Loading...
HomeMy WebLinkAboutPD-147-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 1982 REPORT NO. : PD-147-82 SUBJECT: APPLICATION FOR SITE PLAN APPROVAL - MORRIS FUNERAL CHAPEL LIMITED OUR FILE: S-P-2-34 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-147-82 be received; and * 2. That the attached Agreement between Morris Funeral Chapel Limited and the Corporation of the Town of Newcastle be approved for execution; and * 3. That the attached By-law authorizing execution of an Agreement between Morris Funeral Chapel Limited and the Corporation of the Town of Newcastle be approved. I BACKGROUND: On August 18th, 1982 staff received an application for site plan approval from Morris Funeral Chapel Limited. � acti� Report No: PD-147-82 . . ./2 The subject application is requesting approval for the expansion of the existing parking areas associated with the Funeral Chapel . In view of the minor nature of the development, staff have undertaken a limited circulation of the proposal , which is intended to identify any concerns relative to storm run-off and access. In that regard, it is anticipated that certain improvements to the existing lot grading and drainage will be required, and as such, a draft agreement has been prepared which delegates approval of the grading and drainage plans to the Director of Public Works. A copy of the said Agreement is attached hereto and in order to facilitate a quick approval of the proposed works, staff are recommending that the subject application be approved conditional upon execution of this Agreement. Respectf y 0"'ed, T. T. Edwards, M.C.I .P. Director of Planning *mjc " August 26, 1982 Applicant: Mr. Paul R. Morris Morris Funeral Chapel Limited 2 Division Street BOWMANVILLE, Ontario i I i i I i i THE CORPORATION OF THE TOWN OF NEWCASTLE i BY-LAW NUMBER 82-125 v being a By-law to authorize the entering into of an Agreement with Morris Funeral Chapel Limited. i I I The Council of the Corporation of the Town of Newcastle hereby enacts as follows: i 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, an Agreement between Morris Funeral Chapel Limited and the said Corporation dated the day of 1982, in the form attached hereto as Schedule "X". I i 2. THAT Schedule "X" attached hereto forms part of this i by-law. i BY-LAW read a first time this 20th day of September 1982 j BY-LAW read a second time this 20th day of September 1982 i BY-LAW read a third time and finally passed this 20th day of September 1982 G. B. RICKARD, MAYOR i D. W. FAKES, CLERK I i I i I � I i I m 1 SCHEDULE_"X" to B -law 82-125 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 19© � I BETWEEN: MORRIS FUNERAL CHAPEL LIMITED, hereinafter called the "OWNER" OF THE FIRST PART - and THE CORPORATION OF THE TOWN OF NEWCASTLE, 1 hereinafter called the "TOWN" OF THE SECOND PART i I WHEREAS the lands affected by this agreement, are described in Schedule "A hereto and hereinafter referred to as the "said lands"; I AND WHEREAS the Owner has represented to the Town that the said lands are registered in the name of Morris Funeral Chapel Limited, who is j 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 expand parking facilities 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; NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as, follows: I 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size, location and elevation of a parking lot expansion which the Owner proposes to construct on the "said lands", and which shall be approved by the Director of Public Works. I i i I - 2 - 2. The Owner agrees that no works shall be undertaken other than those shown on Schedule "C", and further, that in the construction of { the subject parking lot extension, the Owner will comply with the i elevations, location and all other matters relating to the parking to shown on Schedule "C". 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking I and driveway access in accordance with Schedule °C" and to do so in i 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. SNOW REMOVAL a 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. I 5. GRADING AND DRAINAGE I The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the i "said lands" in accordance with plans and specifications to be approved by the Director of Public Works, and shown on Schedule "C". 6. SIDEWALKS The Owner agrees to reconstruct or repair, to the Town's i specification, a sidewalk along those portions of Queen Street and Division Street which abut the "said lands" and which may require reconstruction or repair as a result of the construction of the j I I subject parking lot extension on the "said lands". 7. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that no constructed works shall be commenced until all plans and specifications required pursuant to this Agreement have been approved by the Director of Public Works. i i � � I j _ 3 _ 8. REGISTRATION AND ENFORCEMENT i 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 I lands" and subject to the provisions of the Registry Act and the Land Titles Act, R.S.O. 1980, 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 I j I the registration of this agreement. 9. APPROVAL OF COST ESTIMATES I The Owner agrees that, prior to commencing construction of the I parking lot extension identified on Schedule "C" hereto, the i estimated cost of construction and installation of the external works i 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". The said approved "Works Cost Estimate" shall be deemed to have been included in this Agreement at the date of its original i execution, whether or not it was, in fact, so included and whether i or not it is, in fact, entered in Schedule "D" hereto. j; 10. PERFORMANCE GUARANTEE REQUIRED i (1) Prior to the issuance of any authorization to commence I work, 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 "Works Cost Estimate". The "Performance Guarantee" may be used by the Town as set out in clause 11 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. I I (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town. � I i i I - 4 - 11. 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. I a 12. INTERPRETATION NOT AFFECTED BY HEADINGS I j 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. i IN WITNESS WHEREOF the parties have hereto affixed their hands i and seals and/or corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) MORRIS FUNERAL CHAPEL LIMITED ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOT- CLERK i i I i I i LIST OF SCHEDULES i i A - Legal Description of Said Lands i B - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D Works Cost Estimate i i i i I i i I i I i i 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 I I I I LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) i I i � I 1 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. MORRIS FUNDERAL CHAPEL LIMITED ) THE CORPORATION OF THE TOWN OF NEWCASTLE CLERK ) I i I THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted wand passed the day of 198 9 AFFIDAVIT OF OWNERSHIP (to be provided by Owner) I I I i i 1 I I i i I I i i I t i i i i i I I I i 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 a i i I i I i i i IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. I i )MORRIS FUNERAL CHAPEL LIMITED ) i i THE CORPORATION OF THE TOWN OF NEWCASTLE AYOR 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 1 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized i in that behalf. i f )MORRIS FUNERAL CHAPEL LIMITED THE CORPORATION OF THE TOWN OF NEWCASTLE ) MAYGR Ctm_ i DATED: 1982 BETWEEN: - MORRIS FUNERAL CHAPEL LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB 1JO File: S-P-2-34