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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