HomeMy WebLinkAbout82-125
..
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 125
being a By-law to authorize the entering into of an Agreement with
Morris Funeral Chapel Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. 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's seal, an Agreement between Morris Funeral Chapel
Limited and the said Corporation dated the day of
1982, in the form attached hereto as Schedule "X".
2. THAT Schedul e "X II attached hereto forms part of thi s
by-l aw.
BY-LAW read a first time this 20th day of September 1982
BY-LAW read a second time this 20th day of September 1982
BY-LAW read a third time and finally passed this 20th
day of
September
1982
.~
D. W. OAKES, CLERK
L~e ~jIlO.5Lce~,{9nuu j
Y'
.~
SCHEDULE .IX" to By-law 82-125
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this
198
day of
BET.WEEN:
MORRIS FUNERAL CHAPEL 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, are described in
Schedule "A hereto and hereinafter referred to as the "said lands";
AND WHEREAS the Owner has represented to the Town that the said lands
are registered in the name of Morris Funeral Chapel Limited, who 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 expand parking facilities 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;
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 "e" is a site plan
showing the size, location and elevation of a parking lot expansion
.
which the Owner proposes to construct on the "said lands", and which
shall be approved by the Director of Public Works.
..<
e/7
1"/ .::-; r
I'/~P'lj u/C;;~
/..,/
n.Q~
- 2 -
2. The Owner agrees that no works shall be undertaken other than
those shown on Schedule "C", and further, that in the construction of
the subject parking lot extension, the Owner will comply with the
elevations, location and all other matters relating to the parking 10
shown on Schedule "C".
3. PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking
and driveway access in accordance wi th 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 bituminious asphalt. No parking of vehicles shall be
permitted on access or driveway areas which shall be signed and
maintained as fire access routes to the satisfaction of the Fire
Chief.
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" in accordance with plans and specifications to be
approved by the Oi rector of Pub 1 i c Works, and shown on Schedule "C".
6. SIDEWALKS
The Owner agrees to reconstruct or repair, to the Towo's
specification, a sidewalk along those portions of Queen Street and
Division Street which abut the "said lands" and which may require
reconstruction or repair as a result of the construction of the
subject parking lot extension on the "said lands".
7. ~PPROVAL OF PLANS AND SPECIFICATIONS
The Owner agrees that no constructed works shall be commenced
until all plans and specifications required pursuant to this
Agreement have been approved by the Director of Public Works.
I
...
~/
.//
/ I I. \}
d( /(.J
- 3 -
8. 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. 1980, as amended, against any and all subsequent
owners of the "said lands". The Owner further agrees to reimburse
the Town for all reasonable legal fees associated with undertaking
the registration of this agreement.
9. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to commencing construction of the
parking lot extension 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 Oi rector of Publ ic Works and
annexed to this Agreement on Schedule "0".
The sai d 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 "0" hereto.
10. PERFORMANCE GUARANTEE REQUIRED
(1) Prior to the issuance of any authorization to commence
work, the Owner shall provide the Town with a
"PerfonTIance Guarantee ", in the form of cash or an
irrevocable letter of credit issued by a charter~d
Canadian Bank in an amount equal to the "Works Cost
Estimate". The "Performance Guarantee" may be used by
the Town as set out in clause 11 in the event that the
Owner fails to satisfactorily meet the requirements of
this agreement in respect of the provisions of the
specified works and facilities.
(2) All submissions made under clause (1) above, shall be
approved by the Treasurer of the Town.
I
f' "
...--;" I) (f 1
...-<, 1,1 ...,I __ v}
"/ /v.
//~
T --
,
- 4 -
11. USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, by resolution
of Town Council, authorize the use of all or part of any Performance
Guarantee if the Owner fails to pay any costs payable by the Owner or
construct any works required by the Town under this Agreement.
12. 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.
IN WITNESS WHEREOF the parties have hereto affixed their hands
and seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) MORRIS FUNERAL CHAPEL LIMITED
)
)
)
)
)
)
) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
)
)
) MAYOR
)
)
) CLERK
!~
. /)(' 1
,/'/'V' d.,)../!
\/
;/'
"
A
B
C
D
, d ~~,)
LIST OF SCHEDULES
Legal Description of Said Lands
Affidavit of Ownership
Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
Works Cost Estimate
~.
I
I
>1
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No.
of the Town of Newcastle, enacted
and passed the
day of
, 198 .
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
) MORRIS FUNDERAL CHAPEL LIMITED
)
)
)
)
)
)
)
) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
)
)
) MAYOR
)
)
) CLERK
)
,
1Jd}-
y
~Q(~J
THIS IS SCHEDULE liB" to the Agreement which has been authorized and
app'roved by By-law No. of the Town of Newcastle, enacted
and passed the day of ,198 .
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
/'<" ;")
/ )1/,,"-,
~\~r (./\ '
THIS IS SCHEDULE "c" to the Agreement which has been authorized and
and passed the
day of
of the Town of Newcastle, enacted
,198 .
approved by By-law No.
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
)MORRIS FUNERAL CHAPEL LIMITED
)
)
)
)
)
)
)
) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
)
)
)
)
)
)
)
MAYOR
CLERK
. -
"'''J.. ~) Cl-~
\
/'
THIS IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No.
of the Town of Newcastle. enacted and
passed the
day of
WORKS COST ESTIMATE
(to be determined)
. 198 .
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
.
)MORRIS FUNERAL CHAPEL LIMITED
)
)
)
)
)
)
)
) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
)
)
) MAYOR
)
)
) tLEmr---
)
OAT ED:
1982
BET WEE N:
MORRIS FUNERAL CHAPEL LIMITED
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB lJO
Fil e: S-P-2-34