HomeMy WebLinkAbout87-128
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-128
being a By-law to authorize the entering into of an Agreement with Preston
Transport Limited and the Corporation of the Town of Newcastle.
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 Corporation1s seal,
an Agreement between Preston Transport Limited and the said Corporation dated
the day of , 1987, in the form attached hereto as
Schedule "XII.
2. THAT Schedule "X" attached hereto forms part of this by-law.
HY-LAW read a first time this 22nd day of
BY-LAW read a second time this 22nd day of
BY-LAW read a third time and finally passed this
June 1987
June
June
22nd
1987
1987
day of
"
7-IM
T of
Pr
°Vince Document General ® i
^-fir Ontar(o Form 4—Land Registration Reform Act,1984
(1) Registry Land Titles ❑ (2) Page 1 of 14 pages
r (3) Property Block Property
; +--- Identifiers) Additional:
See
Schedule ❑
(4)Nature of Document
uL DEVELOPMENT AGREEMENT
6* ` (5)Consideration
z
O t* E�rSTc
w $GWWIMV Dollars$
D (6) Description
W
U
Part of Lot 14, Concession 1
0 formerly Town of Bowmanville
X now Town of Newcastle, Regional Municipality of Durham
as described on page 2 and previously described
New Property Identifiers in instrument no. N 30487
Additional:
See ❑
Schedule
Executions
(7)This (a) Redescription (b)Schedule for:
Additional: Document New Easement Additional
See ❑ Contains: Plan/Sketch ❑ Description 0 Parties ❑ Other
Schedule
(8)This Document provides as follows:
Continued on Schedule ❑
(9)This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s) Signature(s l% Date of Signature
/ Y M D
PRESTON TRANSPORT LIMITED
. .. . . . ... . . . . . . . . . . . . . .
P ee (Owner) jX4n5-
1z)"3
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.987 : 07. 0
"I �have� authority to bind the ! � ;
Corporation". . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;.
i
i
(11) oa Ad service 420 Baseline Road West, Bowmanville, Ontario L1C . 1A6
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s) Day to of Signature
THE CORPORATION OF THE TOWN OF NEWCASTLE
I
MUNICIPALITY
i
(13) Address
for Service 40 Temperance Street, Bowmanville, Ontario L1C 3A6
(14) Municipal Address of Property (15) Document Prepared by: } Fees and Tax
HAMILTON AND BELLEFONTAINE z Registration Fee
420 Baseline Road West
Barristers and Solicitors o
Bowmanville, Ontario W
43 Ontario Street co
LTC 1A6 P. 0. Box 357 W
BOWMANVILLE, Ontario L1C 3L1
LL
LL
O
� C
0 Total
I t
10174 (12/84)
Province
Of Schedule 1
v Ontario
Form 5—Land Registration Reform Act,1984
Page 2
Additional Property Identifier(s)and/or Other Information
DESCRIPTION CONTINUED:
Part of Lot 14, Concession 1 , former Town of Bowmanville, now Town of
Newcastle.
PREMISING that the easterly limit of said Lot 14 has a bearing of
North 17 degrees 52 minutes 55 seconds West and relating all bearings
herein thereto;
COMMENCING at an iron bar planted in the southerly limit of said Lot 14,
said iron bar distant westerly therein 650.24 feet from the south-easterly
angle thereof;
THENCE South 72 degrees 30 minutes 55 seconds West along the southerly
limit of said Lot 14 a distance of 664.42 feet to an iron bar marking
the south-westerly angle of said Lot 14;
THENCE North 17 degrees 25 minutes West along the westerly limit of said
Lot 14 a distance of 330 feet to an iron bar;
THENCE North 72 degrees 30 minutes 55 seconds East a distance of
658.93 feet to an iron bar;
THENCE South 18 degrees 22 minutes 10 seconds East a distance of 330.04
feet more or less to the POINT OF COMMENCEMENT.
W}
UJ
�Z
00
O�
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this Cf day of
1987
B E T W E E N:
PRESTON TRANSPORT 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 Preston Transport Limited as stated in
the affidavit attached to this agreement as Schedule "B";
AND WHEREAS the Owner proposes to construct an addition to the
existing industrial building 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;
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows:
I . Annexed hereto and marked as Schedule "C" 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", which shall require the approval of the Director of Planning
and the Director of Public Works prior to the issuance of building
permits.
L.R. : 3.6.87
- 2 -
2. The Owner agrees that no buildings or structures, other than
the building shown on Schedule "C" 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 "C", unless otherwise
approved 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 "C" and to maintain
any gravel parking areas in such a fashion so as to prevent the
raising of dust to the satisfaction of the Director of Public Works.
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 shown on Schedule "C",
hereto, 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 Town Standards and as shown on Schedule "C" hereto.
L.R.: 2.6.87
r
- 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". Furthermore, the
owner acknowledges that illumination will be provided at the driveway
entrance to said land.
8. FENCING AND LANDSCAPING
The Owner agrees to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover as shown on
Schedule "C", hereto, to provide adequate landscaping of the "said
lands" and protection to adjoining lands.
9. EASEMENTS
The Owner agrees to grant to the Town, Region, or any other
agency which normally places underground services within Municipal
road allowances, any temporary construction easements and any
permanent underground .service easement, up to a maximum width of
three (3) metres, that may be required to facilitate the future
reconstruction of Baseline Road.
The Town hereby agrees to completely re-instate, as soon as
reasonably practical following completion of construction, all lands
and/or facilities on such lands disturbed by such construction
activity.
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, at his expense, to 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, as amended, against any and all subsequent owners of the
"said lands".
L.R.: 22.6.87
- 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
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 "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. 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 faci-li ties.
(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
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.
L.R.: 3.6.87
- 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 ha 76f their pr�o-per
signing officers duly authorized in that beha
y=
SIGNED, SEALED AND DELIVERED
• PRESTON _.
President and General Manager
THE CORPORATION OF THE TOWN OF
NE WCA
L/ CLERK
L.R. : 3.6.87
LIST OF SCHEDULES
A - Legal Description of Said Lands
B - Affidavit of Ownership
C - Site Plan including:
Location of Buildings
Landscaping
Floodlighting
Grading and Drainage
D - Works Cost Estimate
L.R.: 3.6.87
7-1Z
THIS IS SCHEDULE "A" to,/the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
and passed the day of 3y, 2.983-:140
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and
premises situate and being in the Town of Newcastle, in the Regional
Municipality of Durham, more particularly described as:
See below
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 behal
-''
SIGNED, SEALED AND DELIVERED
President and General Manager
)
THE CORPORATION OF THE TOWN OF
NEWCASTL
:AYOkI
L.R. : 3.6.87 CLERK
Part of Lot 14, Concession 1 , former Town of Bowmanville, now Town of
Newcastle. As in N30487.
PREMISING that the easterly limit of said Lot 14 has a bearing of
North 17 degrees 52 minutes 55 seconds West and relating all bearings
herein thereto;
COMMENCING at an iron bar planted in the southerly limit of said Lot 14,
said iron bar distant westerly therein 650.24 feet from the south-easterly
angle thereof;
THENCE South 72 degrees 30 minutes 55 seconds West along the southerly
limit of said Lot 14 a distance of 664.42 feet to an iron bar marking
the south-westerly angle of said Lot 14;
THENCE North 17 degrees 25 minutes West along the westerly limit of said
Lot 14 a distance of 330 feet to an iron bar;
THENCE North 72 degrees 30 minutes 55 seconds East a distance of
658.93 feet to an iron bar;
THENCE South 18 degrees 22 minutes 10 seconds East a distance of 330.04
feet more or less to the POINT OF COMMENCEMENT.
THIS IS SCHEDULE "B" to th Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
and passed the 2Atir day of may, t983-.
AFFIDAVIT OF OWNERSHIP
I, MAURICE F. PRESTON, being the President and General
Manager of Preston Transport Limited have knowledge of the matters
and items herein referred to and do hereby confirm that Preston
Transport Limited is the Owner of the lands described in Schedule "A"
attached hereto.
MA RICE F. PRESTON
President and General Manager
7
THIS IS SCHEDULE "C" to e Agreement which has been authorized and
approved by By-law No. - of the Town of Newcastle, enacted
and passed the day of Jvnuary,
Site Plans to be approved and attached hereto prior to the issuance
of Building Permits.
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 )
j PRESTON—
President and General Manager
THE CORPORATION OF THE TOWN OF
NEWCAST
jflwl
�
• L.R.: 3.6.87 E
O a 0 a
G7 M1
O 3 2 O
W a)
0 3 W d �
m a a In N s
i
.\ a .,.
jtm
F
- - - - - - � z
iL
GC
Z ltltl
oss4 r
v
SS w
N01553�)N00 N Y
Ld
s2 tav � i b°Qb y y
Z L �._
S
/
Z
N,a O
cr
m
b6v. � S� �� •-Y, W� , ��Y � Stk, I - Z
w
w
IT
an
g
I y m e i
e
za p V Oki N 11 N V W
J
W
u �
a
Zj
0 s y Z
o w of
I �
Q t
I
g
R
i$n
If
LU
/ k �
a
�a x
�9 �
F7-12
THIS IS SCHEDULE "D" to t Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted
and passed the 2Atjt day of
WORKS COST ESTIMATE
I. Storm drainage system
connection to Martin Road $ 3000.00
2. Upgrade existing easterly
access to Town standards $ 850.00
3. Engineering and Contingencies (15%) $ 580.00
TOTAL $ 4430.00
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 behal .
SIGNED, SEALED AND DELIVERED
UKICE F. PRESTON
jPresident and General Manager
THE CORPORATION OF THE TOWN OF
NEWCASTLE
YOR
L.R.: 3.6.87