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.
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