HomeMy WebLinkAboutPD-84-83 IV
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 JUNE 6, 1983
REPORT NO. : PD-84-83
SUBJECT: AMENDMENT TO SUBDIVISION AGREEMENT
EAST WOODBRIDGE DEVELOPMENTS LIMITED/
MUTT ENTERPRISES LIMITED - RILLS OF LIBERTY
NORTH, PART OF LOT 11 , CONCESSION 3, FORMER
TOWNSHIP OF DARLINGTON (PLAN M-749)
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-84-83 be received; and
* 2. That the attached Amending Agreement in respect
of Part of Lot 11 , Concession 3, former
Township of Darlington - Rills of Liberty
North, be approved; and
* 3. That the attached by-law authorizing execution
of an amending Agreement between The
Corporation of the Town of Newcastle and East
Woodbridge Developments Limited and Mutt
Enterprises Limited be approved.
i
a?
U, I
I,
Report No: PD-84-83 . . ./2
COMMENTS:
At the request of East Woodbridge Developments Limited/Mutt
Enterprises Limited, and as a result of discussions with
Town staff, amendments to Sections 46, 47, 48 and Schedule
"G" within the existing Subdivision Agreement were agreed
upon. The purpose of these amendments is to permit the
Certificate of Completion to be issued this year on Stages A
and C, and also to change the maintenance period from two
(2) years to one (1 ) year, given the fact that the streets
in the Stages now constructed have been in place for
approximately one (1 ) year.
Staff would have no objections to the amendments as
proposed, and therefore submit same to Committee for
appropriate action thereon.
Respect f i
T. T. Edwards, M.C. I.P.
,Vector of Planning
*TTE*mjc
20, 1983
t;
THE CORPORATION OF THE TOWN OF NEWCASTLE
G BY-LAW NUMBER 83- 84
being a By-law to authorize the entering into of an Amending
Agreement with East Woodbridge Developments Limited and Mutt
Enterprises Limited.
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 Amending Agreement between East Woodbridge
Developments Limited and Mutt Enterprises Limited and the said
Corporation dated the day of 1983, in the form
attached hereto as Schedule "V.
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 13th day of June 1983
BY-LAW read a second time this 13th day of June 1983
BY-LAW read a third time and finally passed this 13th day of
June 1983
G. B. RI KARD, MAYU
i
i
D. W. OAKES, CLERK
i
i
t, I
I
I
L. .
I'
(� SCHEDULE 4" to By-law 83-84
l
AMENDING AGREEMENT MADE IN QUINTUPLICATE THIS DAY OF
1983
i BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter called the "MUNICIPALITY OF THE FIRST
PART"
- and -
EAST WOODBRIDGE DEVELOPMENTS LIMITED and
MUTT ENTERPRISES LIMITED
Hereinafter called the "OWNER OF THE SECOND PART"
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement are described in
Schedule "A" hereto, and hereinafter referred to as the "said lands";
AND WHEREAS the Owner warrants that they are the registered owners of
the said lands;
AND WHEREAS the Municipality has passed By-law 81-60 and the Owner
1, and the Municipality have duly executed a Subdivision Agreement
pursuant to said By-law on July 13th, 1981 , which Agreement is
registered in the Registry Office for the Land Registry Division of
Newcastle (No. 10) as Instrument Number
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid Agreement;
AND WHEREAS the parties thereto agree to amend the said Subdivision
Agreement;
NOW THEREFORE, in consideration of the mutual agreements, covenants
and promises contained herein, the parties hereto agree as follows.
1. That Section 46, Requirements for Certificate of Acceptance, be
deleted in its entirety and replaced with the following new Section
46:
"The Owner agrees that the construction and installation of any of
the Works authorized in an Authorization to Commence Works shall not
be deemed to be completed for the purposes of this Agreement until
the Director has provided the Owner with written confirmation
thereof, referred to herein as a 'Certificate of Completion'. In
addition to any other requirements contained herein, no Certificate
of Completion shall be issued until :
(1) Such of the Works authorized by the Authorization to Commence
Works, for which a Certificate of Completion is required, have
been inspected by the Director, and the Municipal Council has
approved the written report of the Director that such Works
have been constructed and installed in accordance with the
latest version of the Engineering Drawings approved by the
Director; and
(2) The Municipality is satisfied that, in respect of the
construction and installation of all of the Works authorized
by such Authorization to Commence Works, there are no
outstanding claims relating to such works.
Notwithstanding Subsection (2), a Certificate of Completion may be
issued for works authorized and completed, provided that any
remaining works authorized, but not completed, shall not be deemed
':. included in the Certificate of Completion."
I
i
b
C.
I
L'-
2. That Section 47, Period of Required Maintenance of Works, be
deleted in its entirety and replaced with the following new Section I,
fl
47:
"The Owner shall , from the date of the issuance of a Certificate of
Completion, maintain the Works covered by such Certificate of
Completion for a period of two (2) years. With respect to works in
Stages A and C of the Authorization to Commence Works, the
maintenance period shall be one (1 ) year from the Certificate of
Completion."
3. That Section 48, Maintenance Guarantee Required, be deleted in
its entirety and replaced with the following new Section 48:
"In order to guarantee that all defects in the Works, which become
apparent after the issuance of a Certificate of Completion for such
Works, will be properly repaired or replaced, the Owner shall , prior
to the issuance of the Certificate of Completion for such Works,
lodge with the Municipality a Maintenance Guarantee in the form of
cash or an irrevocable letter of credit from a chartered Canadian
Bank, and in an amount equal to ten percent (10%) of the estimated
cost of the Works as set out in Schedule "J" hereto. The form of the
Maintenance Guarantee shall be subject to the approval of the
Municipal Solicitor and the Municipal Treasurer, and shall guarantee
the works until the end of the maintenance period."
4. That Schedule "G", Works Required, Subsection 2(g) be deleted
in its entirety and replaced with the following new Subsection 2(g):
i "The Owner agrees to pay to the Municipality the sum of $1,000.00 for
the supply and installation of trees by the Town. Trees, not
exceeding one per lot, are to be 25.4 mm caliper and installed on the
lots where deemed required by the Director of Public Works."
The provisions of this Agreement shall enure to the benefit of, and
be binding upon the parties hereto and their respective successors or
assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
CLERK
))
j
EAST WOODBRIDGE DEVELOPMENTS LIMITED
XJ
)) MUTT ENTERPRISES LIMITED
)
i
i.
s
� r
� I
SCHEDULE "A"
t LEGAL DESCRIPTION OF LANDS f
j; All and singular those certain parcels or tracts o
p f land and premises f
t
P situate, lying and being in the Town of Newcastle in the Regional Municipality
' of Durham (formerly in the Township of Darlington, County of Durham) j
being composed of Lots 1,2,3,4,59697,819,10,11,12,13914,15,16,17,18,19, !�
j 21,22,23,24,25,26,27,28,30,39,42,43,44,45 and 46 as shown on a Plan of
Subdivision registered in the Land Registry Office, Land Titles Division
j of Newcastle (No.10) as M-749.
i
THIS SCHEDULE is Schedule "A" to the Agreement which has been authorized
and approved by By-law No. of the Town of Newcastle, enacted and
I passed the day of 1983.
I '
,
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 & DELIVERED )
jIn the Presence of: ) THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
MAYOR
CLERK
EAST WOODBRIDGE DEVELOPMENTS LIMITED
)
A.S.O.
k )
A.S.O.
MUTT ENTERPRISES LIMITED
) A.S.O.
9 •
i