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HomeMy WebLinkAbout82-142 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 142 being a By-law to authorize the entering into of an Amending Agreement with Port Darlington Hotel 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 Amending Agreement between Port Darlington Hotel Limited, and the said Corporation dated the day of , 1982, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 18th BY-LAW read a second time this 18th day of day of October October 1982 1982 BY-LAW read a third time and finally passed this 18th day of October 1982 ~~-/ ~ B. RITRO. myow t ~Ufl,rf1if-,= D. W. OAKES, CLERK r tl'4 ". ~Oc,,-~g.~o4.,,."...,..! ~_.._.._-.__._- e e e e ~J <j;) AMENDING DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 1982 BET WEE N: PORT DARLINGTON MARINA HOTEL 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 Owner warrants that it is the registered owner of those lands described in Schedule "A" attached hereto and hereinafter referred to as the "said lands"; AND WHEREAS the Town has passed By-law 81-69 and the Owner and the Town have executed a Development Agreement which was duly registered in the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 103893; AND WHEREAS-the Town has passed By-law 82-40, and the Owner and the Town have executed an Amending Development Agreement which was duly executed and registered in the Land Registry Office for the Land Registry Division of Newcastle (NO. 10) as Instrument Number 106765; AND WHEREAS the parties hereto agree to further amend said Development Agreement; NOW THEREFORE, in consideration of the mutual agreements and covenants and provisoes contained herein, the parties hereto agree as f 011 ows : 1. Section 2 to the Development Agreement registered as Instrument No. 103893 between the parties hereto, is hereby amended by adding the following to the end of said Section: "unless otherwise approved by the Director of Planning and the Director of Public Works.", so that Section 2 reads as follows: "2. The Owner agrees that no buildings and no structures other than the buildings shown on Schedule "C" shall be erected on the said lands and to remove, at his expense, all existing buildings and - structures unless shown and approved on Schedule "C", and further, that in the construction of such buildings shown on Schedule "C", the Owner will comply with the elevations, exterior architect~ral design, the location of the building on the lot, and all other matters related to the buildings shown on Schedule "C" unless otherwi~e approved by the Director of Planning and the Director of Public Works." IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ~ PORT DARLINGTON MARINA HOTEL LIMITED ) ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE ~ ) MAYOR ) ) ) CLERK . e e e e '\J ,~l~) :/ THIS IS SCHEDULE "A" to the Amending Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of , 1982. LEGAL DESCRIPTION OF SAID LANDS ALL AND SIHGULAl that certain parcel or tract of lcd, dtuate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham. more particularly described 88 follows: Flasny Firstly, part of Lot 10, Broken Front Concession, in the former Town of Bowmanville, (Geographic Township of Darlington, former County of Durham) more particula~ly designated as Part One on Plan 10R846. SECONDLY Secondly, all of Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Block E. Smart Estate Plan (being part of Township Lot Nine (9), Broken Front Concession, in the former Town of Bowmanville), THIRDLY thIrdly, part of Lot 9, Broken Front Concession, in the former Town of Bowmanville (Geographic Township of Darlington, former County of Durham) more particularly designated as Part One on Plan 10R853, FOURTHLY Fourthly, part of Lot 9, Broken Front Concesl, in the former Town of Bowmanville (C~08raphic Town.hip of Darlington, former County of Durhaa) more particularly deeianated .. 'art One on Plan 1011321. IN WITNESS WHEREOF the parties have hereto affixed thei~ corporate seals by the hands of their proper signing officers duly authorized in that behalf. ) PORT DARLINGTON MARINA HOTEL ~ LIMITED ) ) ~' ) ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE ) ) MAYOR ) ) ) CLERK ) ) c;;::;;- ~ \, '\f:-\ DATED: 1982 . BET WEE N: PORT DARLINGTON MARINA HOTEL LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE AMENDING DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB lJO . , * { ... ee ee . ~