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Home My WebLink About80-33 .' THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 80-33 Being a by-law to authorize the entering into an Agreement with The Royal Bank of Canada, The Courici1 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 s~al witbtheCorporation Seal an Agreement between The Royal Bank of Canada and the said Corporation dated the ,~u.--~ day of f( ~ 1980. whi-ch is attached hereto as Schedule "A". Read a first and second time this 24th day of March 1980. Read a third time and finally passed this 24th day of March 1980. Garnet Mayor B. Ri~kan~~~ Joseph Clerk . THE REGISTRY ACT DECLARATION UNDER SECTION 23 OF THE ACT I, Joseph Main McIlroy of the Town of Newcastle do solemnly declare that I am a party to Development Agreement which affects the lands as described in Schedule "A" attached. I make this solemn declaration conscientiously believing it to be true and bowing it is of the same force and effect as if made under oath. Declared before me at the :. . . . of this. . . . . . .... . . . .day of :: y. . . . 1980. f 1J A Cornnissioner, etc. r �E 0. Reg. 150/72, s.7, part. `c SCHFDL?LF' a �n ALL AND SIP:GUI:AP, that certain parcel or tract of land and premises situate, lying and k.eing in the To:;n of Nev:ca stle, in the Regional Municipality of Durham (formerly of the To,,:n of Boti,7manville, in the County of Durham) , in the Province of Ontari and being composed of Part of Lots 17 and 23, Block U on the south side of King Street as shov7n on a plan of the said Town OF Bo : nanville made r_y C . G . Hanninq, P .L. S . , said plan dated June 30th, 1869, and on a file in the Registry Office for the Registry Division of the West Riding of the County of Durham, descriheo as follows: COMMFNCING at the north-westerly angle of said Lot 17; THENCE easterly along the northerly limit of said Lot 17 a distance of 32 . 8 feet to the point of intersection with the easterly face of a brick wall; THENCE southerly parallel with the westerly limit of said Lot 17 and along the easterly face of the said brick wall. and its production southerly a distance of 116 feet to an iron bar; THENCE easterly parallel with the northerly limits of said Lots 17 and 23 a distance of 47 . 2 feet to an iron bar; THENCE southerly parallel with the westerly limit of said Lot 23 to a point in the southerly limit of said Lot 23 distant easterl; thereon 14 feet from the south-westerly angle thereof; THENCE westerly along the southerly limits of said Lots 23 and 17 a distance of 80 feet more or less to the south-westerly angle of said Lot 17 ; -Ti?FNCF northerly along the westerly limit of said Lot 17 to the POINT OF CO�F��F'1iCElIFNT . TOGETHFR VTTTu all the right, title and interest of the Grantor in those parts of Division and King Strees immediately adjacent to the said lands and upon which parts of streets the buildings situated on the lands herein convevea encroach , The lands herein conveyed are shown outlined in red on a Plan of Survey by N. D. Bro�.-n, O.L. S . , dated Nove:r�°r 29 , x_963 which is attached to registered Instrument No . N21723 . DEVELOPMENT AGREEMENT MADE (in triplicate) this day of llwmd��M - AND - { ROYAL BANK OF CANADA, hereinafter called the "Owner", OF THE FIRST PART THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Town", OF THE SECOND PART WHEREAS the lands affected by this agreement, which are outlined in heavy black line on a plan of survey prepared by R. Ray Scott (1973) Ltd. dated September 22, 1978 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 owned by it, as stated in the Certificate attached to this Agree- ment as Schedule "B"; AND WHEREAS the Owner proposes to erect a Bank 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; AND WHEREAS the Owner warrants that it has applied or will be applying to the Town of Newcastle Committee of Adjustment for a variance from the sideyard requirements of the Restricted Area (Zoning) By-law of the former Town of Bowmanville, and agrees not to apply for a building permit for any building shown on Schedule "C" unless such minor variance has been granted; 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 provision of services from the Division Street frontage. NOW THEREFORE in consideration of the mutual agreements and cov- enants hereinafter contained, the parties hereto agree as follows: 1. Annexed hereto and marked as Schedule "C" is, a site plan showing . the size, location, elevation and exterior architectural design of the building which the developer proposes to erect on the "said,lands", which is hereby app 1 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 buildings the Owner will comply with tine 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 bituminous 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. 5. GRADING AND DRAINAGE The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon in accordance with the 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 illumination 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. F"ENCI14C AND LANDSCAPING The OwnL r agrees to erect and maintain walls and plant and maintain 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 lands", and protection to adjoining lands. - 3 - 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 buildings 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. 9. SIDEWALKS ON KING AND DIVISION STREETS The Owner agrees to reconstruct, to the Town's specifications a sidewalk along those portions of King and Division Streets, which abuts the "said lands". 10. 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. 11. 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. 1579, as amended, against any and all subsequent owners of the "said lands". 12. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "C" hereto, the estimated cost of construction and installation of the 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 Estimate1° 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 f4tt; eiatered in ScI% ile "E" hereto. - 4 - 13. PERFORMANCE GUARANTEE REOUIRED (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 pro- visions 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 subparagraph (1) hereof, are hereinafter collectively refer- red to as a "Performance Guarantee". 14. 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. 15. BUILDING PERMIT The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifications re- quired 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 by-law currently in force in the Town and provided that all building plans comply with the Ontario Building Code and such other Municipal By-laws as may be relevant. 16. 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. - 5 - 17. CONSTRUCTION COMMENCEMENT The CY,m er agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 14 hereof as soon as is reasonably practicable following the issuance of any such permit. 18. 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. 19. This Agreement shall enure to the benefit of and shall be bind- ing upon the parties hereto and their respective successorys 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. f `,ROYAL BANK OF CANADA Per: Per THE CORPORATION OF THE' TOWN OF NEWCASTLE Per: r Mayor Per: , Clerk AFFIDAVIT OF SUBSCRIBING WITNESS I, Douglas H. Bible of the City of Toronto in the Regional Municipality of Metropolitan Toronto make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at Toronto by Robert G. Stobbart and Robert G. Taliney as attorneys for The Royal Bank of Canada. I verily believe that the persons whose signatures I witnessed were authorized to execute the instrument as attorneys -for The . Royal Bank of Canada. I know the said persons and they are , and at the time of the execution of the instrument they were a Manager, Real Estate Resources and Regional Manager Bank of Canada. respectively , of The Royal I am an employee of 'The Royal Bank of Canada and as such have personal knowledge of the matters deposed to herein. SWORN BEFORE ME at the City of Toronto in the Municipality of Metr9politan Toronto , t is day of ._ 19� 0 LIST OF SCHEDULES 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 E - Works Cost Estimate SCHEDULE "A" THIS IS SCHEDULE "A`° of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. SIGNED; -99ALED !) DELIVERED in the p'reg�ati&� af: ` °ROYAL BANK OF CANADA SCHEDULE 'B." THIS IS SCHEDULE "B." of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. I s 4�111AV) , a Solicitor of the �' fir`' X .�' � Supreme Court of Ontario, do hereby certify that the above named Subdivider is the sole owner in fee simple of all land described in Schedule 1°A" to the Development Agreement dated I further certify that there are no mortgages or other encum- brances upon the said land or any part thereof. I further certify that Royal Bank of Canada is the sole owner in fee simple of all land to be conveyed to the Corporation of the Town of Newcastle or over which easements or rights are to be conveyed to the Corporation pursuant to the said Development Agreement free from all encumbrances. SIGNED, SEALED AND DELIVERED in the presence of f 7-,/7-/'ROYAL BANK OF CANADA Per: Per: ik THE CORPORATION OF THE TOWN OF NEWCASTLE Per Mayor Per: Clerk SCHEDULE "C" THIS IS SCHEDULE "C" of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. SIGNED, SEALED AND DELIVERED in the presence of: °ROYAL BANK OF CANADA Per: l/ Per: THE CORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: F Clerk SCHEDULE "D" THIS IS SCHEDULE "D" of a Development Agreement between Royal Bank of Canada and the Corporation of the Town of Newcastle. (to be added at a later date) SIGNED, SEALED AND DELIVERED ) 7 ROYAL BANK OF CANADA in the presence of: ) Per: Per: THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Per: Clerk SCHEDULE "E" ESTIMATED COST OF EXTERNAL SERVICES 1. Construction of Sidewalk on Division Street $ 1,665.00 2. Construction of Storm Sewer on Division Street 14,500.00 TOTAL ESTIMATE $ 16,165.00 SIGNED, SEALED AND DELIVERED in the presence of: x ROYAL BANK OF CANADA Per Pez THE Per Mayor Per: f Clerk �ASTLE DATE: BETWEEN: if ROYAL BANK OF CANADA RU03 THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT THE CORPORATION OF THE TOWN OF NEWCASTLE 40 Temperance Street BOWMANVILLE, Ontario Oo v� •d ' > C'�y O -j CD I ID �a � �.,• � to p �+ 7 1.�.✓ C CD C CD CD �: C CD M �.. L z t..n CD . en °-o CD DATE: BETWEEN: if ROYAL BANK OF CANADA RU03 THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT THE CORPORATION OF THE TOWN OF NEWCASTLE 40 Temperance Street BOWMANVILLE, Ontario N, (I NI HIGH WAY 1° 2 101Nr7.G W 41 PLAN SHOWING PARTS OF LOTS 17 AND 23 BLOCK U, SOUTH OF KING STREET ....... a JOHN GRANT'S PLAN TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM OF Eh v W4 OF RUATLANVOJ TH F 0' MIAM I A:0 %w N�Tg W w - Ir z e. L"O Ti4P'�� 17 L 0 T 23 0 L 0 D c K u uR .1, 1.IT 111 7 Itp 1111111171 T— 1— cq 0 0A ate L 0 7 L 0 T C 9 R. RAY COT 1 1973 LTD �7— l� spa 4t- `�I`i I