Loading...
HomeMy WebLinkAbout80-119 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 80-119 Being a by-law to authorize the entering into a Development Agreement with the Newcastle Lodge for Senior and Family Dwellings with regard to an apartment building The Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal a Development Agreement between . the Newcastle Lodge for Senior and Family Dwellings and the said Corporation with regard to an apartment building, dated the Ii day of 1980, which is attached hereto as Schedule "A". ~~. By-Law read a first and second time this 2lv- day of ~;r;:;:,J 1980. By-Law read a third and final time this )IJ- day of O~ 1980. " -~/ " / Garnet B. Rickard~~~~~ Mayor . Jose h Clerk DEJELl�i'.�t:rvT ,1GJ:EE:: Il vT 1ADE (in triplicate) this diy of � � d �✓� A.D. 1980. B E T W E E N NEWCASTLE LODGE FOR SENIOR AND FAMILY DWELLINGS, 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 comprise Parts 4, 5 and 6 on a plan of survey prepared by Merrill D. Brown Limited, Land Surveyors and Engineers, dated March 2, 1979 deposited in the Land Titles Office for the Registry Division of Newcastle as Plan 1OR943, 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 or will be owned by it, as stated in the Certificate attached, or to be attached, to this Agreement as Schedule "B"; AND WHEREAS the Owner proposes to erect a 43 unit senior citizens apartment building, and has requested the Town to approve the said development pursuant 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; 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 pro- vision of services. NOW THEREFORE, in consideration of the mutal agreements and cov- enants hereinafter contained, the parties hereto agree as follows: e 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size, location, elevation and exterior architectural design of the r building which the Owner proposes to erect on the "said lands", which is.hereby approved 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 accord- ance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bitu- minous 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. S. GRADING AND DRAINAGE The Owner is responsible for the internal and external drainage from the '§aid lands" and agrees to undertake the grading of and provide for 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 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 illumina- tion 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 main- tain 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 3:. is", and protection to adjoining lands. - 3 - 8. SIDEWALKS ON KING STREET The Owner agrees to pay the cost of the reconstruction to the Town's specifications, of the sidewalk along the portion of King Street which abuts the "said lands" and to pay to the Town an amount of five hundred dollars, ($500.00) for the performance of said work. 9. OWNERSHIP OF PARTS 2 AND 3, PLAN 1OR943 (a) The Owner agrees that Parts 2 and 3, Plan 1OR943 will remain in the ownership of the Town until the Owner has satisfied or caused to be satisfied, the conditions set out in Schedule "F" hereto. (b) The Town agrees to deed Parts 2 and 3, Flan 1OR943 to the Owner if and when the conditions of Schedule "F" have been met to the satisfaction of the Director of Planning. 10. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain suitable garbage and waste storage facilities within the proposed building on the 'laid lands". (b) The Owner further agrees to provide for the removal of garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 11. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in res- pect of the "said lands'! shall be prohibited--until all plans and specifi- cations required pursuant to this Agreement have been approved by the Town, and until Parts 2 and 3, Plan 1OR943 have been deeded to the Owner, pursuant to Paragraph 9 hereof. 12. 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 i 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". - 4 - 13. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "E" hereto, the estimated cost of construction and installation of the internal and 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. 14. 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 provis- ions 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 sub- paragraph (1) hereof, are hereinafter collectively referred to as a "Performance Guarantee". 15. 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 a Municipality under this Agreement by the due date of the invoice of such costs. e_­1 16. BUILDING PERMIT The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifications - 5 - required 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 any by-law currently in force in the Town, provided that all building plans comply with the Ontario Building Code and such other Mur..icipal By-laws as may be relevant, and provided further that Parts 2 and 3, Plan 1OR943 have been deeded to the Owner, pursuant to paragraph 9 hereto. 17. 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. 18. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or build- ings for which a permit may be issued under Paragraph 14 hereof as soon as is reasonably practicable following the issuance of any such permit. 19. 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. 20. 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 corporate seals by the hands of their proper signing officers duly authorized in that behalf. 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 Plan E Estimated Cost of Internal and External Services F r'` - Conditions for Removal of 0.3 metre reserves SCHEDULE "B" THIS IS SCHEDULE "B1° of a Development Agreement between Newcastle Lodge for Senior and Family Dwellings and the Corporation of the Town of Newcastle. I, CHARLES EWERT, a Solicitor of the Supreme Court of Ontario, do hereby certify that Newcastle Lodge for Senior and Family Dwellings is the sole owner in fee simple of all lands described in Schedule "A" to the Development Agreement dated I further certify that title is subject only to a first mortgage to THE MARITIME LIFE ASSURANCE COMPANY, in the amount of $1,396,107.90, registered as Instrument No. 100638, October 15, 1980. SIGNED, SEALED AND DELIVERED in the presence of Per: �/ 7�1 E SCHEDULE "D" Revised Grading and Drainage Plans to come from Owner's Architect (to be submitted to Newcastle Public Works) SCHEDULE "E" Estimated Cost of Internal and External Services 1. Construction of Sidewalk on King Street $ 500.00 2. Construction of sidewalks, provision of lighting, installation of current roads and parking areas, and site grading 9,600.00 3. Landscaping, including sodding and plant- ings 16,000.00 4. External facilities and amenities, including patio slabs, pavers, gradens, shuffleboard court and benches 7,800.00 $ 33,900.00 SCHEDULE "F" THIS IS SCHEDULE "F" of a Development Agreement between Newcastle Lodge for Senior and Family Dwellings and the Corporation of the Town of Newcastle. 6 The Town covenants and agrees to deed to the Owner Parts 2 and 3, Plan 1OR 943 if and when the Owner has satisfied, or caused to be satisfied, the following conditions:- 1. THAT the Owner has paid to the Regional Municipality of Durham a lot development charge of $71,440. 2. THAT the Owner has paid to the town lot development charges of $21,000. SIGNED, SEALED AND DELIVERED ) NEWCASTLE LODGE FOR SENIOR AND FAMILY in the presence of ) DWELLINGS Per: Per: THE CORPO ION,\F TH TOWN OF NEWCASTLE Per- Per: Town of Newcastle Dear Sirs : June 2 , 1980. We,as abutting owners of the Newcastle Senior Citizens project, are in agreement that some of the surface water from that project drain onto our property. db/ Yours sincerely, Harry Jose Estate DATED: NEWCASTLE LODGE FOR SENIOR AND FAMILY DWELLINGS - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT DECLARATION UNDER SECTION 23 OF THE REGISTRY ACT I , Joseph Main McIlroy of the Town of Newcastle do solemnly swear that I am a party to a development agreement which affects the following lands : Parts of Lot 27, Concession 1, Geographic Township of Clarke, formerly in the Village of Newcastle, County of Durham and now within the limits of the Town of Newcastle in the Regional Municipality of Durham and comprising Parts 4, 5 and 6 on a plan of survey prepared by Merrill D. Brown Ltd. Land Surveyors and Engineers dated March 2 1979 , deposited in the Land Titles Office for the Registry Division of Newcastle (#10) as Plan 1OR 943 . I make this solemn declaration conscientiously believing it to be true and know that it is of the same force and effect as if made under oath. Declared before me at the Town of Newcastle in the Region of Durham this day of 19 fl A Commissioner, etc. 1029VS Kuxls .-l;ghu s! U—ber 2, ,n'sn hewn crs 1{m9 Sta;� Road .L'rtwrm,z Ljyvn i Conn:�srns 1 ar' 2, Y.mo's Hlahway N—b,x 2, also 1mcw os'K,,g S;rer, W1RT D - 3,ttN�HO d9 �I R.W AG 9E RVir Iz• HG 4 tdRT'.P.�v�p p 0.. � �.+n '�ro$ _�� $ _1 �m.�w. n• F, � 0.'a _' l'ARr 12, PL,9W RV9 Nisr fJ2 —40 e..x ik I R Y 8 C W `\ o PART rx.e Zw Mf J y �• r N��s Nr J ez�I n o L =-y •!a eN k BART 9 CO J INS' rF- 47333 �c ICJ t L�� 8 �. n• s.. —� , -! PART s � s PART 8 'OT 2_7 i m LOCATION MST'v 9]333 it�• ��� N2BZ]5 5eewopnc iu."x'w l�minm-1 N2a]]G Of SURVEY OF PARTS OF LOT 27,CONCESS101V 1, GEOGRAPHLC TOWNSHIP OF CLARKE, (F.Iner,m ff a VdlOge of Nepixm,,L, County of Dlvham) NOW WITHIN 77-E LIMITS OF 77qE Town of Newcastle REGIONAL MUMCZ94LITY OF DURHAM SCALE I mch=50 feet M D BROWN O L S 7979 PLAN IOR� -- HECENEo MD o�nEa !x�«Anr nxaaaH,o sacra�a lel£q T,c HECialRYAC] ftlo'rh 28 1979 M D Brown ---------- BEARING REFERENCE xR°ai°°s e*q�ndr�w-droimwrdxx.,.°mxx 0.w 'NSi N° ENLARGEMENT nOt Io scale F429776 F429776 o• 03 �� u I n *-OrMes M Bu-S/e":5�8 x29",bp T aides Yt"RSNlm6a 29°wp O `x'x"°�° C I^ $ +V of the Pl",g '� Dai1v^^"^ Lca 0g �. w � PART 7 PART 6 --------- e..� I m BIZ c � I � I ^j uj 1 CONCESSON W { I I= SIAs'VEYORS CERTIFICATE _90 & YV_ n ! vmr4 elmmerealmtlnmvtrxxx L2 4 �^ —I° xm meH.pxrryAar.I m°,ey ,,, � ay.'—., .S � z,M..�.�,�.�x.�°„m.�>,e�,dw�•m,,w>9 :ne GS iYn J Iq waz.n]s --� w C'., o� LOCATION MST'v 9]333 it�• ��� N2BZ]5 5eewopnc iu."x'w l�minm-1 N2a]]G Of SURVEY OF PARTS OF LOT 27,CONCESS101V 1, GEOGRAPHLC TOWNSHIP OF CLARKE, (F.Iner,m ff a VdlOge of Nepixm,,L, County of Dlvham) NOW WITHIN 77-E LIMITS OF 77qE Town of Newcastle REGIONAL MUMCZ94LITY OF DURHAM SCALE I mch=50 feet M D BROWN O L S 7979 PLAN IOR� -- HECENEo MD o�nEa !x�«Anr nxaaaH,o sacra�a lel£q T,c HECialRYAC] ftlo'rh 28 1979 M D Brown ---------- BEARING REFERENCE xR°ai°°s e*q�ndr�w-droimwrdxx.,.°mxx The rhwmxsperrydlh mM imtdb2], YArrl,vmNJYm Bx'1"s!"a "Arq ,Pe-4W�krn✓wJClv4.tlewn ° 'emwm HD9p,pwans diYVrys slux+lmmaCtr+ 30 �arrtNr 3bMmlMPV ixI'r99"xy *-OrMes M Bu-S/e":5�8 x29",bp T aides Yt"RSNlm6a 29°wp CAUTION:Thos plan Is rot o plan of subamson wdhm hhe `x'x"°�° M1 'RR1LL O BRO4NIV L/�417E +V of the Pl",g '� Dai1v^^"^ Lca 0g � w [bbr rwm n21 srwl BaxnvMlb ow—L IM7 "vuM BIZ 79042 0 10 Cl -GU4. �.G TF2 95 _____ vac r AT RK A �4� 0 r'- i t � ' w xaurw a"e roRexu.o_,zten-un. ( ,o�G.YL _ pLAUi Nu DGTQ."GONIPERS `kLbD P4ill4Ck SCAHEN _ - z^ t e - 3 f � e I h k El k i. .0-�� G " x l t ' T _ faf 4--. '-;1 _ 5610.kJLASi E BODGE ..V'l�fNS<PARTfitEi175 n" l srl ' } F„eaPt Finn+ t-�. n _� ' l't �. : f y s , 3 U7(! I p m \w. i ( k kll al Lj�_: nrfil k,tray a {� A 4 f � . ` ,_ s•. :�c1I, 1t � a),=_��� E«`xf•O c f C5fiTffL£E,.J.�O%QDh&7M £N75 { , ,` .ss'fevrtR Yl � t �E N1TAF'O ,W 8 -- „J-f�LCE Eu!!7 V SECT/rt =;r Ea tcG4irot15 �•, . � C/HNPc a � s r c "o, /l { x x s � .fv Y f `sh Y �4 " e a � s r c "o, /l { x x s � .fv