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HomeMy WebLinkAboutTM-100-79 TM-100-79 TO: His Worship the Mayor and Members of Council FROM: A.C. Guiler, Town Manager DATE: September 7th, 1979 SUBJECT: L.D.C.M. Investments Limited and Barmond Builders Limited Phase II Bowmanville Mall In June of 1977 the Town of Newcastle entered into an agreement with L.C.D.M. Investments Limited and Barmond Builders for the develpment of Phase II of the Mall. Section 17 "Approval of Plans and Specifications" "The Owners agree that the issuance of any building permit in respect of the subject lands shall be prohibited until all plans and specifications required pursuant to the agreement have been approved by the Town and the one foot reserve required by paragraph 14 hereof is conveyed to the Town." In effect this clause prohibits the issuance of a building permit until such time as all conditions in the agreement have been met, and Council approves the issuance of the permits. The Developer has now tendered plans to the Building Department with a request to issue the permit in order to meet this year's construction season. If staff were to issue such a permit we would be in direct conflict with the development agreement approved by Council. A meeting of the Site Plan Committee was convened on September 6th. 1979 to review plans submitted by the developer and concerns were raised with regard to the lack of information regarding Section 10, and Section 14 of the 1977 agreement. The Site Plan Committee is of the opinion that the Town should approve an amendment to the July 1977 agreement which will allow staff to issue a permit to construct his foundations. This would also allow Council and the Developer to finalize the rest of the conditions in the July 1977 agreement prior to the final construction permit being issue. Staff have prepared the attached agreement which we feel would be appropriate to allow for the construction of the foundation and would respectfully recommend to Council that the necessary By-Law be passed authorizing the Mayor and the Clerk to execute the agreement. iJ J✓^ -r �Y day of " 4'- , 1977 B E T 11 E E N: L.D.C.M . INVESTMENTS LIMITED and BAR-MOND BUILDERS LIMITED, hereinafter called the "OlVNERS" OF' THE FIRST PART, and THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "TOWN" OF THE SECOND PART. WHEREAS the Owners warrant that they are the registered owners of the most westerly 125 feet of Block "B" registered Plan 698 in the Town of Newcastle . AND WHEREAS the Owners of the most westerly 125 feet of Block "'B" registered Plan 698 heceinaftcrr callecl the "Subject Lands" desire to construct thereon Twin Theatres and Retail Stores in extension to the commercial development on Block "A" registered Plan 698. AND WHEREAS the Council of the To:,:n of Newcastle has . resolved to pass a by-law rezoning the most westerly 125 feet of Block "B", registered Plan 698, to permit the proposed commercial development , subject to the O%="ners entering into a development agreement with the Town pursuant to Section 35a of The Planning Act . NOW THEREFORE IN CONSIDER?,TION O.' THE 'MUTUAL AGREEMENTS AND COVENANTS AND PROMISES CONTAI-iNED IIERF•:IN, THE PARTIES HERETO AGREE AS FOLLOWS: 1 . The Owners agree tizat the proposed Extension to the commercial development on the adjoining Block "A" registered Plan 698 will be constructed, used and maintained as an integral part of the shopping centre, known as "Bo% manc,ille `Mall " and it will not be separately conve5-ed or assigned. �r t • 2. PARKING AND LOADING The Owners agree to provide and maintain- off-street parking areas and loading areas in accordance with plans and m.. specifications to be approved by the Town including the surfacing thereof with concrete or bituminous asphalt . 3. SNOW REMOVAL (a) The Owners agree to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within 12 hours of the cessation of any fall of snow. (b) . The Owners agree to remove all snow within 12 hours of the cessation of any fall of snow, from: ( i ) the sidewalks along that portion 7 of King Street which abuts the subject r j property and Block "A" Plan 698; ( ii ) the sidewalks along Simpson Avenue abutting Block "A" Plan 698 ; ( iii ) the sidewalks along Hobbs Avenue, abutting Blocks "A" , "B" and "E" Plan 698 . 4 . GRADING Ar:D D.RAINAGE The Owners agree to undertake the grading of and provide for the disposal of storm, surface and waste water from the subject lands and from any buildings or structures thereon -in accordance with plans and specifications to be approved by the To.vn . 5 . FLOODLIGHTING The O.:'rlers agree to provide floodlighting of the subject lands and any buildings th(,reon in accordance with plans and specifications to be approved by the Town and Eowir.anville Public Utilities COmalission and to rel rain from erecting or using any form of illumination %0).ich in tIre opinion of tine Town would cause any traffic hazard or would any di:;turbance to any adjacent residential use. 6. FENCING AND LANDSCAPING (a) The Owners agree to erect <<:alls and plaint and Maintain hedges, trees, shrubs, or other suitable ground cover in accord- ance with plans and �= )ecifications to be approved by the Town to provide adequate landscaping of Block "A" and the westerly 125 feet of Block "A" Plan 698, and protection to adjoining lands. (b) The Owners further agree to plant and maintain hedges, trees, shrubs or other suitable ground cover in accordance with plans and specifications to be approved by the Town on the lands abutting Block "A" and the most westerly 125 feet of Block "B" ." registered Plan 698, lying between the said lands and the travelled portion of Hobbs Avenue, Simpson Avenue and King Street , respect- ively. 7. GARBAGE AND WASTE (a) The Owners agree to provide and maintain enclosed central storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings constructed on Block "A" , and the westerly 125 feet of Block "B" Plan 698, in accordance with plans and specifications to be approved by the Town. (b) The Owners further agree to remove the garbage and other waste material as often as may be rcquiced by the Town . 8. PLANS AND SPECIFICATIONS The Owners agree to provide plans showing the location of all buildings and structures to be erected on the said lends and the location of the other facilities required by this agreement . 9 . PERSPECTIVES, ELEVATIONS A111D FLOOR PL_1NS The Owners agree to provide perspective drawings and plans showing building elevations and floor Plans. 10. WIDENINd OF KING STREET The Owners agree to widen to the Town 's specifications � the south side of the roadwa - on the ' 5 portion of King Street which abuts the subject lands anc! provide access as may be required k by the Town. 11 . SIDEWALK Oil HOBBS AVENUE The Owners agree to construct , to the Town ' s specifications \v� a sidewalk along that portion of King Street which abuts the r C� ti4 ^ 1 1, subject lands and to construct to the Town' s specifications a side- : walk along that portion of Hobbs Avenue which abuts Blocks "A" ►'B" and "E'► Plan 698 . 12. ROAD WIDENING AND SIDEWALK DEEMED MUNICIPAL SERVICES The Owners agree that the above road widening and side- walk shall be deemed to be municipal services required under the terms of a previous agreement between the Town and the Owners dated the 22nd day of September , A .D. 1972 . 13. STREET LIGHTING The O%,:ners agree to install at their own expense such street lighting facilities as are necessary for the lighting •of roads and sidewalks adjacent to the subject lands, according to r., standards and specifications approved by the appropriate Public Utilities Commission . All electrical cables required to service the street lighting and the subject lands shall be installed underground . 14 . ONE FOOT RESERVES .The Owners agree to convey to the Town a one foot reserve along, the boundary of the subject lands abutting Hobbs Avenue and King Street . 1 ' (a 15. INDEMNIFICATION FOR REGIONAL LEVIES The Owners agree to indemnify and save harmless the Town from any levies, payable in respect of the subject lands pursuant to Clauses 16, 17 and 17 (a) of an agreement between the Owners and The Corporation of the Town of Bowmanville dated September 22nd, 1972, which may now be owing to the Regional Municipality of Durham by virtue of the ownership of the sanitary sewage works and water works referred to in same above mentioned clauses of that agreement now being vested in the Regional Municipality of Durham. 16. GENERAL LEVY The Owners agree that for the porposes of paragraphs 16, 17 and 17 (a) of an agreement dated the 22nd day of September, 4 1972, the Town shall be deemed to have received the sum of THIRTEEN THOUSAND, FIVE HUNDRED ($13, 500. 00) DOLLARS on account 1- of general levies in respect of the subject lands, and the amount owing by the Town to the Owners pursuant to paragraph 17 of the aforesaid agreement shall be reduced accordingly. 17. APPROVAL OF PLANS AND SPECIFICATIONS The Owners agree that the issuance of any building permit in respect of the subject lands shall be prohibited until all plans and specifications required pursuant to this agreement have been approved by the Town and the one foot reserve required by paragraph 14 hereof is conveyed to the Town. 1$. REGISTRATION ANT' ­'NFORCEMENT The Owners agree that the Town may register this agreement against the titles to Blocks "A" and "B" registered t plan 698 registered in the Registry Office for the Town of Newcastle (No. 10) and the Town may enforce the provisions of this agreement against the Owners of the subject lands and subject to the provisions of The Registry Act and The Land Titles Act, R.S.O. 1970 , any and all subsequent owners of the said lands. 19. RISK, EXPENSE AND DEFAULT The Owners agree that the facilities and matters required to be provided and maintained by the Owners of the subject lands shall be so provided and maintained at the sole risk and expense of the Owners and to the satisfaction of the - Town. The Owners further agree that, should there be any default in fulfilling the requirements of this agreement, the provisions of Section 469 of The Municipal Act shall apply. 20. BUILDING PERMITS The Town agrees that upon the Owners complying with the provisions of this agreement respecting approval of all plans and specifications required herein and upon approval by the. Ontario Municipal Board of a zoning by-law to permit the proposed -corm'aercial development, building permits for the construction of the twin theatres and retail stores will be issued in accordance with the approved plans subject only to payment of the usual _ permit fees and other fees as are payable under by-law currently in force in the Town. 21. INTERPRETATION 1%T0T AFFECTED 3Y 1IEIDINGS The division of this agreement into paragraphs and the insertion .of headings are for conveniences of reference only and shall not in any way affect the interpreta-ion of this agreement. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written, and the parties hereto have hereunto affixed their Corporate Seals by the hands of their proper signing officers duly author- ized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: Mayor clerk L.D.C.M. INVESTMENTS LIMITED, Per: -� BARhSOND BUILDERS LIMITED, Per . SCHEDULE to Development Agreement made in triplicate the 13th day of June, 1977 between L .C .D .M . Investments Limited and Barmond Builders Limited and The Corporation of the Town of Newcastle . LANDS AND PREMISES affected by the above noted Development Agreement : - ALL AND SINGULAR those certain parcels or blocks of land , situate lying and being in the Town of Newcastle ( formerly in the Town of Bowmanville) in the Regional Municipality of Durham, and being described as the whole of Blocks "A" and "B" , registered Plan 698. DATED : JUNE 13th , A .D . , 1 7 B E T W E E N : L.C .D .M. INVESTMENTS LIMITED and BARMOND BUILDERS LIMITED and THE CORPORATION OF THE TOWN OF NEWCASTLE A G R E E M E N T No. Land Registry Division of Newcastle (No. 10) I CERTIFY that this instrument is registered as of .Nt. AUG 31 1977 in the Land Registry Office Town of Newcastle Ontario. ���RgojsTPAR J ; , P,k I D LAND R;G r-� S i MS MORTON Mc I NERNEY & BRADY, 01TICE ATO 10 Barristers and Solicitors, i 117 King Street , Whitby , Ontario JA