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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 LOB 1BO LOT 34 33 32 31 30 29 z I I I I I 0 I I I I (REGIONAL I ROAD 22 ( � 1 i I I I I I M I I I I o Z co J o co � w c I z o I I ~ W, WATSON ov R . �MYOT TE I INVESTMENTS LTD. w I (Dev.78 -111) (Deb. 79 -27) I I RAILWAY DIAN PACIFIC CANA ( C5 BASELINE I ROAD HIGAWAY 401 I Z 04A cr 4y� U- �� I I z o ago z vi LAKE ONTARIO �-- 1 ( z KEY MAP 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 § 2 § § k � § \ R q § § q I °t4/ to / § ( , W , 2 / § § \ - ) \ \ co Rm G vti � �§ ®/ y& \ ' \ \ co \ } m § 2 § § k � § \ R q § § q I 599 11 � \\ , 2 / § g \ � �§ r \ co 599 11 � \\ 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