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HomeMy WebLinkAboutPD-131-82 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO L0B 1 J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 26, 1982 REPORT NO.: PD-131-82 SUBJECT: APPLICATION FOR REZONING AND SITE PLAN APPROVAL - GLENSON INVESTMENTS LTD. LIBERTY AND BASELINE ROAD OUR FILES: Z-A-2-12-6 and S-P-2-24 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-131-82 be received; and 2. That the following recommendations be considered for approval : * i That the attached Site Plan Agreement (Attachment 1 ) between the Town of Newcastle and Glenson Investments Limited be approved for execution; and * ii That the attached By-law authorizing execution of a Site Plan Agreement between the Town of Newcastle and Glenson Investments Limited be approved; and * iii That the attached By-law amending Restricted Area By-law 1587, as amended, of the former Town of Bowmanville be forwarded to Council for approval at such time as the applicant has satisfied the requirements of the Town in respect of development charges required pursuant to By-law 76-58 and the subject Site Plan Agreement has been executed. t k?' 'lr3" Lie Report No: PD-131-82 . . ./2 BACKGROUND: On October 26th, 1981 , the General Purpose and Administration Committee considered staff Report PD-177-81 , in respect of the proposed rezoning of Part of Lot 10, Concession 1 , former Town of Bowmanville to permit the development of a 106-unit apartment building. As a result of the Committee's consideration, Resolution GPA-71-81 was approved, and subsequently endorsed by Council on November 2nd, 1981 . Said Resolution provided that the staff Report be received and a proposed By-law to amend Restricted Area By-law 1587, as amended, be forwarded to Council for approval at such time as the following conditions were satisfied: i . The Owners had entered into an agreement with the Region of Durham to satisfy the requirements of the Region, financial and otherwise; ii . The Owners had entered into a Site Plan Agreement ' with the Town to satisfy the requirements of the Town, financial and otherwise; iii . The Owners had satisfied the technical requirements of the Central Lake Ontario Conservation Authority; and iv. The Minister of Municipal Affairs and Housing had approved the Bowmanville Urban Area Plan in a form which included a provision to permit the proposed development. As the Committee is no doubt aware, subsequent to that Council approval , there have been a number of discussions relative to the subject proposal , most of which centred around the need to close and convey an unopened portion of Pine Street, abutting the subject lands. This matter was Report No: PD-131-82 . . ./3 resolved to the Town's satisfaction on July 19th, 1982, by Council approval of a General Purpose and Administration Committee recommendation to close and convey Pine Street in accordance with the Town's policy for road closing. In addition to the Pine Street issue, there have been two other items of discussion related to the site development which were not considered by Council in November of last year. These were the acquisition of additional lands abutting the subject site and a request to increase the maximum number of units permitted from 106 to 117. Consequently, the subject proposal has been amended to recognize the events which have transpired since Council first considered this proposal . COMMENTS: As indicated above, Council originally approved the proposal subject to four conditions. Conditions i . through iii ., as recited above, have been addressed through the terms of the attached site plan agreement, which includes appropriate clauses in respect of Regional services and the requirements of the Central Lake Ontario Conservation Authority, which have the effect of preventing the issuance of building permits until these conditions have been satisfied. The agreement in itself satisfies condition ii . relative to the Town's concerns. Condition iv. , being approval by the Minister of Municipal Affairs and Housing of the Urban Area Plan, has not yet been satisfied. The Plan was, however, approved by the Regional Municipality of Durham on July 7th, 1982, and it may now be possible to obtain the required Schedule 3 to the proposed By-law amendment on the strength Report No: PD-131-82 . . ./4 of the Regional approval . Notwithstanding this, building permits could not be issued until such time as the Ministry has approved the Official Plan. However, early approval of the Zoning By-law will facilitate an early construction commencement once Ministry approval has been obtained. With respect to the negotiation of a Site Plan Agreement, staff note that two major concerns have been identified by the applicant, the first relative to development charges and the second relative to construction of a sidewalk along the north side of Baseline Road. In the case of development charges, staff note that pursuant to By-law 76-58, payment of development charges is required prior to approval of a Zoning By-law. This therefore necessitates payment of the development charges by the applicant prior to zoning approval , or an appropriate amendment to the attached Site Plan Agreement to specify the amount and timing of payment. The attached draft Agreement simply requires payment of development charges, inasmuch as we are not in the position to negotiate the actual dollar figure payable pursuant to By-law 76-58. For that reason, our recommendation is being made in accordance with existing Town policy, and should be viewed in that light. Staff would, however, suggest that in an effort to assist the applicant, that any charges payable be paid by way of an irrevocable letter of credit to be annually renewable and drawn down upon issuance of building permits. With respect to the matter of a sidewalk to be constructed along Baseline Road, staff note that this was a specific requirement of the Public Works Department, which was identified during the circulation of the application for rezoning, and was referred to by staff Report PD-177-81 . Report No: PD-131-82 /5 We are therefore unable to concur with this request, but are bringing the matter to the Committee's attention, inasmuch as the applicant is seeking Council 's favourable consideration and requesting that this requirement be deleted. Aside from these two major concerns, the applicant's solicitor has suggested a number of proposed changes, relative to language for the most part, and some of these have been incorporated within the development Agreement proposed by staff. However, for the convenience of Council , staff have included herewith, as Attachments 1 and 2, both staff's proposed Agreement and an Agreement containing the changes suggested by the applicant's solicitor. Those portions of the staff Agreement which differ from the applicant's have been underlined for ease of comparison. Based on the foregoing, and the fact that staff have been unable to negotiate a mutually acceptable Site Plan Agreement, we find we must recommend approval of an Agreement which, in staff's opinion, protects the Town' s interests and respects existing Town policy. Resp tfu, submitted, T. T. Edwards, M.C.I.P. Director of Planning f TTE*mjc July 22, 1982 Applicant: Glenson Investments Limited 759 Somerville Street OSHAWA, Ontario Tel : 725-3411 Att: W. Stemeroff ATTACHMENT 1 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 198 BETWEEN: GLENSON INVESTMENTS LIMITED hereinafter called the "OWNER" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "TOWN" OF THE SECOND PART 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 has represented to the Town that the said lands are registered in the name of Glenson Investments Limited, who is the beneficial owner of the said lands as stated in the affidavit attached to this agreement as Schedule "B"; AND WHEREAS the Owner proposes to erect an one-hundred and seventeen (117) unit apartment building on the said lands; and has requested the Town to approve the said development pursuant to the provisions of By-law 79-151 ; AND WHEREAS the Town has resolved to approve the said development pursuant to the said By-law 79-151 , provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham to satisfy their requirements, financial and otherwise, relative to payment of levies and for the provision of municipal water and sanitary sewer services. NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 1 . Annexed hereto and marked as Schedule "C" is a site plan showing the size, location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands", which is hereby approved by the Town. 2 - 2. The Owner agrees that no buildings or structures, other than the buildings or structures shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of such building the Owner will comply with the elevations, exterior architectural design, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C". 3. PARKING, LOADING AND ACCESS The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule "C" and to do so in accordance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bituminious asphalt. No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Fire Chief. 4. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings on the said lands, in accordance with plans and specifications to be approved by the Director of Public Works and the Fire Chief. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. b. GRADING AND DRAINAGE (a) The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon by means of on-site storm sewers with connections to the municipal storm sewer system, in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C" . - 3 The Owner further agrees to satisfy the requirements of the Central Lake Ontario Conservation Authority relative to the development of the said lands. (b) Municipal Water and Sanitary Sewer Services The Owner agrees to undertake, at his cost, the provision of municipal water supply and municipal sanitary waste disposal facilities for the said lands and to do so in accordance with plans and specifications to be approved by the Regional Municipality of Durham. The Owner further agrees to provide the Town with a copy of such approval and/or agreement prior to the issuance of building permits in respect of the said lands. (c) Fire Protection The Owner agrees to undertake, at his cost, the upgrading of the existing fire hydrants in the vicinity of the said lands; and more specifically, the hydrants located: on the south side of Baseline Road east of Liberty; the east side of Liberty Street north of the unopened Pine Street Road Allowance; and the north-west corner of the intersection of Liberty Street and Baseline Road. Said hydrants to be upgraded to provide 4-1/2" Pumper Parts to accommodate high volume fire hose. 7. ILLUMINATION The Owner agrees to provide illumination of the buildings and parking areas located on the "said lands" in accordance with plans and specifications to be approved by the Director of Public- Works and to refrain from erecting or using any form of illumination which in the opinion of the Town would cause any traffic hazard or would cause a disturbance to residential uses adjacent to the "said lands". 8. FENCING AND LANDSCAPING The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover in accordance with Schedule "C" and plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adequate landscaping of the "said lands" and protection to adjoining lands. - 4 - 9. SIDEWALKS The Owner agrees to upgrade, reconstruct or repair, to the Town's specifications, a sidewalk along the east side of Liberty Street as required by the Director of Public Works and/or as required as a result of the construction of the building and structures to be erected on the "said lands". The Owner further agrees to contruct a sidewalk, in accordance with plans and specifications to be approved by the Director of Public Works, along the north side of Baseline Road from the easterly limit of the said lands to the end of the existing sidewalk on the east side of Liberty Street at the intersection of said Liberty Street and the Baseline Road. 10. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the "said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Town. 11 . REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement against the title to the "said lands" and that the Town may enforce the provisions of this Agreement against the Owner of the "said lands" and subject to the provisions of the Registry Act and the Land Titles Act R.S.O. 1979, as amended, against any and all subsequent owners of the "said lands". The Owner further agrees to reimburse the Town for all reasonable legal fees associated with undertaking the registration of this agreement, or alternatively to undertake the registration of the subject agreement at its own expense and' to provide the Town with a registered copy of same within thirty (30) days of the date of execution. 12. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "C" hereto, the estimated costs of construction and installation of the external works required by this Agreement, hereinafter called the "Works Cost Estimate" shall be approved by the Director of Public Works and annexed to this Agreement on Schedule "D". - 5 - The said approved "Works Cost Estimate" shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether or not it is, in fact, entered in Schedule "D" hereto. 13. PERFORMANCE GUARANTEE REQUIRED (1 ) Prior to the issuance of building permits or any authorization to commence any of the works referred to by Schedule "D" hereto, the Owner shall provide the Town with a "Performance Guarantee", in the form of cash or an irrevocable letter of credit to be issued by a chartered Canadian Bank in an amount equal to the "Works Cost Estimate". The "Performance Guarantee" may be used by the Town as set out in clause 14 in the event that the Owner fails to satisfactorily meet the requirements of this agreement in respect of the provisions of the specified works and facilities. (2) All submissions made under clause (1 ) above, shall be approved by the Treasurer of the Town. 14. PERFORMANCE GUARANTEE (a) Use of Performance Guarantee The Owner agrees that the Town may, at any time, by resolution of Town Council , authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any works required by the Town under this Agreement, subject to the obligation on the part of the Town, to notify the Owner by way of registered mail of such default and provide the Owner with not less than ninety (90) days to remedy any deficiencies and complete the works referred to herein. (b) Release of Performance Guarantee The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of the Performance Guarantee until such time as a Certificate of Substantial Performance is delivered to the Town, by the Owner's Architect with respect to the construction and installation of the works or matters required pursuant to this agreement and Municipal Council has approved the written report of the Director of Planning that - 6 all such matters or works comply with the requirements of this agreement and that there are no outstanding claims relative to such matters or works. 15. PERMITS The Town agrees that upon the Owners complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, the posting of the required Performance Guarantee, the provision of a copy of the approval of and/or agreement with the-Regional Municipality of Durham with respect to services and Regional Development Charges, and the provision of a copy of the approval of and/or agreement with the Central Lake Ontario Conservation Authority with respect to the Authority's Fill and Construction Regulations, building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees including Town Development Charges, as are payable under By-law currently in force in the Town and provided that all building plans comply with the Ontario Building Code and such other Municipal By-law as may be relevant. The Town further agrees that upon the Owners complying with provisions of By-law 76-25, as amended (Sign By-law), sign permits will be issued in accordance with said By-law subject to payment of the usual permit fees currently in force. 16. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two years hereinafter in this sentence referred to, the parties agree that the Town's approval of the site plan and drawings referred to in paragraph number 1 hereof shall lapse upon the expiry of two years from the date of the execution of this Agreement. 17. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 15 hereof as soon as is reasonably practicable following the issuance of any such permit. - 7 - 18. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. IN WITNESS WHEREOF the parties have hereto affixed 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 ) GLENSON INVESTMENTS LIMITED ) } THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK LIST OF SCHEDULES A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D - Works Cost Estimate THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of , 198 LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. GLENSON INVESTMENTS LIMITED ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR ) LER i THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of , 198 AFFIDAVIT OF OWNERSHIP (to be provided by Owner) THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of 198 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. )GLENSON INVESTMENTS LIMITED THE CORPORATION OF THE TOWN OF NEWCASTLE ) MA } CLERK THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of 198 WORKS COST ESTIMATE (to be determined) - Sidewalk Construction - Baseline Road - Sidewalk Reconstruction and/or Repair - Liberty Street - Storm Sewer Construction - Access IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. )GLENSON INVESTMENTS LIMITED } ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK ) i i DATED: 1982 i B E T W E E N: GLENSON INVESTMENTS LIMITED Ii - and - THE CORPORATION OF THE TOWN OF NEWCASTLE i DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB UO File: S-P-2-24 A 1 1 ACHMEN C 2 DEVELOPMENT AGREEMENT MADE (in quintrruplicate) this day of 1982 . B E T W E E N : GLENSON INVESTMENTS LIMITED , Hereinafter called the "OWNER" of the FIRST PART, - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" of the SECOND PART. 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 has represented to the Town that the said lands are registered in the name of Glenson Investments Limited , who is the beneficial owner of the said lands as stated in the affidavit attached to this agreement as Schedule "B" ; AND WHEREAS the Owner proposes to erect an one-hundred and seventeen (117) unit apartment building on the said lands ; and has requested the Town to approve the said development pursuant to the provisions of By-Law No . 79-151 ; AND WHEREAS the Town has resolved to approve the said development pursuant to the said By-Law No . 79-151 , provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with The Regional Municipality of Durham, for the provision of municipal water and' sanitary sewer services . NOW THEREFORE , in consideration of the mutual agreements and covenants hereinafter contained , the parties hereto agree as follows : 1 . Annexed hereto and marked as Schedule "C" is a site plan showing the size , location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands" , which is hereby approved by the Town. - 2 - 2. The Owner agrees that no buildings or structures, other than the buildings or structures shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of such building the Owner will comply with the elevations, exterior architectural design, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C". 3. PARKING, LOADING AND ACCESS The Owner agrees to provide and maintain off-street parking and driveway access in accordance with Schedule "C" and to do so in accordance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bitumi-nious asphalt. No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Fire Chief. 4. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings on the said lands, in accordance with plans and specifications to be approved by the Director of Public Works and the Fire Chief. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. 6. GRADING AND DRAINAGE (a) The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon by means of on-site storm sewers with connections to the municipal storm sewer system, in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C". - 3 - The Owner further agrees to satisfy the requirements of the Central Lake Ontario Conservation Authority relative to the development of the said lands. (b) Municipal Water and Sanitary Sewer Services The Owner agrees to undertake, at his cost, the provision of municipal water supply and municipal sanitary waste disposal facilities for the said lands and to do so in accordance with plans and specifications to be approved by the Regional Municipality of Durham. The Owner further agrees to provide the Town with a copy of such approval and/or agreement prior to- the issuance of building permits in respect of the said lands. (c) Fire Protection The Owner agrees to undertake, at his cost, the upgrading of the existing fire hydrants in the vicinity of.the said lands; and more specifically, the hydrants located: on the south side of Baseline Road east of Liberty; the east side of Liberty Street north of the unopened Pine Street Road Allowance; and the north-west corner of the intersection of Liberty Street and Baseline Road. Said hydrants to be upgraded to provide 4-1/2" Pumper Parts to accommodate high volume fire hose. 7. ILLUMINATION The Owner agrees to provide illumination of the buildings and parking areas located on the "said lands" in accordance with plans and specifications to be approved by the Director of Public Wb rks and to refrain from erecting or using any form of illumination which .in the opinion of the Town would cause any traffic hazard or would cause a disturbance to residential uses adjacent to the "said lands". 8. FENCING AND LANDSCAPI14G The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover in accordance with Schedule "C" and plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adequate landscaping of the "said lands" and protection to adjoining lands. - 4 - 9 . SIDEWALKS The Owner agrees to upgrade , reconstruct and repair, to the Town' s specifications , a sidewalk along the east side of Liberty Street as required by the Director of Public Works and/or as required as a result of the construction of the building and structures to be erected on the "said lands" . 10 . APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the "said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Town. 11 . REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement against the title to the "said lands" and that the Town may enforce the provisions of this Agreement against the Owner of the "said lands" and subject to the provisions of the Registry Act and the Land Titles Act, R. S .O . 1979 , as amended, against any and all subsequent owners of the "said lands" . The Owner further agrees to undertake to register the subject Agreement at its own expense and to provide the Town with a copy of same . 12 . APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "C" hereto , the estimated costs of construction and installation of the external works required by this Agreement, hereinafter called the "Work Cost Estimate" shall be approved by the Director of Public Works and annexed to this Agreement on Schedule "D" . 5 - The said approved "Work Cost Estimate" shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was , in fact, so included and whether or not it is, in fact , entered in Schedule "D" hereto . 13 . PERFORMANCE GUARANTEE REQUIRED (1) Prior to the issuance of building permits or any authorization to commence any of the works referred to by Schedule "D" hereto , the Owner shall provide the Town with a "Performance Guarantee" , in the form of cash or an irrevocable letter of credit issued by a chartered Canadian Bank in an amount equal to the "Work Cost Estimate" . The "Performance Guarantee" may be used by the Town as set out in clause 14 in the event that the Owner fails to satisfactorily meet the requirements of this agreement in respect of theprovisions of the specified works and facilities . (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town. 14 . PERFORMANCE GUARANTEE (a) Use of Performance Guarantee The Owner agrees that the Town may, at any time , by resolution of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any works required by the Town under this Agreement subject to the obligations on the part of the Town to notify the owner by way of registered post of such default for a period of not less than 90 days in order to allow the said Owner to remedy any deficiencies and complete the works referred to herein. (b) Release of Performance Guarantee The Town shall release the Owner from any unused part of the Performance Guarantee at such time as a Certificate of Substantial Performance is delivered by the Owner' s Architect with respect to the construction and installation of the matters referred to herein. x 6 - 15 . PERMITS The Town agrees that upon the Owners complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, the posting of the required Performance Guarantee , the provision of a copy of the approval of and/or agreement with The Regional Municipality of Durham with respect to services, and the provision of a copy of the approval of and/or agreement with the Central Lake Ontario Conservation Authority with respect to the Authority' s Fill and Construction Regulations , building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees including Town levies as are payable under By-Law currently in force in the Town and provided that all building plans comply with the Ontario Building Code and such other Municipal By-Law as may be relevant . The Town further agrees that upon the Owners complying with provisions of By-Law No . 76-25 , as Amended (Sign By-Law) , sign permits will be issued in accordance with said By-Law subject . to payment of the usual permit fees currently in force . 16 . LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two years from the date of the posting of .e Performance Guaranteethe parties agree that the Town' s approval of the site plan and drawings referred to in paragraph number 1 hereof shall lapse upon the expiry of two years from the date of the posting of the Performance Guarantee . 17. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 15 hereof as soon as is reasonably practicable following the issuance of any such permit . - 7 - 18. IUTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. IN WITNESS WHEREOF the parties have hereto affixed 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 ) GLENSON INVESTMENTS LIMITED ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK LIST OF SCHEDULES A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D - Works Cost Estimate THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and- passed the day of a 198 LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. GLENSON INVESTMENTS LI" ITED ) ) } THE CORPORATION OF THE TOWN OF } NEWCASTLE MAYOR CLERK ) ) THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law too. of the Town of Newcastle, enacted and passed the day of 198 B AFFIDAVIT OF OWNERSHIP (to be provided by Owner) THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of 198 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf, )GLENSON INVESTMENTS LI`IITED ) } ) ) } ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR C_LYRIC } ) ) I THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of , 198 WORKS COST ESTIMATE (to be determined) i i I - Storrs Sever Construction - Access IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. )GLENSON INVESTMENTS LIMITED i } THE CORPORATION OF THE TOWN OF NEWCASTLE } 1 } 1 i i DATED: 1982 B E T W E E N: GLENSON INVESTMENTS LIMITED - and - THE CORPORATION OF THE TOW14 OF NEWCASTLE i DEVELOPMENT AGREEMENT i i The Corporation of the Town of Newcastle Planning' Department Municipal Offices HAMPTON, Ontario, LOB U O File: S-P-2-24, i 4 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- being a By-law to authorize the entering into of an Agreement with Glenson Investments 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 Agreement between Glenson Investments Limited and the said Corporation dated the day of , 1982, 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 1982 BY-LAW read a second time this day of 1982 BY-LAW read a third time and finally passed this day of 1982 G. B. RICKARD, MA D. W. OAKES, CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- being a By-law to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville. NOW, THEREFORE, the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1 . Map 4 of Schedule 'A' to By-law 1587, as amended, is hereby further amended by changing to SPECIAL CONDITION 21 the zone designation of the lands indicated as "ZONE CHANGE TO SPECIAL CONOTION 21" on the attached Schedule 'X' hereto and by adding to the lands so indicated cross-hatching and the figure 21 encircled. 2. Schedule 'B' to By-law 1587, as amended, is hereby further amended by adding thereto the following: SPECIAL CONDITION 21 Those parcels of land in part of lot 10, Concession 1 as shown on Schedule 'A' cross-hatched and marked with the figure 21 encircled shall be subject to the provisions hereinafter contained and where there is any conflict between the provisions hereinafter set out and the provisions of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 21 encircled on the attached Schedule 'A' hereto. - 2 - 1 .2 Permitted Uses No person shall use any of the lands within the defined area or erect, alter or use any buiding or structure on such lands except for one or more of the following uses; namely: - an one hundred and seventeen unit apartment building 1 .3 Zone Provisions No person shall use any of the lands within the defined area, or erect, alter or use any building or structure on such lands for any purpose except in accordance with the following provisions: a) Lot Area (minimum) 1 .0 hectare b) Lot Frontage (minimum) 50.0 metres c) Front Yard (minimum) 50.0 metres d) Interior Side Yard (minimum) 6.0 metres e) Exterior Side Yard (minimum) 50.0 metres f) Rear Yard (minimum) 6.0 metres g) Minimum Floor Area Per Dwelling Unit i ) Bachelor dwelling unit 40.5 sq. metres ii) One bedroom dwelling unit 55.5 sq. metres iii ) Two bedroom dwelling unit 70.0 sq. metres iv) Three bedroom dwelling unit 80.0 sq. metres v) Dwelling unit containing more 85.0 sq. metres, than three bedrooms plus an additional 7.0 sq. metres for each bedroom in excess of 4. h) Lot Coverage (maximum) 20% i ) Height (maximum) 20.0 metres j) Landscaped Area (minimum) 25% k) Play Area: One play area having a minimum area of not less than 35.0 sq. metres shall be provided and maintained on the same lot upon which the principal use is located. 1 ) Parking: Notwithstanding the provisions of Section 7.16 hereof, off-street parking facilities shall be provided and maintained on the same lot, upon which the principal use is located, at a ratio of 1 .3 parking spaces per dwelling unit. m) Basement or Cellar: Notwithstanding Section 7.15 hereof to the contrary, dwelling units may be permitted within that part of the building which is located partially below the finished grade of the lot adjacent to the exterior walls of the building provided that at least half of the distance between finished floor and finished ceiling of the units is located above the finished grade adjacent to the exterior wall . - 3 - 3. This By-lave shall come into effect on the date hereof subject to the provisions of Section 39(11 ) of the Planning Act. BY-LAW read a first time this day of 1982 BY-LAW read a second time this day of 1982 BY-LAW read a third time and finally passed this day of 1982 MAYO CLERK THIS IS SCHEDULE Y TO BY-LAW SZ-_ , PASSED THIS__ DAY OF ___e A.D. 1982. `5 N 72048'E E 61.07m LLJ � N L1_I 0 Cn N72053'E r LO 50.29m z � E to 0 2 N72°53 E p 30.48m M N170394 15-24m N 72°53'E o W - 19.81 m LLJ _M z _1 N 72048'E 60.96m BASE LINE ROAD L ZONE CHANGE TO ( SEAL ) ' SPECIAL CONDITION 21` G.B. Rickard, Mayor 0 25 50 loom D.W. Oakes,Clerk 50 10 KEY MAP FORMER TOWN OF BOWMANVILLE 1 :25 000 BASE LINE ROAD ,. I UBJE T , r SITE { Hwy I