HomeMy WebLinkAbout83-75
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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
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Acting Mayor
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Clerk
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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
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The address of the applicant for service is 17 Dean Street, Brampton,
Ontario. L6W lM7
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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).
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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.
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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.
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iJt1.~d!~
~e11 Claude Rice
Conmi s
L By-law NO...._6.>..::..l2---.1
"A II
ExHIBIT
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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.
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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
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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
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SCHEOULE IA1
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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.
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CONCc5S lON
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THE RtCE GROUP
· BRAMPT.O~
17 DEAN ST.. "AA3
416-451-v-
PROJECT TtTLE
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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
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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.)
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