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
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.
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
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