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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