HomeMy WebLinkAbout80-150
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THE CORPORATION OF THE TOWN OF NEWCASTLE
By-Law 80-150
being a by-law to authorize the entering into
an Agreement with Dirk Kok
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 an Agreement between
Dirk Kok and the said Corporation, dated the
day of A.D. 1980, which is attached
hereto as Schedule !JAil.
By-Law read a first and second time this Third day of November 1980
By-Law read a third and final time this Third day of November 1980
Garnet B.
Mayor
Rickard ~ ~.~
Joseph M.
Clerk
J ~
L->-r--c /
McIlr~' / _____'
,~/ ~
THIS AGREEMENT, made this day of
B E T W E E N :
DIRK KOK,
- A N D -
hereinafter called the "Owner"
A.D. 1980.
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF NEWCASTLE
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 Agreement
as Schedule "B";
AND WHEREAS the Owner acknowledges that the lands will not be serviced
by a municipal sewer system and each building or structure to be erected
or altered shall be serviced by a private sewage disposal system as
approved and/or required by the Durham Region Health Unit;
AND WHEREAS the Owner proposes to construct a building for industrial
purposes on the "said lands"; 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 enter 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 which
is hereby approved by the Town, showing the size, location, elevation
and exterior architectural design of the proposed building and the
location of all other facilities required by this Agreement.
2. The Owner agrees that no building or structure, other than
that shown on Schedule "C" shall be erected on the "said lands" and
further, that in the construction of the 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".
- 2 -
3. PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking
and loading areas in accordance with Schedule "C" hereto and to do so
in accordance with specifications to be approved by the Director of
Public Works, which shall include a surfacing of parking areas with
concrete or bituminous asphalt.
4. SNOW REMOVAL
The Owner agrees to remove all snow from access ramps, drive-
ways, parking areas, loading areas and walkways within twelve hours
of the cessation of any fall of snow.
5. GRADING AND DRAINAGE
The Owner 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 Schedule
"C" hereto, to the satisfaction of the Director of Public Works.
6. FLOODLIGHTING
The Owner agrees to refrain from erecting or using any form of
illumination on the "said lands" which in the opinion of the Town would
cause any traffic hazard or would cause a disturbance in 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 Directors of Planning
and Public Works, to provide adequate landscaping of the "said lands" and
protection of adjoining lands.
8. GARBAGE AND WASTE
(a) The Owner agrees. to provide and maintain enclosed storage
facilities as may be required by the Town for the storage
of garbage and other waste materials from the building on the
"said lands", in accordance with plans and specifications to
be approved by the Director of Public Works and the Fire Chief.
(b) The Owner further agrees to remove garbage and other waste
materials as often as may be required by the Director of
Public Works and the Fire Chief.
- 3 -
9. 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 all plans and
specifications required pursuant to this Agreement have been approved
by the Town.
10. 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 "said lands".
11. APPROVAL OF COST ESTIMATES
The Owner agrees that the estimated cost of the internal and ex-
ternal 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 as 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 indicated and whether or not it is,
in fact, entered in Schedule "E" hereto.
12. PERFORMANCE GUARANTEE REQUIRED
(1) Prior to the issuance of any building permit for the build-
ings or structures shown on Schedule "C" to this Agreement,
the Owner shall provide the Town with a "Performance Guarantee",
in the form of cash or an irrevocable letter of credit issued
by a chartered Canadian Bank in an amount equal to the "Works
Cost Estimate". The "Performance Guarantee" may be used by
the Town of Newcastle as set out in clause 13 in the event
that the Owner fails to satisfactorily meet the requirements
of this agreement in respect of the provision of the specified
works and facilities.
(2) All submissions made under clause (1) above, shall be approved
by the Treasurer of the Town of Newcastle.
- 4 -
13. 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 Municipality under this Agreement by the due date
of the invoice of such costs.
14. INTERPRETATION NOT AFFECT 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.
15. 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 hereunto affixed their hands
and seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED & DELIVERED
in the presence of:
DIRK KOK
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
G. B. RICKARD 9 or Ma y
Per: 7 _.......
. M. MCILROY, Clerk
A
B
C
LIST OF SCHEDULES
- Legal Descriptions
Affidavit of Ownership
Site Plan including:
D - Landscaping
E - Works Cost Estimate
location of buildings
lot grading and drainage
SCHEDULE "A"
This is Schedule "A" to a Development Agreement between
DIRK KOK and THE CORPORATION OF THE TOWN OF NEWCASTLE.
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, Regional Munici-
pality of Durham, Province of Ontario, and being composed of all
of that portion of Lot Thirty (30) in the First Concession of the
Geographic Township of Darlington, more particularly designated as
Part Eighteen (18) according to Plan 1OR933, deposited in the Land
Titles Office for the Land Titles Division of Newcastle (No. 10)
on the lst day of March, 1979.
OF SURSCRIItiNG WITNESS
of the
in the pj
of �U uJrla v
MAKE t A1If AND SAY:
l am a subscribing witness to the attached instrument and I was present and saw it executed at
by A- i � -
verily believe that each person whose signature I witnessed is the party of the sane name referred to in the
instrument.
SWORN before me
at the E�cti of % ul ✓r/
in the of
and Province of Ontario
--)is 7 day of
f
('onimissioncr, ctc.
101322
No. I
DATED:
Registry Division o4 Newcastle 10
i CERTItY that this y�uumt �scysr
the
DIRK KOK
tam Registry,
Olke at
Bowmanv1110t. t and t €� t tr r
Ontario, — and —
i
THE CORPORATION OF THE TOWN OF
NEWCASTLE
A G R E E M E N T
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i Ik CORPORATION OF TFIE TOWN OF NEWCAS RE
40 TEMPERMIGE STREET
BOWMIANVILLL,ONTA O 1,103M)
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