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HomeMy WebLinkAbout83-75 .. .. THE CORPORATION OF THE TO\'lN OF NEWCASTLE BY-LAW 83-75 being a by-law to authorize the execution of an Agreement with Ridge Pine Park Inc. in respect of the establishment of a temporary sales office The Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: 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 Seal, an Agreement between Ridge Pine Park Inc. and the said Corporation, which is attached hereto as Schedule IIX". By-Law read a first time this Twenty-Fourth day of May 1983 By-Law read a second time this Twenty-Fourth day of May 1983 By-Law read a third time and finally passed this Twenty-Fourth n;w of ~J1rJV 1 gAl IbAU)~A~ Acting Mayor L.(~ Clerk I File NO.~9..,...?L.OL(L....1 ~ ~~lX~ . i. t: '~~.'" ~ 136' LAND TITLES ACT APPLICATION TO REGISTER NOTICE OF AN AGREEMENT (Section 74 of the Act) TO: The Land Registrar For the Land Titles Division of Newcastle (No. 10) RIDGE PINE PARK INC., has an interest in: 1. The land registered in the name of Ridge Pine Park Inc., as part of Parcel 32-2, Con.-l, Clarke, in the Registry for Section Con.-l, Clarke. And hereby applies under section 74 of the Land Titles Act for the entry of a Notice of an Agreement dated the 24 th day of May, 1983 made between THE CORPORATION OF THE TOWN OF, NEWCASTLE and RIDGE PINE PARK INC., in the register for the said parcel. Dated at Brampton, this 10th day of August, 1983, RIDGE PINE PARK INC., by its Sol i citor .- The address of the applicant for service is 17 Dean Street, Brampton, Ontario. L6W lM7 [BY-laW No._.l.?_::_Ls:.1 ~. .. , . SCHEDULE "A" Those parts of Lot 3 in the Broken Front Concession of the Town of Newcastle in the Regional Municipality of Durham formerly in the Township of Darlington in the County of Durham, now designated as Parts 1, 2, 3, 4 and 5 on Plan 10R-1513 in the Land Titles Division of Newcastle (No. 10). ~ B:rE(:.T. RCSDr:WG unto Ontario Hydro herein, its successors and assigns the right, privilege and easement, in perpetuity over Parts 2, 3 and 4 on Plan lOR-1513, for purposes set out in Transfer 1293. " -i LAND TITLES ACT AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENTRY OF NOTICE OF AN AGREEMENT (Section 74 of the Act) I, Maxwell Claude Rice, make oath and say as follows: I am the Secretary-Treasurer of the applicant named in the attached application for entry of a Notice of an Agreement under section 74 of the Land Titles Act. The particulars of Ridge Pine Park Inc's., interest in the land is as follows: Ridge Pine Park Inc., is the owner of the land and has entered into an Agreement with the Corporation of the Town of Newcastle, which is attached hereto as. Exhibit "A". Sworn before me a t the City of Brampton in the Regional Municipality of this J~~ day of August, 1983. ) ) ) Pee 1 ) ) ) ) ) ) . ) ) ) iJt1.~d!~ ~e11 Claude Rice Conmi s L By-law NO...._6.>..::..l2---.1 "A II ExHIBIT ; . " \. I I T>>IS AGREEMENT made this Twenty-Fourth Day of May, 1983 BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "liunicipality" OF THE FIRST PART , - and - RIDGE PINE PARK INC., a Company incorporated pursuant to the laws of the Province of Ontario hereinafter called the "Developer" OF THE SECOND PART WHEREAS the lands affected by this Agreement are described in Schedule "A~ attached hereto (hereinafter called the "lands"); AND WHEREAS the Developer warrants that it is the Owner of the lands; AND WHEREAS the Developer has entered into an Agreement dated the 2nd day of November, 1981, providing for the development of the lands described herein for purposes of a mobile home park (hereinafter called the "developemnt"); AND WHEREAS the Developer desires to set up a temporary sales office and four (4) model mobile homes for the purposes of "pre-selling" the aforementioned development, (hereinafter called the "works"); AND WHEREAS the Municipality is agreeable to granting permission to the Developer to establish'the said works under the terms and conditions contained herein: NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (receipt of which is hereto acknowledged by each party) the Parties hereto agree as follows: 1. The Developer is hereby granted permission by the Municipality to establish and set up, as the case may be, the works shown on Schedule "B" attached hereto, provided that all requirements of the Ontario Building Code Act and all other applicable regulations are complied with. 2. It is also agreed between the Parties hereto that the works are temporary and that the Developer is given permission to establish and set up the works as the case may be for a period not to exceed one year from the date of execution of this Agreement by the Municipality. Any extension of this time period will require the written consent of the. Mundcipality. The Developer further agrees that on the cessation of the one year period, as may be extended by the Municipality, that the said lands and any and all affected public property will be restored at his cost, to a condition satisfactory to the Municipality. [BY-laW NL~2..:.:?~-J . ~, ' ./ ", \ -2- ~, 3. In accordance with the establishment and the set up of the works, the Municipality hereby grants permission to the Developer to use part of its municipal road, namely the municipal road running easterly from Bennett Road to the northwest boundary of the lands, as shown in part on Schedule "B" attached hereto. 4. The Developer undertakes to construct the works including all that part of the aforementioned municipal road in accordance with Municipal standards. The Developer further agrees to maintain the works in good state of repair and to undertake all required maintenance of the municipal road from Bennett Road to the northwest boundary of the lands to the satisfaction of the Municipality. 5. The Municipality further consents to the Developer seeking permission from Ontario Hydro or any other authority as the case may be, to establish street lighting in accordance with municipal standards on the aforementioned municipal road. The Developer in obtaining the consent of the Municipality herein agrees that it will be responsible for as long as the said lights are in existence for all costs associated with the installation, operation and maintenance of the said lights. 6. The Developer further agrees to make an application for a road occupancy permit or any other permit as deemed necessary by the appropriate Municipal Official with respect to its use of the aforementioned municipal road as provided for in Paragraph 5 herein. For purposes of this paragraph, the appropriate Municipal Official is deemed to be the Director of Public Works of the Town of Newcastle. 7. The Developer further agrees to make an application or applications for sign permits for any and all proposed flags, banners or signs in accordance with the provisions of the municipal Sign By-Law. 8. The Developer also agrees to enter into any and all necessary Agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the lands and to provide copies of such agreements to the Municipality. 9. The Developer also agrees to repair any damage to municipal roads as a result of the construction of the works herein and the Developer further agrees to keep municipal roads free and clear from mud and debris during the course of construction, all to the satisfaction of the Municipality. lO~ The Developer further convenants and agrees to forever in~emnify the Municipality against all actions, causes of actions, sui~s, claims and demands whatsoever howsoever caused which arise by reason of the design, construction, installation and maintenance of any of the . . \ .., " / ", , . -3- '. works herein referred to or herein contemplated and in this respect the Developer shall provide appropriate insurance satisfactory to the Municipality prior to commencing any of the works herein. 11. The Developer agrees that the said land shall not be used for any purpose other than as set out in this Agreement without the prior written consent of the Municipality. 12. The Developer further agrees that the Municipality, its servants, agents or contractors shall have the right of entry to the lands for the purpose of fulfilling its duties under the terms of this Agreement or at law. 13. The Developer further agrees that any and all Governmental authorities (which without limiting the generality of the foregoing shall be deemed to include any Fire Department, Police Authority, Public Health Agency, Conservation Authority, Region of Durham, Ontario Hydro or Newcastle Hydro-Electric Commission official) shall have the right of entry to the lands for the purpose of fulfilling their'duties at law. 14. The Developer hereby consents to the registration of this Agreement by the Municipality and hereby recognizes that this Agreement does not in any way relieve any of the obligations set out in the Agreement between the Municipality and the Developer dated the 2nd day of November, 1981, providing for the development of a mobile home park. 15. The Developer also agrees to charge all of its interest in the lands with the obligations set out in this Agreement. l6.Wherever the Municipality or a Municipal Official described under this Agreement is required to take action pursuant to this Agreement, or required to make a decision or render an opinion or give confirmation or give authorization, permission or approval shall be made promptly and in all respects the Municipality, its officers, servants or agents shall act reasonably. 17. This Agreement shall ensure to the benefit of and be binding upon the Parties hereto, their successors or assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf on the date and year first above written. per: per: NEWCASTLE /Ja r I /\/ &- HI9YDI(. THE per: per: " . . . 'c .'- . "' ~ ~ SCHEOULE IA1 ~ Those parts of Lot 3, Broken Front Concession of the Town of Newcastle, in the Regional Municipality of Dt:rhalll, (formerly Township of Darlington, in the County of Durham), designated as Parts 1,2. 3,4 and 5 on a plan of survey deposited in the Land Registry Office for the Land Titles Division of Newcastle (No. 10) as Plan 10R-1513 and entered in the Register for Section 10 - B.F, Con. Newcastle (Darlington) as part of Parcell-I. Reserving unto Ontario Hydro, its successors Jnd assigns, the right, privilege and easement in perpetuity over Parts 2. 3 and Lj on the aforesaid referred to Plan IOR-1513 for the purposes and on the same terms and conditions as set out in a Transfer registered on the 24th day of March, 1983. at 2:08 olclock p."I. in the Land Registry Office for the Land Titles Division of Newcastle (No. 10) as instrument Number 1293. ~.~. : ~ '\oU,.... ~ "-.. .~"') :.......:tt.~......".: -' ..... -..... '., )>" ..... .... .. ~ - . " .~ . ,- -~. --. - ... - ~ - ~~ -- ---- ,_. ....~ ~ 0'\ :,.'\ , ~ '" ......"\.\. :: ,\.. /, 10 .~ NOQ..TH /f\ j I , 1- ~ - .-1 , " 0+0..0 :. -, \ '''l ~ _<t~ .' .~ ''1 ~- " '- \ \ \ \ \ \ t \ ~ --,\ :~~ . . \ '3' . :\,~ "<;) \ -~ 1 \ ~\ ' \ , - ~\ 6~ , \ .' .. ;.. ,ill- l' r l l " nD; ~T i ,A,t.. L , D2-CLeN \ , . " .-' ,". ;.. '" ...." , ; j } / r , f I i I .....- .... . ~ I I I I .... .. . '.. . ..... '" .. ~ . ,- '" ~ ,.. / O~c:. ~e '7 :-/ ,,- . .... ;. ,.... , .(' / ",. ~ ," ..- l" ;7 ( '/ ~7G) . . '.... .... .~.:; ---{',,-,j.,~ :. / · . rt c__ ",,_ _"... " ~ . ~-Qru I' \. "__ .~ ~~ .~~~ ~~y:",~ . \";~.~.... ~~ ~ ~.\ '''~' ~>,;: ....J'...-..,-.;~.. /' /' /' ~~/I" " ;", :;0 ..... -. .'...."..,"" ,..~;r ~y .., ,~II / .. .. ~ .. .- - '" . "'" '", .\ '. .. ~. ~ 1 Ill' --.I L,...U ! ..... "'N~ --"'fl, I ' ~"""" ~ :: ~.. , c....e __1'0.1 r ( ?, - -~ et}IfLc- Q S C M GENERAL ..tl .' ~ CONCc5S lON Jl THE RtCE GROUP · BRAMPT.O~ 17 DEAN ST.. "AA3 416-451-v- PROJECT TtTLE \/\1 i' L N\ 0 1 .a rO-;::'~L v~ ~L..,. N\QSllc H r-., 11 ~ L/lyl........ I PAB~ " N~ ~ "'T'" L~ 1 IcVv'CA~ 1 ~ DRAWING TITLE ~ L~~ t,../" 0 PO.:7t: l-' J ,,,,- !\N-^-'e..1Q ~_./! 1~, rAt :::c; ::::J L., 1".00 "-' ,.... - - \ (' :::. If J... _ I '-" l.- V: I , \ ~\ .-- ' ,"VI}, I i L~ l "-/ ~ l ~ . ~ ' ~,fI . I . .... t .. ,.. . ... . DATED the 24th day of May, 1983 BETWEEN: The Corporation of the Town of Newcastle - and - Ridge Pine Park Inc. TEMPORARY SALES OFFICE LAYOUT AGREEMENT ... -Ill , "'-I , .J q e j' H", r '\ ~ .~ ;.~, v fj m co .. e\- rr:. .::T (I") ~ g ..,,~ .::.x: .. ,~~,' \ C'i~{; ~ tJ~'f/\; PAID ~(, '.MID \ltJ~\S'fl'i On\CI TiO. ;,'. ( ~ .QD DATED: AUGUST 10, 1983. BET WEE N: The Corporation of the Town of Newcastle - and - Ridge Pine Park Inc. APPLICATION TO REGISTER NOTICE OF AN AGREEMENT THE LAND TITLES ACT SECTION 74 RIDGE PINE PARK INC. 17 Dean Street BRAMPTON, Ontario L6W lM7 - (A.O.) . ~