HomeMy WebLinkAbout82-149
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 149
being a By-law to authorize the entering into of an Agreement with
Automotive Plastics Paint Mfg. 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 Automotive Plastics Paint
Mfg. Limited and the said Corporation dated the day of
1982, in the form attached hereto as Schedule "X".
2. THAT Schedule II X" attached hereto forms part of thi s
by-law.
BY-LAW read a first time this 18th day of
BY-LAW read a second time this 18th day of
BY-LAW read a third time and finally passed this
October 1982
October 1982
October 1982
18th day of
I File N""----Gr!l.L5_LdJ.,S_;t_______1
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SCHEDULE X to By-l aw 82-ytf. i)...~)
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DEVELOPMENT AGREEMENT MADE (in quintuplicate) this
1982
day of
BET WEE N:
AUTOMOTIVE PLASTICS PAINT MFG. LIMITED,
hereinafter called the "OWNER" OF THE FIRST PART
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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 Automotive Plastics Paint Mfg. Limited
as stated in the affidavit attached to this agreement as Schedule
I1BII;
AND WHEREAS the Owner proposes to erect an industrial building and
office 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
4Il into this Agreement with the Town;
AND WHEREAS the Owner acknowledges that the said lands are not
presently serviced by a municipal sewer or water system and that each
building or structure to be erected or altered shall be serviced by a
private well and a private sanitary water disposal system as approved
and/or required by the Durham Regional Health Unit, until such time
as services are available. The Owner agrees that once piped services
are available, connections will be made in accordance with Regional
Policy and Standards.
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows:
1. Annexed hereto and marked as Schedul e "e" is a site pl an
showing 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.
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7.
Thf> Owner aqrc'(>s that no hlli1dinqs or structures, other than
ttlt' building(s) shown on Schedule "e" shall be erected on the "said
lands" and further, that in the construction of such building(s) the
Owner will comply with the elevations, exterior architectural design,
the location of the huildings on the lot and all other matters
relating to the building shown on Schedule "(" unless otherwise
approved by the Director of Planning and the Director of Public
Works.
3. PARKING ANn LOADING
The Owner agrees to provide and ~aintain off-street parking
and driveway access in accordance with Schedule "C" and to do so in
,lC(llrd,lncp with SIH'cifications to he approvp.d by the Director of
Puh1ic Works which shall include a surfacing of parking areas with
J stahle surface which is treated so as to prevent the raising of
e oust or loose particles. 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. GARBAGE AND WASTE
(a) The Owner agrees to provide and maintain enclosed garbage
and waste storage facilities as ~ay be required by the
Town for the storage of garbage and other waste materials
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from the hui ldinSls on the said lands, in accordance with
plans and specifications to be approved by the Oirector
of Public Works and the Fire Chief.
(b) The Owner further agrees to remove garbage and other
waste l'lateri a 1 s as often as may be requi red by the
nirector of Public Works and the Fire Chief.
S. SNOW REMOVAL
The Owner ilrjreeS to rpPlove all snow from access ramps,
Jriveways, parking areas, loading areas and walkways within twelve
hours of the cessati on of any fa 11 of snow.
n. GRADING AND DRAINAGE
The Owner agrees to undertake the grading of and provide for
at his cost the disposal of storlfl, surface and waste water from the
"said lands" and from any buildin~ls or structures thereon in
accordance with plans and specifications to he approved hy the
Di rec tor of Pub 1 i c \~ork s and annexed to th i s a~Jreel1J(~nt as a porti on
of Schedule "C". The proposed entr'ance is to he constructed in
accordance with Town Policy and ditches and boulevards on the road
allowance ITlUst he qraded to the Town I s spec ifi cat ions and thence he
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sodded.
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7. ILLUMINATION
The Owner agrees to provide illurlination of the "said lands"
and building in accordance with plans and specifications to be
11pprovrd by the ni r'pc tor of Puh li c Work s and to refra in frol:) crec t i ng
or using any form of illUl:lination 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. LANnSCAPING
The Owner agrees to pl ant and mai ntai n, 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
Dlanninu to provide adequate landscapinu of the "said lands" and
e protection to adjoinin~J lands.
q. S InEWALKS
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I (). APPIWV AL ll~ PLANS AND SPlC III CATIONS
The Owner agrees that the issuance of any building permit in
respect of the "said lands" shall be prohibited until all plans and
e spec i fi cat ions requi red pursuant to thi s Agreerlent 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 enforce
tile provisions of this Agreelllent 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
,wners of the "saict lands". The Owner further agrees to reimburse
the Town for all reasonable legal fees associated with undertaking
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the registration of this agreement.
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1? . APPROV AL OF COST EST ItlATES
The Owner agrees that, prior to the issuance of any buildinq
pemit for the buil di ng i dentifi ed on Schedule "c" hereto, the
('<;tirlatcd cost of construction and installation of the external works
requi red by thi s AgreePlent, herei nafter call ed the "Harks Cost
[sthlate" shall be approved by the Director of Public Works and
annexed to this Agreement on Schedule "0".
The said approved "1.lorks 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
(1) Prior to the issuance of any authorization to commence
work, the Owner shall provide the Town with a
"Performance Guarantee", in the fom of cash or an
irrevocable letter of credit issued by a chartered
Canadian Rank in an amount equal to the "Works Cost
Estimate". The "PerforPlance 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
specifi ed works and facil iti es.
(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 re~uired by the Town under this Agreement.
15. PERtHTS
The Town agrees that upon the Owners complying with the
provisions of this Agreement respecting approval of all plans and
specifications reCluired herein, building per'mits will be issued in
accordance with the p1 ans subject to paYI'1ent of the usual permit fees
and other fees as are payable under ~y-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-~5, as amended (Sign By-law), sign permits
will be issued in accordance with said By-law subject to payment of
the usual pennit fees currently in force.
In. LAPSE OF APPROVAL
In the event a buil di ng perl:lit 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 nunber 1 hereof shall
lapse upon the expiry of two years from the date of the execution of
thi s Agreef'lent.
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CONSTRlICTION COMMENCEMENT
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The Owner agrees to commence construction of any building or
buildings for which a permit f'lay be issued under Paragraph 15 hereof
as soon as is reasonahly practicable following the issuance of any
such permit.
18. INTERPRETATION NOT AFFECTEO BY HEAOINGS
The division of this Agreement into paragraphs and the
insl'rtion of headings are for convenience of reference only and shall
not in any way affect the i nterpretat i on of thi s Agreement.
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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.
S IGNFO, SEALEn ANn OELlVEREO
AllTOMOTIVE PLASTICS PAINT MFG.
LlMITEn
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
--------------f\1AYOR
CLERK
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LI ST OF SCHEOlJLES
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Legal Description of Said Lands
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Mfiddvit of Owner'ship
c
Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
D
Works Cost Estimate
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THIS IS SCHEI1ULE "A" to the Agreei11ent which has been authorized and
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dpprovt'd hy Hy-law No.
of UH' Town of Nf'wcastle, enacted
and passed the
day of
, 19R2.
LEGAL I1ESCRIPTION OF SAln LANnS
AI L ANn SI NGtJLAR that certai n parcel or tract of 1 and and premi ses,
situate, lying and being in the Town of Newcastle in the Regional
Municipality of l1urham (formerly the Geographic Township of
l1arlington) and being co~posed of Parts of Lot ~ in the Rroken Front
Concession in the said Town of Newcastle, now shown as Parts u..J"1r <
on a plan of survey deposited in the Registry Office for the Registry
~ nivision of Newcastle (No. 10) as Number lOR-
e
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
) AUTOMOTIVE PLASTICS PAINT r~F(;.
) LIMITE[)
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) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
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) ------------------------MAYOR-
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) CLERK
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THIS IS SCHEDULE "11" to the ^~reement v/hich has been authorized and
approved by ny-1 aw tlo.
and passed the
of the Town of ~ewcast1e, enacted
day of
AFFIDAVIT OF OWNERSHIP
(to be pr'ovided by Owner)
, 198
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TH I S IS SCHEnULE "(" to the Agreement whi ch has been authori zed and
dpprllV('O hy By-law No.
of tht' Town of Newcilstlf', Prlilr.tl.rj
and passed the
day of
, 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.
) AUTOMOTIVE PLASTICS PAINT MFG.
) Ll M I TEn
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) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
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) CLERK
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TH I S IS SCHEDULE "n" to the Agreement whi ch has been authori zed and
approved by By-law No.
of the Town of Newcastle, enacted and
passed the
day of
, 1 qR
WORKS COST ESTIMATE
Ct_o _hp (1_p_tflr!lIi_n!.c!J
(i) COST OF ENTRANCE CONSTRUCTION
(ii) COST OF ROULEVARn GRAnING ANn SOOnING
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in thdt behalf.
) AUTOMOTIVE PLASTICS PAINT MFG.
) LIMITEr>
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) THE CORPORATION OF THE TOWN OF
) NFWCASTLE
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) MAYOR
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) CLERK
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DATED:
1982
BET WEE N:
AUTOMOTIVE PLASTICS PAINT MFG. LIMITED
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THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning nepartnent
Municipal Offices
HAMPTON, Ontario, LOR 1JO
File: $- P - 1 -?2
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