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HomeMy WebLinkAboutP-153-81 REPORT #5 Augsut 21 1981 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH, M.C.I.P., Director HAMPTON.ONTARIO LOB 1 JO TEL.(416)263-2231 REPORT TO THE SPECIAL MEETING OF COUNCIL AUGUST 21, 1981 REPORT NO.: P-153-81 SUBJECT: Proposed Site Plan Agreement - Part Lot 15, Concession 1, former Township of Darlington Durham Regional Police - Our File: S-P-1-16 RECOMMENDATIONS: It is respectfully recommended that: 1. Report No. P-153-81 be received; and that 2. The attached Agreement be executed; and that 3. The attached By-law authorizing the execution of the attached Development Agreement be approved. BACKGROUND: On June 25, 1981, staff received the subject application for site plan approval. The subject site is located in Lot 15, Concession 1, Darlington, fronting on Regional Road No. 57. The applicant is proposing the construction of a police station totalling approximately 540.0 square metres. COMMENTS In accordance with departmental procedures, this application was circulated to the affected departments and agencies for comments. - 2 - A review of the comments received indicated no major concerns in respect of this application. For this reason, and owing to the urgency of its approval, it was not considered necessary to convene a meeting of the Town's Site Plan Committee. The attached agreement and site plans have been signed by the applicant and it would now be appropriate for Council to execute same. Staff note that approval of the subject site plan agreement is contingent upon Council approval of the rezoning for these lands which was the subject of staff report P-152-81. Respectfully submitted, r TTE:EP:LB D. N. Smith, M.C.I.P. August 14, 1981 Director of Planning DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of A.D. 1981. B E T W E E N REGIONAL MUNICIPALITY OF DURHAM, hereinafter called the `Owner" OF THE FIRST PART - A N D - 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 Schleiss Corporation Limited and Rayev Investments Limited although the Regional Municipality of Durham is the beneficial owner of the said lands pursuant to an Agreement of Purchase and Sale with Schleiss Corporation Limited and Rayev Investments Limited. Upon completion of the conveyance of the said lands, an Affidavit of Ownership shall be annexed to this Agreement as Schedule "B". AND WHEREAS the Owner proposes to erect a police station on the said lands; and has requested the Town to approve the said development pur- suant to the provisions of By-law 79-151; AND WHEREAS the Town has resolved to approve the said development pur- suant to the said By-law 79-151, provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner acknowledges that the lands will not be serviced by a municipal sewer or water system and each building or structure to be erected or altered shall be serviced by a private well and a private sewage disposal system as approved and/or required by the Durham Regional Health Unit. 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 appproved by the Town. 2 - 2. The Owner agrees that no buildings or structures, other than the building 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 building on the lot and all other matters relating to the building shown on Schedule "C". 3. PARKING AND LOADING 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, drive- ways, parking areas, loading, areas and walkways within twelve hours of the cessation of any fali of snow. 6. GRADING AND DRAINAGE The Owner agrees to undertake the grading of and provide for it his cost the disposal of storm; surface and waste water from the said lands." and from any buildings or structures thereon 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 - 7. FLOODLIGHTING The Owner agrees to prov4.de floodllg4ting of the "said hands" - J . and building 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 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. 9. SIGNS The Owner agrees to comply with By-law 76-25, as amended, of the Town of Newcastle in respect to the erection of signs 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". 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 - 4 - cost 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". 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 any authorization to commence 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 of Newcastle as set out in clause 19 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 of Newcastle. 14. USE OF PERFORMANCE GUARANTEE The Owner agrees that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner to the Municipality under this Agreement by the due date of the invoice of such costs. 15. BUILDING PERMIT The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifications re- quired herein, building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees 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-laws as may be relevant. 5 - 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 re- ferred 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 registration of this Agree- ment. 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. 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 ) REGIONAL MUNICIPALITY OF DURHAM Per: in the presence of: ) JON M. JENKINS THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK ) LIST OF SCHEDULES A - Legal Survey 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 SCHEDULE 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 ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being Part of Lot 15, Concession 1, former Township of Darlington, former County of Durham, now within the limits of the Town of Newcastle, in the Regional Municipality of Durham and designated as Parts 1 and 2 according to a Reference Plan deposited at the Land Registry Office for the Registry Division of Newcastle (No. 10) as Plan lOR- Th.e Owner hereby agrees that the Plan Numbers referred to in this Schedule may be added by the Municipality subsequent to the execution 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 REGIONAL MUNICIPALITY OF DURHAM in the presence of: ) } Per: JON M. JENKINS THE CORPORATION OF THE TOWN OF NEWCASTLE ) Per: MAYOR Per: CLERK THIS SCHEDULE 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 SCHEDULE 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) IN WITNESS WHEREOF the parties have hereto affixed their hands and seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED } REGIONAL MUNICIPALITY OF DURHAM in the presence of: ) Per: JON M. JENKINS THE CORPORATION OF THE TOWN OF NEWCASTLE } } Per: MAYOR Per: CLERK REGIONAL MUNICIPALITY OF DURHAM A N D - THE CORPORATION OF THE TOWN OF NEWCASTLE F DEVELOPMENT AGREEMENT