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HomeMy WebLinkAboutP-50-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 17, 1980. REPORT NO. : P-50-80 SUBJECT: Proposed Development Agreement for Royal Bank site, King Street at Division Street, former Town of Bowmanville - Our File: S-P-2-15 BACKGROUND: By-law 79-151 of the Town of Newcastle requires the negotiation of a Development Agreement, as described in Section 35(a) of the Plan- ning Act, as a condition of the development of certain lands in the Town of Newcastle. Accordingly, the Royal Bank of Canada has applied to the Town for approval of site plans for their proposed new bank building, to be located at the south-east corner of King and Division Streets in Bowmanville. COMMENTS: '111c attaclhed 1)evelopmunt Agreement liar been negotiated with the proponent by the Site Plan Committee and has been agreed to by the representatives of the Royal Bank. The Agreement, which enacts the provisions of By-law 79-151, would permit the development of a { bank, with a gross floor area of 3300 square feet. r 2 - RECOMMENDATION: It is respectfully recommended: 1. That this report be received for information; and 2. That the attached development agreement be forwarded to Council for execution and that a By-law be prepared for that purpose. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. March 13, 1980 Director of Planning i 4 DEVELOPMENT AGREEMIENT MADE (in triplicate) this day of A.D. 1980. B E T W E E N ROYAL BANK OF CANADA, 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, which are outlined in heavy black line on a plan of survey prepared by R. Ray Scott (1973) Ltd. dated September 22, 1978 and attached hereto as Schedule "A" are hereinafter called the "said lands"; AND WHEREAS the Owner has represented to the Town that the said lands are owned by it, as stated in the Certificate attached to this Agree- ment as Schedule "B"; AND WHEREAS the Owner proposes to erect a Bank 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 Tovm has resolved, or will be resolving, 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 applied or will be applying to the Town of Newcastle Committee of Adjustment for a variance from the sideyard requirements of the Restricted Area (Zoning) By-law of the former Town of Bowmanville, and agrees not to apply for a building permit for any building shown on Schedule "C" unless such minor variance has been granted; AND WHEREAS the Owner warrants that it has entered or will enter into an Agreement with the Corporation of the Region of Durham for the provision of services from the Division Street frontage. NOW THEREFORE in consideration of the mutual agreements and cov- enants 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 developer proposes to erect on the "said lands", which is hereby approved ae Town. 2. The Owner agrees that no buildings or structures, other than tlic building shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of such buildings 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 accord- ance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bituminous asphalt. 4. 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. 5. GRADING AND DRAINAGE 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 in accordance with the plans and specifications to be approved by the Director of Public Works and annexed to this Agreement as Schedule "D". 6. FLOODLIGHTING The Owner agrees to provide floodlighting of the "said lands" and building in accordance with plans and specifications to be approved by the Director of Public Works and the Public Utilities Commission having jurisdiction 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". 7. FENCING AND LANDSCAPING The Owner agrees to erect and maintain walls and plant and maintain hedges, 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. a - 3 - 8. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings on the said -_ands, 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. 9. SIDEWALKS ON KING AND DIVISION STREETS The Owner agrees to reconstruct, to the Town's specifications a sidewalk along those portions of King and Division Streets, which abuts the "said lands". 10. APPROVAL 01? 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 ENFORCEMI:NT 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 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 "E". 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 "E" hereto. - 4 - 13. PERFORMANCE GUARANTEE REQUIRED (1) The Owner shall, prior to the issuance of any building permit with respect to the building shown on Schedule "C" hereto, furnish the Municipality by cash or by means of an irrevocable letter of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the pro- visions of this Agreement. Such cash or irrevocable letter of credit shall be in an amount equal to the Works Cost Estimate, with respect to the Plan or stage of the Plan for which the said permit is sought. (2) All documents furnished under this paragraph shall be approved by the Treasurer and the solicitor for the Municipality. (3) The cash or irrevocable letter of credit as provided in subparagraph (1) hereof, are hereinafter collectively refer- red to as a "Performance Guarantee". 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. 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 registration of this Agreement. 5 - 17. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 14 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. 19. This Agreement shall enure to the benefit of and shall be bind- ing upon the parties hereto and their respective successorys or assigns. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. ROYAL BANK OF CANADA Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk MST OF SCHEDULES A - Legal Survey of said lands B - Affidavit of Ownership C - Site Plan including: location of buildings landscaping and fencing floodlighting D - Grading and Drainage E - Works Cost Estimate f i j THIS IS SCHEDULE "A" of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. SIGNED, SEALED AND DELIVERED ) ROYAL BANK OF CANADA in the presence of: ) Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk THIS IS SCHEDULE "B" of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. I, a Solicitor of the Supreme Court of Ontario, do hereby certify that the above named Subdivider is the sole owner in fee simple of all land described in Schedule "A" to the Development Agreement dated I further certify that there are no mortgages or other encum- brances upon the said land or any part thereof. I further certify that Royal Bank of Canada is the sole owner in fee simple of all land to be conveyed to the Corporation of the Town of Newcastle or over which easements or rights are to be conveyed to the Corporation pursuant to the said Development Agreement free from all encumbrances. SIGNED, SEALED AND DELIVERED ) in the presence of ROYAL BANK OF CANADA Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk SCIIT:DUTJ- "C" THIS IS SCHEDULE "C" of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. SIGNED, SEALED AND DELIVERED ) ROYAL BANK OF CANADA in the presence of: ) Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: j Mayor Per: Clerk SCHEDULE "D" THIS IS SCHEDULE "D" of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. (to be added at a later date) SIGNED, SEALED AND DELIVERED ) ROYAL BANK OF CANADA in the presence of: ) Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk SCHEDULE "E" ESTIMATED COST OF EXTERNAL SERVICES 1. Construction of Sidewalk on Division Street $ 1,665.00 2. Construction of Storm Sewer on Division Street 14,500.00 TOTAL ESTIMATE $ 16,165 .00 SIGNED, SEALED AND DELIVERED ) ROYAL BANK OF CANADA in the presence of: ) Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk DATE': liI'TW1sGN: ROYAL BANK OF CANADA AND: THE CORPORATION OF THE TOWN OF *'WCAS'CLI; DEVELOPMENT AGREEMENT THE CORPORATION OF THE TOWN OF NEWCASTLE 40 Temperance Street BOWMANVILLE, Ontario