HomeMy WebLinkAbout74-69
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-Law No. 74-69
A by-law to authorise the entering into a Site
Plan Agreement with Morsyd Investments Limited.
WHEREAS By-Law No. 72-53 was passed by the Council of the Corporation
of the Town of Bowmanville on the 5th day of December, 1972 authorising
the signing of a Subdivision Agreement with Bowtown Construction Ltd. and;
WHEREAS Clause 37 of said Agreement provides for the submission of a
Site Plan showing the location of all buildings prior to the construction
thereof, and;
WHEREAS Morsyd Investments Limited is the successor to Bowtown
Construction Limited;
NOW THEREFOR the Council of the Corporation of the Town of Newcastle
hereby enacts as follows:-
1. That the Mayor and Clerk are hereby authorised to execute on behalf
of the Corporation of the Town of Newcastle and seal with the
90rporate Seal a Site Plan Agreement between Morsyd Investments Limited
and the said Corporation dated 23rd day of September , 1974.
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Read a first, second and third time and finally passed this~ day of
September, 1974.
RiCkard_~~L/
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(Signed) G. B.
Mayor
Seal
(Signed) J. M. McIlro
Clerk
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-Law No. 74-69
A by-law to authorise the entering into a Site
Plan Agreement with Morsyd Investments Limited.
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J WHEREAS By-Law No. 72-53 was passed by the Council of the CorporatiQn
f the Town of Bowrnanvi11e on the 5th day of December, 1972 authorising
jthe signing of s Subdivision Agreement with Bowtowo Construction Ltd. and;
WHEREAS Clause 37 of said Agreement provides for the submission of a
Site Plan showing the location of all buildings prior to the construction
thereof, and;
WHEREAS Morsyd Investments Limited is the successor to Bowtown
Construction Limited;
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NOW THEREFOR the Council of the Corporation of the Town of Newcastle
hereby enacts as follows:-
That the Mayor and Clerk are hereby authorised to execute on behalf
of the Corporation of the Town of Newcastle and seal Jith the
Corporate Seal a Site Plan Agreement between Morsyd Investments Limited
and the said Corporation dated 23rd day of September , 1974.
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Read a first, second and third time and finally passed this 23rd day of
September, 1974.
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Rickard, ,~~ y (.~(/ <:: /c<- <._~/
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(Signed) G. B.
Mayor
Seal
(Signed) J. M. McIlro
Clerk
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BY-LAW NO. 74-69
. ~e.o.'$lRAT10N
FEE
TOWN OF NEWCASTLE
ENTERING INTO A SITE
PLAN AGREEMENT WITH
MORSYD INVESTMENTS LIMITED
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l'~NSFER TAX
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70880
~~~d Registry D. ivisiOp:.()" ',Ne,Yf~8~tle tNo. 10) f
I CERTIFY thatt~it iMfrumtriU'$ realstered IS 0
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MAR 7 1975 in the
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CERTIFIED COpy OF A BY-LAW
OF THE TOWN OF NEWCASTLE.
~nd
~gistry Office
1'own ot Newcastle
Ontario.
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'rHIS AGREEMENT made this 23 day of Sept. , 1974
MORSYD INVESTMENTS LIMITED, a company
duly incorporated under the laws of the
Province of Ontario
hereinafter called the "Developer"
OF THE FIRST PART;
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THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the "Town"
OF THE SECOND PART;
-and-
THE BOWMANVILLE PUBLIC UTILITIES COMMISION
hereinafter called the "Commission"
OF THE THIRD PART;
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TWEEDLEDEE INVESTMENTS LIMITED,' BOWTOWN
CONSTRUCTION LIMITED, 262829 HOLDJNGS LiMITEti,
~ELLER-NATOFIN (ONTARIO) LIMITED,' companies duly.'
lncorporated under the laws of the Province
of Ontario, and JULIA JANE SMITH, of the City
of Vancouver in the Province of British Columbia
hereinafter called "The partie~ of the Fourth Part"
OF THE FOURTH PART:
\~~REAS the Developer is desirous of conatructine a
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condominiQm-row hous'e project in~ccordance with the Site Plan attached hereto
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as Schedule "A";
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",1 AND WHEREAS the Developer is the owner of the lands
described in Schec'l.ul(:lc'}'B", being; ti\ portion of the lands indicate,d on Schedule "A";
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AND WHERF~S the Town is the owner of the bale!'.ce of
the lands shown on Schedule "A", which lands ere described in Schedule "E" attached
hereto, and are to b~~conveyed by the Town to the Developer to be used as a road
access to th~ condominium-row house project;
A1~ V~S the Town agrees to the ,construction of
such a condominium project provided certain conditions are agreed upon between the
Town and the Developer and registered against title;
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL AG!'8EME.NTS
AND COVF.NJ\NTS AND rnOMISEli HERInN CONTAINl;;D anCl othor good and valunble cono~.Cl.oratio!l~
the parties hereto agree as follows:
1.
(a)
SECURITY
,AHD
PEnForJ,1I\NCE
The Developer agrees to deposit with the Town as security
for the performance of this Agreement a sufficient sum,
to be deposited at the option of the Developer by a cash
deposit~ letter of credit, or other negotiable securities
approved by the Town Treas~~er in the amount of 100% of
the est~ated cost of the services to be installed as shown
on Schedule "D"; ,
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1. (b) The Developer agrees that upon the failure by the
Developer to complete a specific part of the serv~ces
as requested by the Town and ~n the time requested,
,(i) the Town, by resolution of Council, may at any
~\ime authorize the use of all or part of the cash
'deposit, letter of credit or other negotiable secur-
ities as referred to sub-clause ea) hereof to pay the
cost of'any part of the services the Town may deem
necessary. (ii) the servants or agents of the Town
may enter upon the lands and perform such work. as may
be required to carry out the requested complet~on.
,The Town agrees to reduce, from time to time, the amou-
nts receiv~d as cash deposit, letter of credit, or
other negotiable securities as referred to in sub-clause
(a) hereof ,by an amount equal to 100% of ,the value' of.
the completed services, upon receipt of statutory decl-
arations that accounts relative to the installation of
the completed services have teen paid.
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The Town agrees to release the full amount of the security
upon the Town being satisfied as to the completion of all
work by the Developer.
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(d)
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The Developer agrees to furnish the Town or the Commis-
sio~ at any time and from time to time on demand, with
a Statutory Declaration by or on behalf of the Developer
that the Developer has paid all accounts that have become
due and payable in connection with the construction,
installation and maintenance of the Works services.
2. The Developer agrees to complete or cause to be
completed at its own expense and in a good workmanlike manner,
all the required services as hereinafter set forth to the satis-
faction of the Town and to complete, perform or make payment for
such other matters as may be provided for herein.
3. The, Developer agrees that it will employ a registered
profeSSional engineer to design and supervise the installation
ot all services on the lands in Schedule "B".
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4. The Developer covenants and agrees that it will not
permit any of the units to be occupied illltil all other services
have been installed and the internal roadways have received
at loast the base coarse of asphalt from the front of the units
being occupied to the municipal roadway and electrical power is
available to the said units. The Developer agrees to deposit
with the Town the sum of $500 for each dwelling unit upon
issua.nce of a building permit for the said unit which sum shall
be forfeited in the event that occupancy occurs prior to the
installation of services and completion of ~oadways to the
required standard. The Town agrees to return the deposit for
each dwelling unit to the developer forthwith at such time as
the unit, is ready for occupancy in accordance with this clause.
5. The Developer agrees that the Town shall have the
l~:laht to enter onto the lands described in 'Schedule "AU from
time to time for the purpose of inspecting the progress of
construction and ensuring that construction is completed in
accordance with this Agreement. It is further agreed that
tho se~vants or agents of the Town shall in the event that an
SCOPE 01
AGRE&"{.
ENT
PROFESS.
rONAL
ENGINE-
ERING
CONSTRUe
TION Ju.1l
OCCUP JJK
INSPEC-
TION AND
ENTRY
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emergency situation arises, have the right to' ,enter upon the
lands and perform any temporary repair or service which might
be necessary to rectify such emergency situation.
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The cost of this shall be borne by the Developer and the
Developer further agrees to save the Town harmless from any
, costs or damages which may arise from making such emergency
arrangement. It is further agreed that if the Town does make
an entry under this clause. any worlt involved wi th re~pect to
this project shal~ not be deemed to constitute acceptance of
the wor~ being repaired.
The Developer agrees to pay all charges incurred by
the Town in connection with engineering and inspection services
within thirty (30) days of beinz rendered.
'6. The Developer agrees to construct the project
according to Schedule II A'~ attached hereto and all other
plans, profiles and specifications as listed in Schedule lIell
which the Developer agrees to submit for approval by the Town.
Where practical Drawings shall conform to the Town's standard
size 3611 x 2411 overall dimensions with 1/211 borders on all
sides. The Developer agrees that no building permit shall be
applied for or issued until all plans, profiles, and speci-
fications have been approved.
7. The Developer agrees to construct a complete water-
works system or systems, including booster pumps as required
hydrants and water service connections to service all the lands
according to plans and specifications approved by the Town
and to maintain them. All watermain systems shall be constructed
to an outlet on King Street according to standards approved by
the Town and shall be of sufficient size, depth, and at locations
within the limits of the site to service the entire development.
8. The Developer agrees to construct complete sani-
tary and storm sewer systems, including sanitary and storm
connections and catchbasins and leads to service all the lands
on the said plan and adjacent road allowances, according to
plans and specifications approved by the Town, and to maintain
them, including clearing any blockages. Such sewers shall be
constructed to an outlet on King Street according to designs
and specifications approved by the Town and shall be of
sufficient size, depth and at locations within the limits of the
site, to service the entire development.
9. The Developer agrees to carry out all grading works
necessary in the opinion of the Town to provide for proper
drainage of all lands included in the said site and adjacent
lands which drain through the said development. It is under-
stood and agreed that the said works shall be constructed in
accordance with grading plans approved by the Town, and said
plans shall not conflict with or impede the proper drainage
of any adjacent land. The Developer further agrees to forth-
with rectify and alleviate any drainage problem upon written
notice from the Town.
INSPEC.
TION AND
ENTRY
(cont'd)
PLANS ANI
SPEC IFICi
TIONS
HATER-
vJ O~i(S
SEt'IEES
DRAINAGE
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, 10. The Developer agrees to rough grade to the Town' 5
specifications to the full width, all roadways as shown on
tho said plan prior to the installat~on or construction of
the relevant services provided for herein. The Developer
further'agrees to keep all parts of the site which may be
so required free of all materials and obstructions which
might interfere with the installation of electric, telephone,
gas or other u~ilities.
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11.
(a) The Developer agrees to construct all the
roads and parking areas as shown on the said
plan to plans and specifications approved by
the Town and to maintain them to a standard
acceptable to the Town.
. (b) The Town agrees to convey to the Developer
the lands described in Schedule "E" for the
construction of a road and other services upon
the letter of credit, cash or other negotiable
security referred to in paragraph 1 being
delivered to the Town. The said lands as
described in Schedule "E" are included on the
plan attached as lands upon which the
Developer is to construct a road for the
purposes of paragraphs 9 and 10 (a).
ROUGH
GRADE
ROADS
PAVED
12. The Developer agrees to construct curbs and gutters CURBS ANL
on all the roads as shown on the said plan according to plans GUTTERS
and specifications approved by the Town and to maintain them.
If any curb depressions are not located correctly with respect
to a driveway, the Developer shall construct a curb depression
in the correct location and replace the original curb and gutter
section according to the said specifications.
13. The Developer agrees to construct sidewalks on all
roads in the development in accordance with plans and speci-
fications approved by the Town, arrd to maintain them.
14.
(a)
The Developer agrees to provide and install electric
distribution services for all buildings within the
development~ according to the provisions of a sep-
arate agreement to be entered into by the Devel?per
and the Commission.
(0) The Developer agrees to provido and install all
exterior lighting, including lighting poles and
other necessary appurtenances for the lighting of
all streets, pedestrian walkways qnd open spaces
011 the site according to plans arid specifications,
approved by the Commission and the/Town.
Co) The Developer agrees that all electrical and tele-
phone cables shall be installed underground.
15. When deemed necessary by the Town, services shall
1:10 constructed and insto.llcd unCI' tho obsorv~tion of Inspec- /
tors employed by or acting us agonts of the Town and the
LOJvolopor agroes to 'paY tho accounts therofore wi thin
thirty (30) days of their being rendered.
S IDZHl.,LKS
ELECTRICI.L
DIS1IRIDU--
TION AND
E;{TERI011
LIGHTING
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INSPECTION
OF \'lORK
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16. Xhe Developer hereby agrees to pay the cost of '
relocating any existing services made necessary by reason
ot the development ot the lands as aforesaid within ten ,
(10) days of the account tor same being rendered by the ~own;
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, RELOCA1'
ION ,OF
EXIS~n
: SEnVICI:
17. ~he Developer agrees to grant to the Town, .nd the COlllllli.jjJME~
free of charge, any easements required by the Town, or th.,COtlIlIiaal~!,
Provided that the only ....M.nt reguired by the COtlIlIla.lon is . 20 'oat wide ,
strip along the ..st.rly boundary tor a high voltage l1ne,-.hioh ...._nt will
')pt In~.t'Y afr.ct the dev.lopm.nt ahown in Sch.dul. "A".
,1CS. ~The Developor agrees that the Town shall have the
right, at the cost of the Developer, to' enter on to the lands MAINTEN
described in Schedule "A" for the checking, maintenance and ANCE
. upgra4ing of standpipes, firehoses, emergenoy lighting, fire
pumps, alarms, sprinklers, and fira hydrants as need be.
19. ., The Developer agrees that Secondary aocess routes
and walkways identified us emergency access routes are to be
kept clear of any type of fencing or other obstacles and that,
where such emergency access routes require vehicles to trav-
erse lands not subject to this agroement,an easement over
those lands will be acquirod prior to the 1sswmce ot build-
ing permits.
20. 'The Developer agrees to install fire hydrants adj-
acent to the roadways, at 300-foot intervals ~nd in a manner
so that none of tho building structures are further than 900
teet from the noarest water hydr~nt.
21. The Developer hereby agrees to pay taxes in full
on all lands included in the said plun until said lands are
assessed and billed as a r~gistered condominium.
22. The Developer hereey agrees to prepay any out-
standing Local Impl'ovQment charges which are lGvied against
the streets shown on the said plan which opon onto Town:
Road.
23." Interest at the rate of twe.;J..ve per cent (12%) per
annum shall be, payable by the Developer on all, sums of
money not paid on the due dates.
EMERGIm i
ACCESS '1
FIRE
HYDN\NI
PAYMEN'l.
o F ~J\.te
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PBEPAY4i."
l-fENTOF
LOCAL .
INPfiOVE
MENTS . ,.
INTERE5
24. Before commencing any of the work provided for
herein, the Developer shall supply the Town with a Liability
Insurance Policy in form satisfactory to the Town, idemnity-
, ing the Town from any loss arising from' claims for damages, ,
injury or otherwise in connection with the work done by or on
behalf of the Developer on the development; The policy shall .
remain in force until the dovolopnont is cortifiod to be COMpleted
by the Town. In the event any renewal premium is
not paid, the Town in order to prevent the lapse of ~uch' "..
Li abi 1i tyInsur ancedPolicy, may pay the renewal pr~tnll1XJl;";:'.:~w_~;"'-:-"~:'~
or premiums and the Developer agrees to pay the cost of ;,;,.H ",,<.~
such renewal or renewals within ten (10) days of the
account therefor being rendered by the Town.
LIABIL~
INSUBAl
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2,. The Developer agrees to prov id e the Town prior: ~' "t' ,- '~ ~"r:~}~'
to the commencement of the development wi,th D. Grading ControJ., ,,:'l"J.\~;
Plan prepared by the Developer I s Consulting Engineerestal;>.. '~OR.fJ):r;1'(~
lishing tho proposod grading of the lands to provid~ f'or -the DRA!NAO
proper dr~inage the reof an~ tho drainage of a, 11 13.,',d j o.ce,nt.,l,',$nd~, ;,A~D ~"O,ll
which draJ.n through .tho saJ.d development. The said Gz;ad1ng ':o',ING'~;1
Control Plan shall be prepared to the satisfaction of :the i':t;;C.
Town. The grading of the land shall be carried out in
accordance with such Grading Control Plan under the
supervision of the Developer's Consulting Engineer.
The Developer agrees to sod all parts of the site except
for paved, built on, or planted areas, upon the comple-
tion of the construction of buildings thereon.
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26.
(a)
Fencing Adiaccnt to Residential Properties
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The Developer agrees to construct a cedar tight
board fence of a minimum height of 6 feet along, '
the portions of the property lines abutting exist-
ing residential and commercial properties and to
construct a cl1ain linl{ fence of a minimum height
of 4 feet along the portions of the property lines
abutting school properties except for the pedest-
rian access to the school shown on Schedule A.
(b) Qualitative ur Quantitative Te:3ts
The Developer aereBs that the Town may have quali-
tative or quantitative tests made of any materials
which have been,or are proposod to be used in the
construction of any services required by this
Agreement, and tho cost of such tests shall,be
paid by the Developer within thirty (30) days of
the account being rendered by the Town.
(c) Pedestiran Walkways
The Developer agrees to construct pedestrian :
walkways, where roquir0d by the Town,accord1ng ~o
plans and sp0cifications approved by the IU.~i~
a!l!X~~~~X'u1<gx:o~xt~ Town.
(d) Snow Plowin~ and Sanding of Road~
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The Developer agrees to snow plow and sandall ~
access roads from any occupied buildings to exist-
ing Town Roads, including an alternate means of;
access where available and to clear off all snow
on sidewalks, and footpaths that provide p~de~t~
rian access to occupied dwellings within twelve
(12) hours of a storm. '
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(e) Landscapine
The Developer agrees to carry out the landscaping
of the project in accordance with plans and
specifications approved by the Town.
(f)
Qarbago Collection
The Developer agrees to collect all garbage and
refuse at least once per week from each housing, ,
,unit and to doposit same in one enclosed d.epos1t '~
sturcture loqated neur the edge of the dovelopment
as ind:Lcatod on SChodule "A". The Developor agrees
be responsible for the maintenance and hygienic.,
quality of this area as well as the collection"of
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GENERI\l
PROVISl
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26.
(f) Garbage Collection (conttd)
sarbage of the units and the transportation of
garbage to the one deposit area. The developer
agrees to construct the above mentioned structure
to plans and specifications approved by the Town.
GENERAL
PROVISX(
(cont I (
(g) Cleanin~ of Streets
The Developer agrees to control the dust as
required by the Town on all roadways within the
development and on other streets affected by
works in the development during construction and
to sweep and keep clean all roadways and side-
walks within the development thereafter.
(h)
Bouse Number5-
e
The Developer agrees to number the units with
street addresses acceptable to the Town and
further agrees to supply and erect whatever
street signs and traffic control devices are
deemed necessary by the Town.
(,1) ,
ParkiX)g
The Developer agrees to keep clear all roadways on
the site, to permit 'no parking of vehicles other
than in garages, driveways or visitor parking
spaces as indicated on Schedule A, and to remove
forthwith I:\ny vehicle found to bo obstructing any
roadway within the site.
27. Wherever in this Agreement the work "Developer"
and the pronoun lIitll'is used, it shall be read and construed
as "Developer" or IIDevelopers" and "his" or "theirll, respect-
ively, as the numbGr and gender may roquil'c and the nu.'1lber of
the verb agreeing therewith shall be construed adcordingly~
28., This Agreement and everything herein contained
shall'enure to the benefit of and be binding upon the parties
hereto, their successors and assigns.
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29. This Agreement shall bo binding on subsequent owners
of the land s.
30. The Developer agroes to pay the following sums
under this ,Agreement. upon the issuance of building permits
1fi addition to the usual building permit fees:
<a) The amount of $600.00 to the Town for each dwell-
ing unit to be constructed on the lands described
in Schedule "B" as general levies;
(t) The amount of ~;;15,060.00 to the Town in accorda.nce
with Council resolution C 770.72.,
(c) The amount of $150 to the Commission for each
dwelling unit to be constructed oI,1 the lands des-
cribed in Schedule "B" as electrica.l service
lev ies.
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3l. The Developer agrees to apply to have the portiono of tho l'~,t',n
. of Subdivioion 701 as described in Schedule "n" and "E" hal'eto (\~":Clandel1 by '01:'J
deletion of all existing lot lines within the lands so. described. The Doveloper
agrees tha.t should the Ministry of Housing impose conditions on giving draf';;
approval to the proposed condominium, such conditions sha~ form part of this
Agreement and be complied 't'lith by the Developer.
32. The Developer agrees to the registration of this Agreement by
the Town against the title of the lands set out in Schedule "B".
33.(0.) The TO~Tn and the Commission agree that upon the fOllowinG conditiono
oct out in subplll'agraph (c) of this plll'agraph bei1"..g fuli'illed, this Au"Tce!:!a!:'/v ohC'.ll
beco~e the entire agreement between the parties hereto and a certain agreement nnao
on the 31st. day of October; 1972 between Bowto~m Construction Limited, Tha
Corporation of the TOlin of B01T.manville and the Public Uti1ities Cammisoion of the
TOiin of Bo't'lmanville shaLl. become mill and void and be superseded hereby. Until
such t~s as the conditions set out in subparagraph (c) of this paragraph 33 arc
flUf:Uled, the Agreement made the 31st. day of' October, 1972 chall be. deemed to be
in fUll for~c and effect between the parties hereto.
(b) The Town further agrees that upon the conditions set out in
subpnI'agraph (c) of this paragraph beinz fulfilled and upon the DevelopeI' cO:"\L')1yi!l3
with the provisions of this Agreement and upon approval of all required plQ~,
pI'ofiles and specifications, permits '\-lill be tlssued for the construction of the lL'lita
indicated on Schedule "A II attached hereto on payment only of the usu.al buildip~ :permit
fees and such other fees and deposits as are herein agreed.
(c) The conditions to be fulfilled under the terms of this paraCI'oph
33 arc as follO\1s:
(i) Approval of the Regional Municipality of Durhrun to the water
and sewer connections;
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34. This Agreement chall be binding ~on the partico heroto and
their successors and assigns.
35. The Town, in addition to any other rights conferred on it pl~ounnt
to this agreement, shall have the right at all times to enter upon the land
described in Schedule "B" for the purpose of carrying out any obligations ir.::?osed
on the Developer under this Agreement which the Developer has failed to carry out
according to the terms of this Agreement and any expense or expenditure incl~rcd
by the Town in so doing shall be paid by the Developer to the TO'\'ln on c1emancl.
36. The land described in Schedule liB" is hereby charc;ed "lith the
payment of all monies payable to the Town pursuant to the terms of this Aerce~cnt,
including all monies which may become payable to the TO\inpursuant to the provisions
of the preceding paragraph.
37. This Agreement shall not be binding upon the Town unless and l"-,,,M.l
it is registered upon the title to the property described in. Schedule "B" ond
unless at the ttme of such registration the Developer is the owner of the said land,
s~fuject only to the rights of the Parties of the Fovxth Port and unlese the said
Parties of the Fourth Part have executed this Agreement for the purpose of postponine
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their rights in the said land to tpe provisions of this Agreement. '
Nothing in this Agreement shall require any mortgagees neJncd 0.0
Parties of the Fourth part to carry out any of the provisions hereof until they
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have entered into possession, purport to sell under a Power of Sale ortu"~~U<:i. }~~iJ;:
or have taken an-y other action to obtain control of the lands or have ill .' ,,'" "y~~' ':"i~j(,,;
:::=:d ~~.:~;::1:,:v:~~r .:::t~ ::a:t t: :n:.::::::b: ~h1:.:::~" i~<l;
flU'nish the municipulity with a letter directed to the municipality, signee! by , ;:.J,;:",':;:'I'.",~,,:
an Ontario Solicitor, certifying as to the ownership of the land described 18 . , '
Schedule "B". , ,:t'i '}J
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39. The Parties of the Fourth Part do hereby postpone their interest
in the land described in Sch~duJ.e "B" to this Agreement with the intent that'
this agreement shall take 'effect as though dated, executed, delivered and '
registered prior to any instrument under which the said Parties of the rour~b
Part claim an interest in the said land.
40. The Developer shall pay to the municipality on demand all C&8ts
- incurred by the munLcipality for the services of consu.ltants in cOIUlection witb the
preparation-of this agreement.
41. The Town convenants and agrees to execute any documents
required for purposes of registration of a condominium project on
this site, as well as any other documents required to implement this
Agreement, and by the execution of this Agreement, the Clerk and Mayor
are hereby authorized to execute said documents upon same being submitted .~
by the Developer.
42. The Developer agrees that, should the Town in future
pass a by-law under the provisions of Section 35 (a) of the Planning
Act RSO 1970 C. 349, which by-law affects the lands described in
Schedule "B" to this Agreement, then this Agreement shall be deemed
thenceforth to Jle an agreement duly entered into under the authority
of the said Section 35 (a).
.
43. In this Agreement the term the "Town" or the "Town of
Newcas t 1 ell sha 11 have the fo 11 ow i ng mean i ngs :
(a) Director of Public Works of the Town for purposes of
paragraphs 1 (c), 26(f), 26(g) and 26(h);
(b) Director of Public Works or any consulting engineers
designated by resolution of the Town Council for purposes
of paragraphs 2,6,7,8,9,10,11,12,13,25, and 26(e). 26(c)
Provided that in the event that any of the plans, profiles
and speci~ications submitted to the Town for approval shall not have
been consldered for approval by the Town within fourteen (14) days
of s~bmissi9n fo: ~ppr~val by the Developer of the Town, such plans,
proflles or specaflcatlons, as the case may be, shall be deemed approved
hereunder.
,-
m WITNESS WHEREOF the Baid parties have berev.D*.P
affixed their Corporate Seals attested to by the hahds of their proper offieee.
in that behalf fully authorized.
.
SIGNED, SEALED AND DELIVERED
in the presence of:
Approved and Authorized
by By-Law Number 14. {O~
Pas sed the -:>... '"'2.> I\.(,'l
Day of ~~r
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MORSYD INVESTMENTS LIMITED
Per:
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THE CORPORATION OF THE TOWlf
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THE BOWMANVILLE PUBLIC UTILITIES
, ~ISS, ION
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Cha1.rman
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Manager
TWEED~S
Per:
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262829 HOLDINGS LIMITED
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BOWTOWN CONSTRUCTION LIMITED
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AFFIDAVIT OF SUBSCRIBING WITNESS
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!, S'USJq-.! J5'<2-u~-J t/~
of the &-]y V d~ .
in the ~ .e./~ make oath and say.
I am a subscribing witness to the attached in~trument and I
was present and saw it executed at ~V~
by Julia Jane Smith.
I verily believe that each person whose signature I witnessed
is the party of the same name referred to in the instrument.
.
SWORN be~ore ~e at the }
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t,_h_=i__~~~,I;L"""" d""a~of~,,"_ " 1,974,. ~
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A ~OlLe-r for taking Affidavits,
etc.
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AFFIDAVIT AS TO LEGAL AGE
.
I, JULIA JANE SMITH
of the City of Vancouver
in the Province of British Columbia
make oath and say:
When I executed the attached instrument, I was at~
lease twenty-one years old. ?fa
SWORN be~ore ~e at the
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of tAJ~V~
in the ~ ~
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this /f!Lday of ~1974. ~
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A G~~~taking Affidavits,
etc.
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SCHEDULES
"All - SITE PL:I.N 02 ENTIRE CmmOHINIUM DEVELOPMENT
"B" - DESCRIPTION 0Ii' LI~NDS OvrNED BY THE DEVELOPER
"ell PLANS, PROFILES 11.ND SPECIFICATIONS
"',
UD"
OUTLINE ...~ND EST I~~'~TED CO&T OF SERVICES
'.i
GENEHAL
EXC.AVlI.TION ..~ND B..~CKFILL
.'It
- WATErYu~INS AND WATER ROUSE 3ERVICE CONNECTIONS
SANITA...,y AND STOHH SEUEHS ,AND HOUSE CONNECTION$
D~~\IN~GE AND GRADING
.'
- hOADS, SIDEWll.LKS l..ND SIGNS
4It MISCELLANEOUS
\tEll - DESCRIPTION 01,' LANDS all/NED BY THE TOVJN TO BE
DEEDED '1'0 TIiE DEVELOPER
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SCHEDULE "B"
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FIRSTLY
ALL AND SINGULAR that certain parcel or tract of land
and premises situate lying and being in the ~own of
Newcastle, Regional ~unicipality of Durham, Province of
Ontario, and being composed of all of Bowtown Court
dedicated as a Public Street on' Registered plan Number
701, formerly in the TOlvn of Bowmanville, County of
Durham, nmoJ' closed by LTuc1ge' s 0rder da ted ~Novep;ber 7th,
1974, and registered as Instrument No, 70097.
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SECONDLY
ALL AND SINGULAR t~hat certain parcel or tract of land and
premises situate, lying and being in the Town of Newcastle
(formerly in the Town of Bowmanvil1e) in the Regional
Municipality of Durham, in the Province of Ontario, originally
being part of Lot Ten (10) in the First Concession of the
Township of Darlington, now in part of Block Three (3)
on the North side of King Street according to the plan of
the said Town of Newcastle made.by C, G, Hanning, P.L.S.
dated June 30th, 1869, and now on" West, No. 10,'being more
particularly described as follows:
CQ;/J,fENCING at a point in the northerly limi t of KinG StJ:'C2t
distant ~esterly therein two hundred and fiftce~ and two one
hundredths feet (215.02')' from the south easterly angle of said
Block Three (3);
ThENCE. Northerly parallel to the said easterly limit of Block
Three (3) three hundred feet ~300');
ThENCE ~'lesterly parallel to the NOl'therly limi t of l(inl' Stre_et
a distance of sixty-six and three onc-hundredths feet (66.03')
to a point;
TEENCE Southerly parallel to the said Zastorly limit of Block
Three (3) three hundred feet (300') to a point in the said
Northerly limit of King Street;
ThENCE Zasterly sixty-six~nd three one-hundredths feet (66.031)
to the POINT O~. CO;.~}'1Ej\CE1~ENT.
?ho said parcel contnh.s O.1l-5 :lCl'0S more 01' le'ss and is sho";:)
o"utlined in red on n plan of survoy lr.Q.do by H.D. 13rO\.;n, 0.L.8.
dated October 8, 1970.
THIRDLY
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, in the Regional
Municipality of Durham (formerly in the Town of Bowmanville, in the
County of Durham) and being the whole of Blocks A, B, C, D, E, G,
H, and I, according to Registered Plan No. 701 registered in the
Registry Division of Durham West (10).
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SCHEDULE liE"
being attached to and forming part of an
Agreement t.etiv8en Horsyd Investments Limited
and the Corporation of the Town of Newcastle
ALL l..ND SINGUL1'~h that certain parcel or tract of land tlnd
premises, situate, lying and being in the Town of Newcastle
(formerly in the Town of Bowmanville) :Ln the HeL;ional }hmici-
pality of Durham, in the Province of Ontario, originally
being part of Lot Ten (10) in tho First Concession of the
Township of Darlington, now in part of Block Three (3) on the
North side of King StreGt according to the plan of the said '
Town of Newcastle made by C. G. Hanning, P.L.S. datod June 30th,.
l869~ and now on West, No. 10, being more particularly described
as follows:
COHHENCING at a point in the northorly limit of King Street
distant westerly thorein two hundred and fiftoe~ and two one
hundredths feet (215.02') from the south easterlY angle of said
Block Three (3);
ThENCE, Northerly parallel to the said easterly limit of Block
Three (3) three hundred feet ~300');
ThENCE Westerly parallel to the Northerly limit of Kinf'(' Street
a distance of sixty-six and three one-hundredths feet 66.03')
to a point;
THENCE Southerly parallel to the said Eastorly limit of Block
Three (3) three hundl'ed feet (300') to a point in tho said
Northerly limit of King Street;
THENCE Easterly sixty-six and three one-hnndredths feet (66.03')
to the POINT OL' COl',1NENCEl'1ENT,
The said parcel contains 0,1!-5 ~(;l'oS mora or less and j,::; shown
outlined in red on a plan of survey made by H,D, Drown, OiL,S.
dated October 8, 1970.
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RETAIL
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70881
No.
Land Registry Division of Newcastle (No. 10)
I CERTIFY that this instrument is registered as of
1150 !looM.
Land
Registry Office
Town of Newcastle
Ontario.
MAR 7 1975
fit'REGISTMft
in the
.
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DATED:
23rd September, 1974
MORSYD INVESTMENTS LIMITED
-and-
THE CORPORATION OF THE TOWN
OF NEWCASTLE
SITE PLAN AGREEMENT
MARKS & McNEELY
17 King Street East
OSHAWA, Ontario
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C E R T I FIE D
COP Y
I, Joseph ~ McIlroy, of the Town of Newcastle, in the Region of Durham,
Municipal Clerk, DO HEREBY CERTIFY that attached hereto is a true copy of
By-Law Number 74.-69 passed by the Council of the Corporation of the Town of
Newcastl~ at its meeting held on the 23rd day of September, 1975.
I further certify that the lands affected by By-Law No. 74.-69 are as per
Schedule "B" of the Site Plan Agreement the signing of which is authorised by
By-Law No. 74-69 and which may be more particularly described as follows:-
FIRSTLY
ALL AND SINGULAR that certain parcel or tract of land and premises situate lying
and being in the Town of Newcastle, Regional Municipality of Durham, Province of
Ontario, and being composed of all of Bowtown Court dedicated as a Public Street
on Registered Plan Number 701, formerly in the Town of Bowmanville, County of
Durham, now closed by Judge's Order dated November 7th, 1974, and registered as
Instrument No. 70097;
SECONDLY
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Newcastle (formerly in the Town of Bowmanville) in the
Regional Municipality of Durham, in the Province of Ontario, originally being
part of Lot Ten (10) in the First Concession of the Township of Darlington, now
in part of Block Three (3) on the North side of King Street according to the plan
of the said Town of Newcastle made by C.G. Hanning, P.L.S. dated June 30th, 1869,
and now on West, No. 10, being more particularly described as follows:
COMMENCING at a point in the northerly limit of King Street distant westerly therein
two hundred and fifteen and two one hundredths feet (215.021) from the south
easterly angle of said Block Three (3);
THENCE Northerly parallel to the said easterly limit of Block Three (3) three
hundred feet (3PO');
THENCE Westerly parallel to the Northerly limit of King Street a distance of sixty-six
and three one-hundredths feet (66.031) to a point;
THENCE Souther~y parallel to the said Easterly limit of Block Three (3) three
hundred feet (300') to a point in the said Northerly limit of King Street;
Thence Easterly sixty-six and three one-hundredths feet (66.03') to the POINT OF
COMMENCEMENT.
The said parcel contains 0.45 acres more or less and is shown outlined in red on a
plan of survey made by M.D. Brown, O.L.S. dated October 8, 1970.
THIRDLY
ALL AND SINGULAR that certain parcel or tract of land and premises situat~, lying
and being in the Town of Newcastle, in the Regional Municipality of Durh~ (formerly
in the Town of Bowmanville, in the County of Durham) and being the whole bf
Blocks A, B, C, D, E, G, H, and I, according to Registered Plan No. 701 registered
in the Registry Division of Durham West (10).
WITNESS my hand and the seal of The Corporation.
. ~ i 'f JJr;:;
DATED th~s .......... day of
au~,-
................... A.D.,
1975.
Clerk
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Seal
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