Town, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3. THAT Schedule "X" attached hereto forms part of this By -law.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
599 12
MAYOR
CLERK