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HomeMy WebLinkAbout82-182 .. "\ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 182 being a By-law to authorize the entering into of an Agreement with St. George Street Developments Ltd. 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 St. George Street Developments Ltd. and the said Corporation dated the 1l/l1..day of ~(~1982, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of thi s by-law. BY-LAW read a first time this 20th BY-LAW read a second time this 20th day of December day of December 1982 1982 BY-LAW read a third time and finally passed this December 1982 20th day of 1 file No.LL9- ..~:L.,~..r~,.~ . . ~z: DEVELOPMENT AGREEMENT MADE (in quintuplicate) this14th day of December 1982 . ~i BET WEE N: ~ ST. GEORGE ST~ DEVELoPMENTS LTD. hereinafter called the "OWNER" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, herei nafter call ed 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 a re reg i ste red ; n the name of St. Geo rge St~ ~~;;:n;"~ L td. , 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 ambulance dispatching centre 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; . AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, for the provision of services from the St. George 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 follows: 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size, location, elevation and exterior architectural desi gn of the buil di ng whi ch the Owner proposes to erect on the "sai d lands", which shall be approved by the Director of Planning and the Director of Public Works. I By-law NO.m__~.?c.::..Lt.;!,-1 ;; .~ , . . . - 2 - 2. The Owner agrees that no buildings or structures, other than the building shown on Schedule "C" shall ~e 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 "C", unless otherwise approved by the Director of Planning and the Director of Public Works. 3. PARKING AND LOAnING The Owner agrees to provide and maintain off-street parking and dri veway access in accordance with Schedul e "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. GARBAGE AND WASTE (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. 5. 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. 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" and from any buildings or structures thereon in accordance with plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C". - 3 - 7. ILLUMINATION The Owner agrees to provide illumination of the "said lands" 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". The Owner further agrees to provide illumination of the intersection of Queen Street and St. George Street in accordance with plans and specifications to be approved by the Director of Public Works in order to provide adequate illumination of the proposed access and the subject intersect ion. 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 with plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adequate landscaping of the "said lands" and protection to adjoining lands. The Owner further agrees that those areas shown as remai ni ng "as is" on the attached Scedul e "C" hereto wi 11 be mai ntai ned and kept free of any debris, rubble, noxious weeds or other materials which would prevent the inclusion of this area as part of the site landscaping. 9. SIDEWALKS . - NOT APPLICABLE - 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 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. 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. . .' . - 4 - 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 requi red by thi s Agreement, herei nafter call ed the "Works Cost Estimate" shall be approved by the Director of Public Works and annexed to this Agreement on Schedule "D". 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 "D" hereto. 13. . 14. 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 form of cash or an irrevocable letter of credit issued by a chartered 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 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. 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 . The Town agrees that upon the Owners complying with the provisions 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 and further provided that the Regional Municipality of Durham has approved the necessary connections to the municipal water and sanitary sewage systems and where any agreement is required in respect of storm water run-off, that a copy of said agreement has been deposited with the MuniCipality. - 5 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. 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. ~ SIGNED, SEALED AND DELIVERED ) DEVELOPM NTS LTD. ~per: S ) Pr~ 1 )Pe ). S cretary ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE ) )~. ) ) ) ) cis . . LIST OF SCHEDULES A Legal Description of Said Lands B Affidavit of Ownership C Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D Works Cost Estimate .... ... THIS IS SCHEDULE "A" to the Agreement which has been authori zed and approved by By-law No. and passed the ~ (J 7X. f".../t;.. of the Town of Newcastle, enacted day of ~ , 198L. LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, Regional Municipality of Durham, Province of Ontario, and being composed of all that portion of Town Lots Thirty-one (31) and Thirty-two (32), Block C, together with part of\ Queen Street Southerly adjacent thereto, (now closed) all according to C. G. Hanning's Plan of part of Lot Ten (10) in the First Concession of the Former Town of Bowmanville, more particularly designated as Part Two (2) according to Plan 10 R 1310 and Parts Two (2) and Three (3) according to Plan lOR 1247. . . IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that beha 1f . ~/ ) ST. T~ DEVELOPMENTS LTD ) >1; ( ~~ tey: <e. -_I' lpeY~~~ ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE l~4~~ l Lf~~' ) ~ .." >' - THIS IS SCHEIULE "B" to the Agreement which has been authorized and approved by By-law No. i~'II1; of the Town of Newcastle, enacted and passed the ~"# day of ~, 19/1< AFFIDAVIT OF OWNERSHIP (to be provided by Owner) PROVINDE OF ONTARIO ) ) JUDICIAL DISTRICT OF) DURHAM ) ) IN THE MATTER OF A DEVELOPMENT AGREEMENT MADE THE 14th DAY OF ~ER, 1982 BETWEEN ST. GEORGE ST EVELOPMENTS LTD. and THE CORPORATION OF THR J~W~ OF NEWCASTLE ~ I, JOHN E. HENDRY, of the Town of Newcastle, in the Regional Municipality of Durham, MAKE OATH AND SAY AS FOLLOWS: 4~ 1. I am the President of ST. GEORGE ST~ DEVELOPMENTS LTD. and as such have knowled~~ the matters hereinafter deposed to. . 2. St. George St~ Devei~p~ents Ltd. is the owner in fee simple free and clear of any encumbrances of the property more particularly described in Schedule "A" to the said Agreement. 3. I make this Affidavit in support of the said Development Agreement and not for any legal or improper purpose. . Whitby, in the Regional SWORN before me at the Town of ) ) ) ) ) ) ) ) ) ) ) of Durham, this i; Municipality J!/Ifiay of , , --~----- ~--- ._--~_______.._.___~_ .______~_ __...-..-~ ____._.____. _.__ ..J....____ .______...__,.... METRIC OlSTANCES.AND ELEVATIONS SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 PLAN SITE OF PROPOSED AMBULANCE DISPATCH OFFICE LOCATED WITHIN PARTS OF TOWN LOTS 31 AND 32. BLOCK 'e" AND PART OF QUEEN STREET(NOW CLOSED)) ALL ACCORDING TO C. G. HANNING'S PLAN OF PART OF LOT 10. CONCESSION ,) IN THE FORMER TOWN OF 80WMANVI LlE J NOW IN THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM 16.090 -- ,- " II llJ l ~ \', ,~,:i\ I Cf)'!' '\ I li,:\.;. \') .~: \... :...~. ';~ \ ~ . .~ . ,.,.. l1J' d : - .Q"... . "~',~ . .:' t,' :.~ "..'~ " I . . . ... 'I ' , t f.... \ '" .~' . 0 $AtY. ,4,(/H :... \i,. 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I t L_ _ I ~'10 .>- .,::..J:/ p''' ~e; P" ,;:1'..> OJ~ ~ ,A ~. <} 01) tJ' 'J~ ~ 5~. 967 --- 16 \ , 'i.r / _ l,." J ,.. \ \j ,.10 I '1 i- t.... I", I VA1CANT LA NOS 10 W NED ME~OR/A L I HOSPITA L BY BOWMA N VIL L E ~, ".. \ \J. r, \ \.1 ~ \/ \./ ,-- rUT CRO" 10 ~. ~ 3 .1.~ 'f.} ~ o f'... z \ 6~ ~. . 1 32 .1 " / ~. , I] C '=' r, I I '" ,_ w ,J t. I.; , T . ';; i .. --"'r---r -"- ....... - . r ~ _ ~ .~..- .~ ~ DiREGfOR-~7~ ~~IG WORXS- Jl2~~,2.- :1.:1___ Oat:} " t l SITE SUMMARY AREA OF SUBJECT. LANDS = '738.8 m2 8UILDING COVERAGE (PHASE I):r "3. em:: 6.64 <'/0 APPLICANT OR. J. E. HENDRY>> 262 KI NG ST. E J aOWMANV'LLE J ONT · 4'6. 623.. e044 ~-; - - ;~~..."" ,.--.... rl'-l.> G L0 f'~ rL~. .~ I j - ~ _\ -- - ~ I I ,I L ::l! 8 k:J PhpJP- ~t J ./"' 14 ~. I <-U_J --' -- -7 . ---_.~._.--_.- .._---,-----_._-~...-,- .--------------.-.--- .---. ._---_.------- ----~._.-_._.._~- .--.~._..~~-._--------~-_._-------- --------- ---- .- -~ \ I L I , -tl- . I E=:-><p~ C:)~ CA.QGxt~~~~~G1 t -- '.,'a:-- ".. ..- -- .-.-.-.... ~~~~~I .- ~- I I .J, SOUTH ELEVATION --- 7 --- I ....J c.J.u I fj --.,'. !I lL')jC-J x I Cj -0 (? i .............. ()C:Jr;/ . . ,-",,",~,,'r \ .., r'" '.. C.,-, '--_>:->o;"J (FC~~ c~_~-,) t=1 L...J P LtZ h~Lr:-. YJ~':I~~l ..b-Lutvl outt6Z-. L r=:- >c:f' (J,/,(~? I . , [~~', J tr--~~:;~L) 7 NORTH ELEVATION ~-~._-_._._'----' ----~_. , ._----_. ~--, .- ..-~- .-- . - ~Q ~I ! I I l, . ---_. .., =9 ~ ~2 L I /,( t !, .i h ~ f-:- . / (l... ..: i-0 r ~ P?l/~ '-./~r '~;2.t~L ~:)C) ~ 101 .,..iL). Id' I~ I~W~ F')l:..~ 61 I <....J. '.Iv':;; rz E-><; O~bO I I 7' (-"1- . I"' ~. i .~I. ( . C. """j-' ' >;;-? ....{ >.. L.. _ (,bU~ !t8:tLJ~L) \- .. I I 11 I I __~=---it- EAST ELEVAT IO.N h~Lt-:- Yl M:; I~O~ I . I , C!>"-~;; !,...- ":"' vt=:c...Jt ~.2-t' 'vVCX-)O ~ I 0 ! ,...J.('~.I G I p~lL-1CJ I 1 ,..6. L,u M v~ t;. \.. ~v.." ~"'i~~ ~/ M .:] U :-/() J '-.l6 . o I I ~ I I !t WEST ELEVATION I - L/Y 11__1 ~O' II r-:; ~ LJ-:- / a..- REVISIONS .\ , . abbott drafting & design ,DIVISION OF RAY ABBOTT LTD. OSHAWA 725-1001 721-1711 PROPOSED BUILDING FOR: DR. J. E. HENDRY BOWMANVILLE t ONTARIO. l: Lt:- "'.of' 0 ~ DRAWN o~ CHECKED DATE W,ov. .b~. 1/~AlE , .. 76-' &)-0 F lJ.E -4~q, DRAWING ~. .. , , . . . THIS IS SCHEDULE "C" to the Agreement which has been authori zed and approved by By-law No. 1~'li~ of the Town of Newcastle, enacted and passed the ;leg it.. day of ~ ' 198 y; AS PER ATTACHED 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. ) ST o,G RGE T 'k){ t:f%:E.L ;.M:NTS.L TD )' '-C . )Per: --- .~4..-' ) PI{ ident'~ ) /J ~ )per;.L~~?';; ~ ) Secretary ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE l~~~ ) . M DR ~ ~~.vw, ~ ) CLERK ) . . " . THI S IS SCHEDULE "D" to the Agreement whi ch has been authori zed and approved by By-law NO,(~"lgv' of the Town of Newcastle, enacted and passed the .:20(1;" day of ):k<...,.... /-J , 198)..... WORKS COST ESTIMATE (to be determined) Contingency for Street Lighting, Entrance grading and paving, Boulevard restoration, Damage deposit etc. ------------- $3500.00 . . IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that beha If . ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF ~ NE.W W~C~~2!-S> E )~~ ) ) ) ) CLERK ) ~': ".:. fY' 0 ~DMsian~ .tW:adfe."'-1OJ I CDm .. tIis ......... IS ~,.w .01 .M. I f E8 Z 10 414 AM '83 It..: ~ =:.. 0te;Q '11636Li '1"; <: . DATED: DECEMBER 14th, 1982 6M~ BETWEEN: ..... ~Il. (If) ~ ~.-V ~. '" 'r:\..,'ly ~~~ ~ ~ ~~'\. ~~ ~~ "'" ./9~~ y/ ST. GEORGE ST~ DEVELOPMENTS LTD. AND: THE CORPORATION OF THE TOWN OF NEWCASTLE '\ G....IY\ (.> c=. RA t-J c:..E ST. '-B~"h ...) IY\ A,..J l' I LL ~ DEVELOPMENT AGREEMENT SIMS, BRADY & McINERNEY Barristers and Solicitors 117 King Street WHITBY, Ontario LlN 4Zl .