HomeMy WebLinkAboutP-68-80 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL 14, 1980.
REPORT NO. : P-68-80
SUBJECT: Proposed Site Plan Agreement - St. Marys Cement
Company - Our File: S-P-2-16
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.
St. Marys Cement Company has applied to the Town for approval
of a site plan for three cement silos, which are to be located immediately
south of the existing silos on the site.
COMMENTS:
The proposed silos are to be located well within the boundaries
of the lands owned by St. Marys Cement Company, and will have little
impact on surrounding land uses. For this reason, and in the interest
of expediency, the proposed agreemert has not been presented to the Site
Plan Committee for review. However, the Director of Works has indicated
that he has no objection to the proposed development, and that there are
no issues of concern to the Works Department which require resolution
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through the terms of the proposed agreement.
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.
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Respectfully submitted,
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DNS:lb D. N. Smith, M.C.I.P.
April 9, 1980 Director of Planning
THIS AGREEMENT, made this day of , A.D. 1980.
B E T W E E N
ST. MARYS CEMENT COMPANY,
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, which are described
in Schedule "A" hereto, are hereinafter called the "said lands";
AND WHEREAS the Owner warrants that he is the registered owner of
the "said lands" as stated in the Certificate attached to this Agree-
ment as Schedule "B";
AND WHEREAS the Owner proposes to erect three cement silos 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, or will be resolving, to approve
the said development pursuant to the said By-law 79-151, provided that
the Owner enters into this Agreement with the Town;
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 show-
ing the size and location of the structures which the owner proposes to
erect on the "said lands", which is hereby approved by the Town.
2. 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 the plans required
pursuant to this Agreement have been approved by the Town.
3. 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 %aid lands".
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4. BUILDING PERMIT
The Town agrees that building permits will be issued in accord-
ance 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 pro-
vided that all building plans comply with the Ontario Building Code and
such other Statutes and Municipal By-laws as may be relevant.
5. 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 referred to
in paragraph Number 1 hereof shall lapse upon the expiry of two years
from the date of the registration of this Agreement.
6. CONSTRUCTION COMMENCEMENT
The Owner agrees to commence construction of any building or
buildings for which a permit may be issued under Paragraph 5 hereof
as soon as is reasonably practicable following the issuance of any such
permit.
7. 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.
8. This Agreement shall enure to the benefit of and shall be binding
upon the parties hereto and their respective successors or assigns.
IN WITNESS WHEREOF the Parties have hereto affixed their cor-
porate seals by the hands of their proper signing officers duly authorized
in that behalf.
ST. MARYS CEMENT COMPANY
Per:
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
)
Per:
DATED:
BETWEEN:
ST. MARYS CEMENT COMPANY
AND
THE CORPORATION OF THE TOWN OF NEWCASTLE
A G R E E M E N T
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