HomeMy WebLinkAboutPD-181-84 Q
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF NOVEMBER 5, 1984
REPORT NO. : PD-181-84
SUBJECT: SUBDIVISION AGREEMENT
SCHLEISS AND HOLLAND
FILE: 18T-77001
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-181-84 be received; and
* 2. That the attached by-law authorizing the
execution of an amending agreement between
Walter Schleiss and Raymond D. Holland and the
Corporation of the Town of Newcastle be
approved.
i
i
. . .2
REPORT NO. : PD-181-84 Page 2
BACKGROUND AND COMMENT:
Staff have recently received a request from Mr. Peter Magda,
Q.C. on behalf of Walter Schleiss and Raymond D. Holland for
an amendment to their subdivision agreement with respect to
the provisions dealing with Occupancy Permits.
Staff would note for Committee' s consideration that more
recent development agreements have included a clause that
provides that, notwithstanding the provisions of Section 4.9
- "Requirements for Authorization to Occupy", temporary
Occupancy Permits may be issued in the event that the Owner
has been unable to comply with the requirements by reason of
seasonal weather or other conditions beyond the control of
the Owner. Staff would re-affirm, however, that the
occupancy deposit(s) in respect of such lots would not be
released until such time as all the requirements of
Paragraph 4.8 had been complied with. Accordingly, Staff
are therefore, of the opinion, that the granting of
temporary Occupancy Permits would not be inconsistent with
the Town's objectives relative to occupancy.
Staff have prepared the necessary amendment to the agreement
* which is included as Attachment #E1 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.
,-Respect itted,
r` T.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE*jip
October 24, 1984
*Attach.
cc: Mr. Peter Magda, Q.C.
292 King Street West , P.O. Box 2064
OSHAWA, Ontario L1H 7V4
AMENDING AGREEMENT MADE (in quintuplicate) this day of
1984
B E T W E E N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
and -
hereinafter called the ST PART
-
WALTER SCHLE-ISS AND RAYMOND D. HOLLAND hereinafter
called the OWNER OF THE SECOND PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement which are described in
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 84-105, and the Owners and the
Town have duly executed a Subdivision Agreement pursuant to said
by-law on August 3, 1984, which agreement is registered in the
Registry Office, for the Land Registry Division of Newcastle (No. 10)
as Instrument Number 1679;
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid agreement;
i
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 . Paragraph 4.8 of the Subdivision Agreement between the Town
of Newcastle and Walter Schleiss and Raymond 0. Holland registered in
the Registry Office for the Land Registry Division of Newcastle (No.
10) as Instrument Number 1679 is hereby amended by adding thereto
after Subsection 4.8(5), Section 4.8(6):
"(6) Notwithstanding the provisions of sub-paragraph (5) of this
Clause the Owner shall be entitled to a temporary Occupancy
Permit in the event that the Owner has not been able to comply
with the requirements of sub-paragraph (5) by reason of
seasonal, weather or other conditions beyond the control of
the Owner."
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 ) CORPORATION OF THE TOWN OF NEWCASTLE
In the Presence of: )
) I
MAYOR
CLERK
WALTER SCHLEISS
;) RAYMOND D. HOLLAND
I
THIS SCHEDULE IS SCHEDULE "A" to an Amending Agreement which has been authorized
and approved by By-law No, of the Corporation of the Town of Newcastle,
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 that Part of Lot 34, in Concession 3 of the geographic
Township of Darlington designated as Part 1 on a Plan of Reference deposited in
the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as
Number 1OR-445.
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: )
CLERK VIA T UK
WALTER SCHLEISS
RAYMOND D. LL D
i
I
THE CORPORATION OF THE TOWN OF NEWCASTLE /
BY-LAW NUMBER 84- 0
being a By-law to authorize the entering into of a Subdivision
Agreement with the Corporation of the Town of Newcastle and Walter
Schleiss and Raymond D. Holland.
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 , a Subdivision Agreement between Walter Schleiss
and Raymond D. Holland and the said Corporation dated this day of
1984, in the form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this day of 1984
BY-LAW read a second time this day of /} p ` 1984
BY-LAW read a third time and finally passed this of
1984
D. K
I
I
i
i
I