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Home My WebLink AboutPD-184-84 i Q I II CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 i REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 5, 1984 REPORT NO. : PD-184-84 SUBJECT: SUBDIVISION AGREEMENT UNITED COUNTIES HOLDINGS LIMITED PT.LT. 18&19, C. 10, FORMER TWP. OF DARLINGTON FILE: 18T-75362, PLAN M-753 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-184-84 be received; and * 2. That the attached amendment to United Counties Holdings Limited, Veltri and Son Limited , and Lesron Enterprises Limited and Susan Ann Swartz and the Corporation of the Town of Newcastle be approved; and * 3. That the attached by-law authorizing the execution of an amending agreement between United Counties Holdings Limited, Veltri and Son Limited, and Lesron Enterprises Limited and the Corporation of the Town of Newcastle be approved; and 4. That the subject amending agreement be executed upon submission of any outstanding monies or performance guarantees required pursuant to the parent agreement. .. .2 (�r REPORT NO. : PD-184-84 Page 2 BACKGROUND AND COMMENT: Staff have recently received a request from Mr. Ronald L. Swartz on behalf of United Counties Holdings Limited, Veltri and Son Limited and Lesron Enterprises Limited for consideration of an amendment to the subdivision agreement with respect to the provisions of Schedule "D" - "Development Charges" and Schedule "F" - "Lands and/or Cash to be Dedicated". Within the subdivision agreement reference within each of the above-noted Schedules as to the timing of the appropriate development charges and cash-in-lieu payments is noted as being either at the time of execution of the agreement or prior to the issuance of any authorization to commence works for that particular phase. Furthermore, Mr. Swartz has requested that consideration be given to the amending of Schedules "D" and "F" pertaining to Phases 3,4 and 5 by replacing the words "issuance of any authorization to commence works for" within each with the wording "the registration of ". The effect of such an amendment would require the Owners to pay the appropriate charges and fees at such time that each Phase is registered, rather than prior to commencing works and would facilitate pre-servicing. Staff would have no objections to this amendment which would require the Owner to provide the Town with the necessary payments before the issuance of any building permits for construction within a particular phase. ...3 REPORT NO. : PD-184-84 Page 3 Staff would suggest that prior to the amending agreement being signed on behalf of the Town, that any outstanding Performance Guarantees have been received by the Town. It is Staff's understanding that at the time this report was prepared, that the Owners were in the process of having the Letter of Credit prepared. Staff have prepared the necessary amendment to the agreement which is included as Attachment No. 1 to this report. If Council concurs with this recommendation , it would be appropriate to pass the necessary by-law authorizing execution of the amending agreement. Respe submitted, T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip October 24, 1984 *Attach. cc: Swartz and Swartz Barristers, Solicitors 231 Simcoe Street North OSHAWA, Ontario L1G 41`1 ATTN: Mr. Ronald L. Swartz l day of AMENDING AGREEMENT MADE (in quintuplicate) this 1984 THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the THE FIRST PART - and - UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, AND LESRON ENTERPRISES LIMITED, a private companies incorporated under the laws of the Province of Ontario, and SUSAN ANN SWARTZ, of the City of Oshawa, in the Regional unicipa ity of Durham, Married Woman, hereinafter called the "OWNERS" OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement which are described in k Schedule "A" hereto, are hereinafter called the "Lands"; AND WHEREAS the Owner warrants that it is the registered Owner of the said lands; AND WHEREAS the Town has passed By-law 82-141, and the Owners and the Town have duly executed a Subdivision Agreement pursuant to said by-law on June 16, 1983, which agreement is registered in the Registry Office, for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1380; 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 the said Subdivision Agreement; NOW THEREFORE, in consideration of the mutual agreements and covenants and promises contained herein, the parties hereto agree as follows: 1 . Schedule "D - Development Charges" within the Subdivision Agreement between the Town of Newcastle and UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, and LESRON ENTERPRISES LIMITED, registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1380 is hereby amended as follows: i) Within the Subsections entitled "PHASE NO. 3","PHASE NO., 4" and "PHASE NO. 5" the wording "issuance of any authorization to commence works for" is to be deleted and replaced with "the registration of". 2. Schedule "F - Lands and/or Cash to be Dedicated" within the Subdivision Agreement between the Town of Newcastle and UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, and LESRON ENTERPRISES LIMITED, registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1390 is hereby amended as follows: i) Within the Subsections entitled "PHASE NO. 3","PHASE NO. 4" and "PHASE NO. 5" the wording "issuance of any authorization to commence works for " is to be deleted and replaced with "the registration of". _ 2 _ 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 In the presence of: )) MAYOR CLERK UNITED COUNTIES HOLDINGS LIMITED PRESIDENT VELTRI AND SON LIMITED PRESIDENT LESRON ENTERPRISES LIMITED i ) PRESIDENT SUSAN ANN SWARTZ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84-. 1 being a By-law to authorize the entering into of a Subdivision Agreement with the Corporation of the Town of Newcastle and United Counties Holdings Limited, Veltri and Son Limited, and Lesron Enterprises Limited, and Susan Ann Swartz. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: i 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 , a Subdivision Agreement between United Counties Holdings Limited, Veltri and Son Limited, and Lesron Enterprises Limited, and Susan Ann Swartz and the said Corporation dated this day of 1984, in the form attached hereto as Schedule 1X,. 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this day of 1984 , � �4 BY-LAW read a second time this day op'1/o 1984 BY-LAW read a third time and finally passed this day of 1984 G. B. RI K RD, Y R D. W. OAKES, CLERK THIS SCHEDULE IS SCHEDULE "A" to an Amending Agreement which has been authorized -�� t and approved by By-law No. of the Corporation of the Town of Newcastle, f enacted and passed the day of 1984. LEGAL DESCRIPTION OF SAID LANDS All and singular that certain parcel or tract of land in premises situate lying and being in the Town of Newcastle, in the Regional Municipality of Durham, formerly in the Township of Darlington, in the County of Durham and being composed of as shown on a Plan of Subdivision registered in the Land Registry Office, Land Titles Division of Newcastle (No. 10) as M-753. I 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 In the presence of: ) 4 ) MAYOR CLERK 3 UNITED COUNTIES HOLDINGS LIMITED PRESIDENT VELTRI AND SON LIMITED PRESIDENT LESRON ENTERPRISES LIMITED PR SUSAN ANN SWARTZ f I