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HomeMy WebLinkAboutPD-176-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 1982 REPORT NO. : PO-176-82 SUBJECT: ISSUANCE OF CERTIFICATE OF ACCEPTANCE AND PROPOSED AMENDMENT - MARNIE INDUSTRIAL PARK SUBDIVISION AGREEMENT - BY-LAW 79-25 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-176-82 be received; and 2. That Council authorize the Director of Public Works to issue a Certificate of Acceptance to Solina Investments Limited, as successor in title to Marnie Industrial Park Limited, in accordance with the Subdivision Agreement drawn up between Marnie Industrial Park Limited and the Town of Newcastle and authorized by By-law 79-25; and * 3. That Council approve the attached agreement between the Town of Newcastle and Solina Investments Limited to amend the Subdivision Agreement between the Town of Newcastle and Marnie Industrial Park Limited as authorized by By-law 79-25; and * 4. That Council pass the attached By-law authorizing execution of an agreement between 4 Solina Investments Limited and the Town of Newcastle. �' IV-z(e� Report No: PD-176-82 .../2 BACKGROUND: On April 2, 1979, a Subdivision Agreement was executed between the Town of Newcastle and Marnie Industrial Park Limited respecting the development of an industrial subdivision in the Courtice Industrial Park. Since the execution of the Agreement, a number of lots in the subdivision have been purchased by individual owners. On June 29, 1982, the land retained by Marnie Industrial Park Limited, which constitutes the majority of the lands covered by the Agreement, was purchased by Solina Investments Limited. Under the terms of the Agreement, Marnie Industrial Park Limited, or its successors in title, is responsible for the construction and installation of the works required by the Agreement and a Certificate of Acceptance shall not be issued until all the works have been completed to the satisfaction of the Town. The Agreement also states that, upon the issuance of the aforementioned Certificate, the ownership of the works covered by the Certificate will revert to the Municipality. In a letter to the Town dated August 26, 1982, the solicitors for Solina Investments Limited stated that much of the work on their land required by the Agreement to be finished before a Certificate of Acceptance can be issued, has been completed. The solicitors suggested that the remaining items be covered by an amendment to the original agreement and that, once this amending agreement has been executed, the Town can issue the Certificate of Acceptance and assume responsibility for the works covered by the Certificate. -2- Report No: PD-176-82 .../3 Subsequently, Public Works staff confirmed that the works had been completed to the satisfaction of the Town and that a Certificate could be issued. However, staff noted that the responsibility for the outstanding items of work not completed by Solina Investment Limited, that is, the provision of driveways and landscaping in their final form, would have to be assumed by the subsequent lot purchasers. Staff agreed that this change could be most appropriately dealt with through an amendment to the existing Subdivision Agreement. COMMENTS: * The attached amendment to the subject Agreement was prepared and would have the effect of making either Solina Investments Limited or the individual lot purchasers responsible for the provision of driveways and landscaping in their final form. The proposed amendment was discussed with representatives of Solina Investments Limited who have agreed to it, and submitted five signed copies for execution by the Town. It is therefore recommended that Council authorize the Director of Public Works to issue a Certificate of Acceptance to Solina Investments Limited. It is also recommended that Council approve the attached amendment to the Marnie Industrial Park Limited Subdivision Agreement, and pass the attached By-law authorizing the execution of same by the Mayor and Clerk. Respect su d, T. T. Edwards, M.C.I.P. Director of Planning 3 'OOR. G. Dupui P. Eng. Director of Public Works A c-—- -- - I THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 162 being By-14w g a y 4w to authorize the entering into of an Amending Agreement wi h Solina Investments Limited. I The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1 . THAT the Mayor and Clerk are' Kereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal , an Amending Agreement between Solina Investments Limited and he said Corporation dated the day of , 1982, in thelform attached hereto as Schedule 'T'. I 2. THAT Schedule 'T' attached hereto forms part of this by-law. BY-LAW read first time this 1st day of November 1982 BY-LAW read a second time this 1st day of November 1982 BY-LAW read d third time and finally passed this 1st day of November 1982 G. B. RI K RD, MAYOR D. W. OAKES, CLERK t KEY MAP FORMER TOWNSHIP OF DARLINGTON LOT L I LOT LOT 1 LOT LOT LOT .i LOT 1 LOT LOT 1 LOT 35 I 3 33 1 32 ( 31 30 I 29 s 28 I 27 26 I 25 I I 1 1 ! 1 00 I I I I ! I I I o I I C I ! I 1 i I 1 1 1 ! 1 SUBJECT � 1 I I I I I 1 SITE q l 1 1 I ►�1�� #a►ws+Nr ( I I 1 i 1 I I 1 I 1 � ! I I I � I Z Lu ♦ I 1 O 1 1 I LAKE ONTARIO I ! I 0 250 500 1000M .,FI.LE S-A-1-5-4 500 100 V ` 2&) AMENDING AGREEMENT MADE (in quintuplicate) this day of 198 B E T W E E N: THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter called the "TOWN" OF THE FIRST PART - and - SOLINA INVESTMENTS LIMITED, hereinafter called the "OWNER" OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement comprise a certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle in the Regional Municipality of Durham (formerly the Geographic Township of Darlington in the County of Durham) and being composed of Part of Lots 29 and 30 in the First Concession of the said former Geographic Township of Darlington, and being more particularly described in Schedule "A" hereto and hereinafter referred to as the "said Lands"; AND WHEREAS the Owners warrant that they are the registered owners of the said Lands; AND WHEREAS the Town has passed By-law 79-25 and the Town and Marnie Industrial 'Park Limited have entered into a Subdivision Agreement which was duly executed and registered in the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 93756; AND WHEREAS Paragraph 60 of said Agreement provides for the assigning of the terms and provisions of said Agreement against any and all subsequent owners of the said -Lands described in Schedule "A" attached hereto; r AND WHEREAS Solina Investments Limited is now the registered owner of r the said Lands described in Schedule "A" attached hereto, and as stated in the Affidavit attached to this Agreement as Schedule "B"; AND WHEREAS by virtue of the terms of Paragraph 60 of the above- referenced Subdivision Agreement, Solina Investments Limited is now i responsible for all obligations pursuant to said Subdivision Agreement; ' AND WHEREAS the parties hereto agree to amend the said Subdivision Agreement; NOW THEREFORE, in consideration of the mutual agreements and a covenants and promises contained herein, the parties hereto agree as follows: 2 1 . Paragraph 34 of the Subdivision Agreement between The Corporation of the Town of Newcastle and Marnie Industrial Park Limited registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 93756 is hereby amended by deleting subsection (1 )(v) in its entirety and replacing said subsection with the following new subsection: "(1 ) (v) In addition, the Owners agree that no application for any building permit shall be made in respect of any part of the said lands until the Owners or their successors in title have entered into a Site Plan Agreement, as contemplated by Section 40 of The Planning Act, R.S.O. 1980, with the Municipality, respecting the development of such part, which shall include provisions which shall specifically include, but not be limited to, the following: a) the grading and paving of all driveways as referred to in Section 2.(b) of Schedule 'G' hereto; and b) the landscaping provisions as referred to in Section 3(b) ,(c) ,(d) and (e) of Schedule 'G' hereto." 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 In the Presence of: ) NEWCASTLE MAYOR ) CLERK SOLINA IN EST. TS LIMITED - Per:- PR D ) i s{ E t' a v s` 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 1982. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR those certain parcels or tracts of lands and premises situate lying and being in the Geographic Township .of Darlington within the former County of Durham, now within the limits of the Town of Newcastle, in the Regional Municipality of Durham and more particularly described as follows:- FIRSTLY: - Parts of Lots 29 and 30 Concession 1 for the said Geographic Township of Darlington now designated as Parts 6, 7, 11 , and 16 according to a Reference Plan of Survey deposited as Plan 1OR-933 ; SECONDLY: Part of Lot 29 said Concession 1 , Geographic Township of Darlington designated as Part 5 according to said Plan 1OR-933 SAVING AND EXCEPTING therefrom that part of the said lands designated as Part 7 according to a Reference Plan of Survey deposited as Plan 1OR-1229 ; THIRDLY: Parts of Lots 29 said Concession 1, Geographic Township of Darlington now designated as Parts 1, 2, 3, 4 , and 5 according to a Reference Plan of Survey deposited as Plan 1OR-1229 ; SIGNED, SEALED AND DELIVERED ) " In the presence of: THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK SOLINA INVESTMENTS LIMITED, Per: President -- Z(e) 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 1982. I, Harald Jensen, of the Town of Newcastle, in the Regional Municipality of Durham, MAKE OATH AND SAY AS FOLLOWS: 1. I am the President of Solina Investments Limited and as such have knowledge of the matters herein. 2 . The said Solina Investments Limited is the owner in fee simple of the lands referred to in Schedule "A" attached to the above- mentioned Agreement. SWORN BEFORE ME at the City ) of Oshawa, in the Regional ) Municipality of Durham, this day of C'>roo'cR 1982. ) HARALD JENSEN RD J. '00 t:Y,a Commissioner,eIG* judicial Di:t i t D. ,i. Jones&Joneie, — (, THIS IS TO CERTIFY THl 'I"`S `' �1 �2,79a5.INVESTIGATED TITLE OF THE ABOVE- MENTIONED SOLINA INVESTMENTS LIMITED AND BELIEVE IT TO BE THE OWNER IN FEE SIMPLE OF THE LANDS SET OUT IN SCHEDULE "All ATTACHED TO THE ABOVE-MENTIONED AGREEMENT. Dated ,at Oshawa, Ontario, this 154 day of ©GtoB¢R , 1982 . i RALPH S. JONES olicitor r DATED: 1982 BETWEEN: u ^' SOLINA INVESTMENTS LIMITED and - THE CORPORATION OF THE TOWN OF NEWCASTLE I AMENDING AGREEMENT ` + II The Corporation of the Town of Newcastle _ Planning Department Municipal Offices HAMPTON, Ontario, LOB 1JO A I I