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HomeMy WebLinkAbout82-149 " ,At' 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 " " SCHEDULE X to By-l aw 82-ytf. i)...~) ./ , ..'.. 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 - 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 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. .... ~; ~ rJ-\tJ :/ '. - - ? - 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 e 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 4 sodded. ':" , , -., '\f,J-0 / '. " - 3 - 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 - N/^ - 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 , the registration of this agreement. ~ " .,~ '. . e e ( ~ - 4 - ~,J.0 /'" 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. "Ii 4.~ /" - 5 - 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. 1 7 . CONSTRlICTION COMMENCEMENT e 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. e 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE --------------f\1AYOR CLERK - ~ ( , .,. e e ~ LI ST OF SCHEOlJLES 4'~ y ^ Legal Description of Said Lands I', Mfiddvit of Owner'ship c Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D Works Cost Estimate JIW':--- . . , THIS IS SCHEI1ULE "A" to the Agreei11ent which has been authorized and "\7 /kJ /' " . .' .", 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[) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE ) ) ) ------------------------MAYOR- ) ) ) CLERK ) " .... 't.~.. e e ~ 4' 'd-0 \/' 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 ~ ... ...-:, . - . e e ~/i~ /' 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 ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE ) ) ) ------------------~MOR- ) ) ) CLERK ) .. ... """..:,", '.., '.. e ~e . . . ~ ,(}-0 /' ..' 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> ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF ) NFWCASTLE ) ) ) MAYOR ) ) ) CLERK ) ~ --" ~ . ~'\ DATED: 1982 BET WEE N: AUTOMOTIVE PLASTICS PAINT MFG. LIMITED - and - 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 j . ~~. . . e e '\ I t _,