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HomeMy WebLinkAbout80-53 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 80-53 Being a by-law to authorize the entering into an Agreement with the Canadian Imperial Bank of Commerce 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 the Canadian Imperial Bank of Commerce and the said Corporation dated the . day of 1980. which is attached hereto as Schedule "A". By-Law read a first and second time this 5th day of May 1980 By-Law read a third and final time this 5th day of May 1980 /) Garnet B. Rickard~"&d~~ "" i Mayor Joseph M. Clerk , ----------:7 ~,.-//./ . 5-3 DEVELOPMENT AGREEMENT MADE (in triplicate) this 24th day of April ~ A.D. 1980. BETWEEN: CANADIAN IMPERIAL BANK OF COMMERCE and NATIONAL TRUST COMPANY, LIMITED hereinafter called the "Owner" OF THE FIRST PART - AND - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Town" OF THE SECOND PART WHEREAS the lands affected by this agreement, which are described in Schedule "A" attached hereto, and hereinafter called the "said lands"; AND WHEREAS the Owner has represented to the Town that the said lands are registered in the name of National Trust Company, Limited although the Canadian Imperial Bank of Commerce is the beneficial owner of the said lands as stated in the affidavit attached to this agreement 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 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 entered, or will enter into an Agreement with the Corporation of the Region of Durham, for the provision of services from the Temperance Street frontage, or from the King Street frontage with the approval of the Director of Public Works of the Town of Newcastle; AND WHEREAS the Owner warrants that it has applied 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" until such minor variance becomes final and binding. - 2 - 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 show- ing the size, location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands", which is hereby approved by the Town. 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 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. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste 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. 5. 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. 6. 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 3 - "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 a portion of Schedule "C". 7. 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". 8. FENCING AND LANDSCAPING -- The Owner agrees to erect and maintain walls and plant and maintain, 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. Such landscaping shall include, but is not limited to, the planting of trees and ground cover along the Temperance Street frontage, and shall include the planting of trees, shrubs or other suitable land- scaping material within the off-street parking area shown on Schedule "C" to this agreement said planting is to be approved by the Director of Public Works and the Director of Planning. 9. SIDEWALKS ON KING AND TEMPERANCE STREETS The Owner agrees to reconstruct or repair, to the Town's specifi- cations a sidewalk along those portions of King and Temperance Streets which abut the "said lands" and which may require reconstruction or repair as a result of the construction of the building and structures to be erected on 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. 4 - 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. 1979, 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 "D" 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 "D". 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 "D" hereto. 13. 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 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 referred to as a "Performance Guarantee". - 5 - 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 pro- visions of this Agreement respecting approval of all plans and specifi- cations 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 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. The Owner further agrees to repair all damage to the existing wall abutting the easterly boundary of the "said lands" and to restore said wall to a condition satisfactory to the Chief Building Official of the Town of Newcastle. 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. 17. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 15 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. - 6 - 19. 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. rj CANADIAN IMPER A, ANK OF COMMERCE tor � By Per: t— sue; # .G C. SMSwr GENERAL: MAN z I ar Per: P,ppFOVE^u NATIONAL COMPANY, LIMITED Fops EXECUTION Per: w �.... ... F -- Per: _ yLCE-PRESIQET1T AND SECRETARY THE CORPORATION-OF THE TOWN OF NEWCASTLE Per: � � Per: Clerk LIST OF SCHEDULES A - Legal Survey of said lands B - Affidavit of Ownership C - Site Plan including: location of buildings landscaping and fencing floodlighting grading and drainage D - Works Cost Estimate This is Schedule "A" of a Development Agreement between Canadian Imperial Bank of Commerce and National Trust Company, Limited 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 Municipality of Durham, Province of Ontario, and being composed of that portion of Town Lots Thirty-Seven (37) and Thirty-Eight (38) Block P, according to John Grant's Plan of the former Town of Bowmanville, forming part of original Township Lot Twelve (12) in the First Concession of the Geographic Township of Darlington, former County of Durham, now within the limits of the said Town of Newcastle, more particularly designated as Parts Two (2) , Three (3) , and Four (4) according to Plan 1OR 983 deposited in the Land Registry Office for the Registry Division of Newcastle on June 28 1979. TOGETHER WITH right-of-way over that portion of said Town Lots 37 and 38, Block P, more particularly designated as Part Seven (7) according to said Plan 1OR 983. SCHEDULE "B" to DEVELOPMENT AGREEMENT dated the 24th day of April, 1980. BETWEEN: CANADIAN IMPERIAL BANK OF COMMERCE and NATIONAL TRUST COMPANY, LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE I, JOHN B. THOMPSON, of the City of North York, in the Municipality of Metropolitan Toronto, Assistant General Manager of Canadian Imperial Bank of Commerce, make oath and say that: 1. National Trust Company, Limited is the registered owner on title in fee simple of the lands described in Schedule "A" to the Agreement herein referred to and that the Canadian Imperial Bank of Commerce is the beneficial owner of such lands. 2. There are no mortgages or other encumbrances upon the said land or any part thereof. This affidavit is given by me to The Corporation of the Town of Newcastle for the purpose of having the said Corporation act in reliance on it in entering into the Development Agreement. SWORN BEFORE ME at the City of Toronto in the r Municipality of ti Metropolitan Toronto this t ° day of 19 �. ALLAN; E. II°IJntl' iv :� Con,nsssic.;er, e.c.. Jud7c.a !`)i s r cL of ,CANADIAN Ai P RI I. BANK OF CC1�le1 ITS SUBSIDIARY C0,34 A IES. D- J,gjo RVG S Off l"10 . 98847 Land Registry Division of Newcastle(NO.10) I CERTIFY that this instrument is registered as of A. C2 00 MAY 23 00 In tho Land Registry Off ic8 Town of Newcastle �W�REGISTRAR Ontario. I REQUIRE THIS PLAN TORE DEPOSITED PLAN IOR 9 63 UNDER THE REGISTRYAC7 RECEIVEDAND DEPOSITED # JUNE 28. 1979 ?y Nf 2.9 979 DATE DATE SIGNATURE � L4 RE018TRAR HE REGI8TRY iN'j1 N' N3i IGO M DIM N NAK 0 BROWN PRINT CF NEWCA97 (N410) PLAN OF SURVEY "M°°• 7LIA kv _ �Nn1 OF PARTS OF LOTS 37AND 38,BLOCK P,ACCORDING �e P4 M f aa�l .__.,`._ �PoC L. ",mm, M � TO JOHN GRANTS PLAN OF THE FORMER TOWN L$� fL RIGHT OF WAY OF BDWMANVILLE,(Being port of Township Lot l2, N66°32'zo"w w•;»`l Concession))NOW WITHIN THE LIMITS OF THE a,,— I TOWN OF NEWCASTLE I au;RET[ CLOCK I REGIONAL MUNICIPALITY OF DURHAM g SCALE I Inch = 20 feet PART I € M D BROWN O L S 1979 I 0' ;,N"iT N' 940rr `p�� (LE.9SL") �B� I L�I GInLDING �� ge, SURVEYOR'S CERTIFICATE LC�T J 1 I HEREBYCERTIFYTHAT = IL I ,ate t BONN MCEaeNaAt WnLL pe•IM.TWMaeel 0.wIA 6,l IThe survey o.d pan an aorcwN mtlinaccardona wlM Nr SUryeyi4ciarN CF N70°3'W l e,ei bm, 1MRpl.fryAelaM ft 1pulPh[mnwye M.nuMer t ' 2 The wrmy was oomplaNA mite 1411 EayoT J,m,1979 i' STY 2RICrc 9UILDING O M PART 2 June 14,1979 M D BROWN torlo Land SUrwyor ---�5UL BRIrJ'I yaew Insi No 1-A;75 __ �r .i ,.y I FY�RT- aon,.Re r . n z �.cDN�r_ BrICK � �N67°51'30"W � $ z1 De' 96i CAUTION THIS PLAN IS NOTA PLAN OF SUBDIVISION fa—A TIW—) � `s-n1 �� � ItNe°orwNk?n r.1 k,kr N4 cem.w. + filx� g „ ° WITHIN THE MEANING OF THE PLANNING r -a. n. ART 5 i `F ACT I, u I aoNnro e a pp .r ao B �oe�eJN 1 , 1� -, 67°51'30"W 21 7'Mnrren•ela.e.e� $ eWM PART Q m — ° 28 76 aMlu wa, '° : FiiRT N 1I° ' "E 6 BEARING REFERENCE 1p ' N�a r &ann9a NaMn hen°nan°krrmarnle,tlMVSafrom lM NMherly Lmnof t2�j eed_ NEI°9$D"E I,is ,71 1 411' � 0111-Of-Way In fuvrxir fl ��'7 N�I'301r nOf lnSf NE Ini 75 Kinp 9Mast,shorn as N87°51'30"W On Pkn10Rlll 57r N !.l RT 7 a,ti'.,RL�- aLCr_rc 1--) 8 "sgwm UL_l/".JI� F IJ # Denoted lrm Ba 4e•Iong pA w o' I�6i ,N_ IN28901 Ram + Da lv.BAB"eg°°n Iran 8a 24"Imp 4 D i �g SPA g �_5 �} cc DMa.eDatDror "` INST NE N83552 _ ENLARGEMENT � z sTY BRrC:c �� �. a 170nohspto.na B NOT TO SCALE �� BUILDING a Oenpin fountl 3l d a, r '_ _J Mel 151 M 6B wM�"erwe Po — MnW (wer°4t Ater xWIN pet Ng3fi62Bmeve ea wall f306'iM�M M¢1901) cc SCHEDULE MERRILLD SROWNLIMIT LAND SURVEYING AND EMGINIERN9 D KWG STREET PART LOCATION AREA(aq/t) INST N= 121 QUEEN MEET =31H AN PfKMYE 416 8�3 7251 L1C IM? I 3rfi88 W175�S425fi Lots 37aM 38,BIceN P 2 3,916 !4115 mt. J°n.N,1978 3 1Cf 37,Bleak P 136 N43128 4 La138,Blmk P 5,002 N43662 • 1. �, S La1k37a.a38,9bakP 136 14175 6 Lot 37,Sleek P BE N4312H 7 L°f.3Tpny 38,BINk P I6 NE8901r 14175 res,by JOL e]JQg% ,J� nr - , ,-—11�- 7 , -e -p�, �'-r , 'A 4C 9 7 41 TCWIJ F V ca ."t�4�s 4 %TOWN OF NEK.4STLE REdONAL MUNicip4try 9�DuRHAm R 4,jw�� METRIC MEASUREMENTS'SHOWN ON THS PLAN ARE IN METRES AND MAY BE CONVERTED TO FEET BY DIVIDING BY KEN" mm,3 E�F, 0.,W48 D—EWAY FIPOCK'S BP `C- �K 1- K, J" SQ. 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