HomeMy WebLinkAbout81-100
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-lAW 81-100
being a by-law to authorize the entering
into an Agreement with the Roman Catholic
Episcopal Corporation of the Diocese of
Peterborough
The Council of 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 the Roman
Catholic Episcopal Corporation of the Diocese of Peterborough
and the sai d Corporati on dated the Fi fth day of August
A.D. 1981 which is attached hereto as Schedule "X".
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By-law read a first time this Fifth day of August 1981
By-law read a second timefuis Fifth day of August 1981
By-law read a third and final time this Fifth day of August 1981
Garnet B.
Mayor
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Rickard~ ~~
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David W.
Clerk
Oakes p. ca~
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DEVELOPMENT AGREEMENT MADE (in quintuplicate) thisJl/.(
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day Of~.J-
A.D. 198 L
BET WEE N
ROMAN CATHOLIC EPISCOPAL CORPORATION,
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 affect by this agreement, are described in Schedule
"A" hereto and hereinafter referred to as the "said lands";
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AND WHEREAS the Owner has represented to the Town that the said lands
are registered in the name of the Roman Catholic Episcopal Corporation
which
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 redevelop the site for the purposes
of a church and school
and has requested the Town to approve the said
tit
development pursuant to the provisions of By-law 79-151;
AND WHEREAS the Town has resolved to approve the said development pur-
suant 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 Corporation o~ the Region of Durham, for the pro-
vision of services from the King Street (Highway 2) frontage
.. with the approval of the Director of Public Works
of the Town of Newcas.tle;
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 revised
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in fed .h~wlrla the .i.. And location. of the existing and proposed
bu11din~which the Owner proposes to erect on the "said lands", which is
hereby approved by the Town.
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2.
The Owner agrees that no buildings or structures, other than
the building shown on Schedule "c" shall be erected on the "said lands"
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and further, that in the construction of such building the Owner will
comply with the elevations, exterior architectural design, the location
of the building on the lot and all other matters relat~ng to the building
shown on Schedule "C".
J.
PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking and
driveway access in accordance with Schedule "c" and to do so in accordance
with specifications to be approved by, 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 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, drive-
ways, parking areas, loading areas and walkways within twelve hours of
the cessation of any fall of snow.
6.
GRADING AND DRAINAGE
The Owner agrf!!es to undertake the.grading of and provide for
at his cost the disposal of storm, su~face 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
Wdfks.
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7.
FLOODLIGHTING
The Owner agrees to provide floodlighting 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".
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
Schedule "c" to' proT.f.de adequate landscaping of the "said lands" and
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protection to adjo~ng lands.
9. WALKWAYS
The Owner agrees to provide pedestrian access to the buildings
I in accordance wi th Schedule "C".
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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"
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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".
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12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
perini!: for the bUilding identified on Schedule "c" hereto, the estimated
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cost of construction and installation of the external works required by
this Agreement, hereinafter called the I'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 commen~e
work>> the Owner shall provide the Town with a "Performance
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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 of Newcastle as set out
in clause 19 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 0 f Newcas tIe.
e 14:. USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Municipality may at any time. by
resolution of Municipal Council. authorize the use of all or part of any
Performance Guarantee if -the Owner fails to pay any costs payable by the
Owner to the Municipality under this Agreement by the due date of the invoice
of such costs.
15. BUILDING PERMIT
The Town agrees that upon the Owner complying with the provisions
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of this Agreement respecting approval of all plans and specifications re-
quired herein, building permits will be issued in accordance with the plans
sclbject td (laymeri t: of the usual pe rmi t fees and other fees as are payable
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UHclef b)t;;;..18_ cUffi!ot:1y in force in the Town and provided that all building
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plans comply with the Ontario Building Code and such other Municipal By-laws
as ritay be relevant.
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16. LAPSE OF APPROVAL
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60.
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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 Townls 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 registration 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
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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 corporate
behalf.
seals by the hands of their proper signing officers duly authorized in that
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ROMAN CATHOLIC EPISCOPAL CORPQRAT1QN
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
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~.~~YOR
Per:
CLERK
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LIST OF SCHEDULES
A
Legal Descr:i,ption of said lands
B
Affidavit of Ownership
C
Site Plan including:
Location of buildings
Landscaping and fencing
Floodli gh ting
Grading and drainage
D
Works Cost Estimate
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nus SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized
and approved by' By-law No.81-leo of the Town of Newcastle, enacted and
passed the f'#. day of ~j. , 1981.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land, ~1tuate, lying
and being in the Town of Newcastle, in the Regional Municipality of Durham,
FIRSTLY:
more particularly described as follows,:
Firstly, part of Lot 27, Concession 2 in the former Village of Newcastle
(geographic Township of Clarke) now in the Town of Newcastle, in the Region
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of Durham more particularly designated as Parts I and 2 on Plan 10R-994.
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IN WITNESS WHEREOF the parties have hereto affixed their
corporate seals by the hands of their proper signing officers duly
authorized in that behalf.
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ROMAN CATHOLIC EPISCOPAL CORPORATION
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TIlE CORPORAT7.0 O~F THE TOWN OF NEWCASTLE
per:~~~
Per, J/l-Y. ~~~YOR
CLERK
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-Mariorie Edith Best, a Commissioner, etc.,
Judicial District of Durham, for The
Corporation of the Town of Newcastle.
Expires July 6, 1982.nl~,.q g.8d
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ME~TRIC: MEASUREMENTS SHOWN ON THIS PLAN
ARE IN METRES AND CAN BE CONVERTED TO
FEET BY DIVIDING BY 0.304 8 .
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SITE PLAN
OF PROPOSED CHURCH AND EDUCATIONAL
FACILITY ON PARTOF LOT 27, CONCESSION 2,
FORMER VILLAGE OF NEWCASTLE
NOW WITHIN THE LIMITS CFTHE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE.' I " 500
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NOTES:
-1- Monumentation found.
SIB Standard Iron Bar.
551S S~lort Standard Iron Bar
HP Hydro Po!e.
BS Bottom Brick
8M Bench Mark
SP Sign Post
SSP Steel Sigr) Post
cSP Corrugated Steel Pipe
5W Side Wark
BP Bell Pole
Eleyations derived from Geodetic Survey of Canada Datum, Bench Mark Net 250- S,
elevation 99.292 I (Community Hall, South wall I /52 East of entrance) Village of Newcastle.
Access 70 SF: /<C(,OI1J~Tl<tlCrb/"..> tAl 1lC.c.o~LJ/lAJce WIT/!
TowN OF N6WCI1s.Tt.e AND 1i1.?:~. oesl(;,,v c,~/re,teIA
AND f;;7F/ruI:)ARDS
MERRILL D. BROWN LIMITED
LAND SURVEYINGANDENGINEERING
121 QUEEN STREET
BOWMAN VI LlE1 ONTARIO.
PHONE: 416'6~3' 7251 LIe. IM7
Dote:
July 9, 1981.
Scale:
I.' 500
Drawn by:
File:
81166-SP
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THIS SCHEDULE IS SCHEDULE "c" to the Agreement which has been autho;r;i:.zed and
app1;'oved by' By-law No.il-/(J(Jof the Town 0;1; Newcastle, enacted and passed the
stt.. day of Ac.,.J, 1981.
IN WITNESS WHEREOF the parties haVe hereto affixed their corPorate
seals by the" hands of' their proper" aigning officers duly authorized" in that beha.1f.
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R.OMAN CATHOLIC EPISCOJ:'AL COlU'ORATION'
Pe/~....<::~." ..
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MAYOR.
fe~:f)h.;~ fkA
CLERK .
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nus SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized
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and approved by By-law No.lI-/oo of the Town of Newcastle. enacted and
passed the Stt... day of ~-r. 198 .
WORKS COST ESTIMATE
(to be determined)
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IN WITNESS WHEREOF the parties have hereto affixed their
authorized in that behalf.
corporate seals by the hands of their proper signing officers duly
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ROMAN CATHOLIC EPISCOPAL CORPORATION
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TIlE COIll'ORA~OF TIlE TCOIN OF NEWCASTLE
· per:~~~
~HAYOR
CLERK
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CATHqf~PIS~QP~RPORATION
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- AND -
THE CORPORATION OF THE TOWN OF NEWCASTLE
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DEVELOPMENT AGREEMENT
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