HomeMy WebLinkAbout82-144
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.,
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 144
being a By-law to authorize the entering into of an Agreement with
Halminen Homes Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as foll ows:
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 Halminen Homes Limited and
the said Corporation dated the 15ft.. day of O~ , 1982, in the
form attached hereto as Schedule IIXII.
2. THAT Schedule IIXII attached hereto forms part of thi s
by-law.
BY-LAW read a fi rst time thi s 18th day of
BY-LAW read a second time this 18th day of
October
1982
1982
October
BY-LAW read a third time and finally passed this
18th
day of
October 1 982
'~oR("
- ~A1 ~;>,
D. W. OAKES, CLERK
I File N"----!!'-l?A~?.J.'..~~2_m._n_mn_1
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By-taw No.__..__~~__= J kJ'1../
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this I'r' day of
(JcT- 198!..
#
BET WEE N:
HALMINEN HOMES LIMITED.
hereinafter called the "OWNER" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
herei nafter 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 Ha1minen Homes 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 erect an industrial office and
storage building on the said lands; and has requested the Town to
approve the said development pursuant to the provisions of By-law
79-1 51 ;
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 Regional Municipality of Durham. for the
provi s i on of servi ces from the Cari strap Street frontage with the
approval of the Director of Public Works of the Town of Newcastle.
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
f 0 11 ows :
,
1. . Annexed hereto and marked as Schedule "e" is a site plan
showing the size, location, elevation and exterior architectural
design of the building which the Owner proposes to erect on the "said
lands". whi ch sha 11 be approved by the Di rector of Planni ng and the
Director of Public Works.
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2. The Owner agrees that no buildings or structures. other than
the building(s) shown on Schedule PC" 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 buildings on the lot and all other matters
relating to the building shown on Schedule PC" unless otherwise
approved in writing by the Director of Planning and the Director of
Public Works.
3. PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking
and driveway access in accordance with Schedule PC".
4. GARBAGE AND WASTE
5.
(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..
SNOW REMOVAL
The Owner agrees to remove all snow from access rampt.
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
"said lands" Ind from any buildings or structures thereon in
accordance with Schedule PC".
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7. ILLUMINATION
The Owner agrees to provi de ill umi nat i on of the "sa i d 1 ands II
and building in accordance with plans and specifications to be
approved, by the Director of Public Works 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 fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
Schedule "G" to provide adequate landscaping of the "said lands" and
protection to adjoining lands.
9. SIDEWALKS
- N/A -
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 E:nforce
the provisions of this Agreement against th~ 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". The Owner further agrees to reimburse
the Town for all reasonable legal fees associated with undertaking
the registration of this agreement.
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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 liD".
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 "0" hereto.
13. PERFORMANCE GUARANTEE REQUIRED
(l~ Prior to the issuance of any authorization to commence
work, the Owner shall provi de the Town with a
"Performance Guarantee", in the form of cash or an
irrevocable letter of credit issued by a chartered
Canadian Bank in an amount equal to the "Works Cost
Est imate!'. The "Performance Guarantee" may be used by
the Town as set out in clause 14 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.
14. 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.
15. PERMITS
~he Town agrees that upon the Owners complying with the
provis)ons of this Agreement respecting approval of all plans and
specifications 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.
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The Town further agrees that upon the Owners complying with
provisions of By-law 76-25, as amended (Sign By-law), sign permits
will be issued in accordance with said By-law subject to payment of
the usual permit fees currently in force.
"......
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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 execution 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.
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. .
~
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) THE CORPORATION OF THE TOWN OF
IZLE
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HALM~,NEN HOMES L~, I;ED , -.
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SIGNED. SEALED AND DELIVERED
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A
B
c
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
..
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THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. ''is ~, Iyt'~ of the Town of Newcastle, enacted
and passed the I"~ day of ~
, 198 L.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being in the Town of Newcastle, in the Regional
Municipality of Durham, being Part of Original Township Lot No.8, in
the Broken Front Concession of the former Town of Bowmanville, in the
County of Durham, more particularly described as Part 19, shown on
Reference Plan lOR-lSD, filed in the Land Registry Office for the
Registry Division of Newcastle (No. 10) on the 31st day of August
1977 .
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly ~uthorized
in that behalf.
,
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I THE CORPORATION OF THE TOWN OF
IZE
I l)~.
) CLERK
)
HALMINEN HOMES LIMITED ,
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Ffe-r<Pc~,
THIS IS SCHEDULE "B" to the Agreement which has been authorized and
approv.ed by By-law No. ~).-/<f'V of the Town of Newcastle, enacted
and passed the (Iii day of ~
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
, 1982-.
A F F I D A V I T
I, HANNU HALMINEN, of the Town of Newcastle, in
the Regional Municipality of Durham, MAKE OATH AND SAY AS FOLLOWS:
1.
I am the President of Ha1minen Homes Limited and
as such-have knowledge of the facts deposed to herein.
2.
Ha1minen Homes Limited is the registered owner
of the lands and property described in Schedule "A" to this
Agreement.
SWORN BEFORE ME at the City )
of oshawa, in the Regional )
Municipality of Durham, this )
15th day of October, 1982. )
/~~
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HANNU HALMINEN
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THIS IS SCHEDULE "C" to the Agreement which has been authori zed and
approved by By-l aw No. ~ 1. -( If)? of the Town of Newcast 1 e, enacted
and passed the (~tt.. day of ~ , 1982.....
Site Plan -I~~to.
IN WITNESS WHEREOF the parties have hereto affixed their .corporate
seals by the hands of their proper signing officers duly authorized
in that behal f.
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rALM::~OM~~~
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) NEWCASTLE
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) CLERK
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Halminen Homes
BOWMANVILLE
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THIS IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. ~Q.-IVr,? of the Town of Newcastle, enacted and
passed the I gtL. day of ~ , 198 '2-.
WORKS COST ESTIMATE
1. Paving of access - One Thousand Dollars
$1 ,000.00
2. Sodding and restoration of boulevard
- Five Hundred Dollars
$ 500.00
3. Roadway Damage Deposit - Five Hundred Dollars
TOTAL:
$ 500.00
$2,000.00
At such time as each of the above items is completed to the
Guarantee will be reduced accordingly.
satisfaction of the Public Works Department, the Performance
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
) HALMINEN HOMES LIMITED
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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~ DATE:
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October 15th, 1982
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THE
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HALMINEN HOME~ LI~t
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NEWCASTLE
DEVELOPMENT AGREEMENT
SIMS BRADY & McINERNEY
Barristers and Solicitors,
117 King Street,
Whitby, Ontario.
668-7704
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