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HomeMy WebLinkAbout81-113 . THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81-113 being a By-law to authorize the execution of a Site Plan Agreement with William Reid and Robert Reid 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 . a Site Plan Agreement between William and Robert Reid and the said Corporation dated the day 0 f , A.D. 1981, which is attached hereto as Schedule "X". BY-LAW READ a first and second time this 2l~t day of Sept. ,A.D. 1981. BY-LAW READ a third time and finally passed this 21st day of September A.D. 1981. . -~~-~ MAYOR (seal) JJ~-{).A CLERK rvo ~reevY\~ ~^ rJ I,^ hIe 1 File No.u,hQ"..5LD.'3.'1..um I £;f DEVELOPMENT AGREEMENT MADE (in quintuplicate) this �_ =>' -, day of j A.D. 1981. B E T W E E N WILLIAM REID and ROBERT REID, hereinafter called the "Owners" OF THE FIRST PART - A N D - 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 Owners have represented to the Town that the said lands are registered in the name of Her Majesty the Queen in the Right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario, although the beneficial owners of the said lands are William Reid and Robert Reid pursuant to an Agree- ment of Purchase and Sale with Her Majesty the Queen in the Right of the Province of Ontario represented by the Minister of Transportation and Com- munications for the Province of Ontario. Upon completion of the conveyance of the said lands an Affidavit of Ownership shall be annexed to this Agree- ment as Schedule "B". AND WHEREAS the Owners propose to erect a retail store on the said lands; and have 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 Owners enter into this Agreement with the Town; AND WHEREAS the Owners acknowledge that the lands will not be serviced by a muiaicipa.I sewer of water system and that the buildings and/or structures to bt ereeted of altered shall be serviced by a private well and private sntaj waste disposal system as approved and/or required by the Durham Regional Health Unit. 2 - 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 show- ing the size, location, elevation and exterior architectural design of the building which the Owners propose to erect on the "said lands", which is hereby approved by the Town. 2. The Owners agree 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 Owners will comply with the elevations, exterior architectural design, the location of the building on the lot and all other matters relating to the building shown on Schedule "C". 3. PARKING AND LOADING The Owners agree to provide and maintain off-street parking and driveway access in accordance with Schedule "C" and to provide said access in accordance with Town of Newcastle standards and design criteria. 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 Owners agree 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 Owners further agree to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. S: O.VAL Tfe3ahes agree to remove all snow from access ramps, drive- 3 •z tTM< a .4,oAai.M8 Azcan and walkways within twelve hours of the cessation of any fall of snow. 3 - 6. GRADING AND DRAINAGE The Owners agree to undertake the grading of and provide for at their cost the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon in accord- ance with Schedule "C". The Owners further agree to be responsible for the sodding and regrading of the roadside ditch and boulevard abutting the easterly boundary of the subject property as may be required as a result of the development of the said lands. 7. FLOODLIGHTING The Owners agree 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 Owners agree to erect and maintain fences and plant and main- tain, trees, shrubs or other suitable ground cover in accordance with Schedule "C" to provide adequate landscaping of the "said lands" and protection to adjoining lands. 9. INGRESS AND EGRESS The Owners agree to provide access to the said lands in accord- ance with Schedule "C". The Owners further agree to make application to the Town of Newcastle for said access pursuant to the Town's Entranceway Policy and to design and construct such access in accordance with the Town's Design Criteria and Standard Drawings for a commercial access. 10. APPROVAL. OF PLANS AND SPECIFICATIONS The Owners agree that the issuance of any building permit in respect of the P4said lands" shall be prohibited until all plans and speci- fi6atibns required pursuant to this Agreement have been approved by the 11: s aF The Owners agree that the Town may register this Agreement against the title to the "said lands" and that the Town may enforce - 4 - the provisions of this Agreement against the Owners of the "said lands" 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". 12. APPROVAL OF COST ESTIMATES The Owners agree 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 Owners 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 of Newcastle as set out in clause 19 in the event that the Owners fail to satis- factorily 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 of Newcastle. 14. USE OI Y—ORKANCE GUARANTEE The (hers agree that the Municipality may at any time, by resolut on cf Municipal Council, authorize the use of all or part of any Perf®rmaiiee Gtarafatee if the Ow ets fail to pay any costs payable by the Owners to the Mutiioipol-ity under this Agreement by the due date of the ��a of, s ueh costs. - 5 - 15. BUILDING PERMIT The Town agrees that upon the Owners complying with the pro- visions of this Agreement respecting approval of all plans and specifi- cations 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 pro- vided that all building plans comply with the Ontario Building Code and such other Municipal By-laws as may be relevant. 16. LAPSE OF APPROVAL In the event a building permit has not bee issued to the Owners 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 draw- ings 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 Owners agree 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 hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ) n the presence df• ) WILLIAM REID ROBERT REID THE CORPORATION OF THE TOWN OF NEWCASTLE `r OR Per: r CLERK I LIST OF SCHEDULES A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of buildings Landscaping and fencing Floodlighting Grading and drainage D - Works Cost Estimate THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No Vf,1 of the Town of Newcastle, enacted and passed the,,U�__�day ofd 1981. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being Part of Lot 25, Concession 7, former Township of Clarke, former County of Durham, now within the limits of the Town of Newcastle, in the Regional Municipality of Durham and designated as Part 3 according to a Reference Plan deposited at the Land Registry Office for the Registry Division of Newcastle (No. 10) as Plan 1OR-1289. 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 & DELIVERED ) the presence of• ) .'Z / .� WILLI ID t ROBERT REID THE CORPO ION OF THE TOWN OF NEWCASTLE Per:, . Per: ' ) CLERK THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the .'- day of_''" l / 198. , AFFIDAVIT OF OWNERSHIP (to be provided by Owner) SCHEDULE "B" AFFIDAVIT OF OWNERSHIP WE , WILLIAM JOHN REID and ROBERT PERRIN REID , both of the Town of Newcastle , in the Regional Municipality of Durham make oath and say: 1 . We are the beneficial owners of part of Lot 25 , Conc . 7 of the Geographic Township of Clarke , designated as Part 3 on a Ministry of Transportation and Communications Plan of Survey P-2390-60 being a Reference Plan deposited in the Land Registry Office for the Registry Division of Newcastle (No . 10) as Plan 1OR-1289 , as partnership property in fee simple , by instrument number 105003 dated September 24 , 1981 and registered October 8th, 1981 . The said lands are the lands shown on the Plan of Survey attached hereto as Schedule A . SEVERALLY SWORN before me ) at the City of Oshawa in ) Wi11iam.'�Ioh eid the Regional Municipality ) /l i of Durham this day > �� / - Rob'ert NPerri'n Reid of October, 1981.. ) i THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. V/�3 of the Town of Newcastle, enacted and passed the ? '°> day of 1981 IN WITNESS WHEREOF the parties have hereto affixed their ''Aav,c l 4orporate seals b the hands of their proper signing officers y g g i duly authorized in that behalf. _4) William Reid Robert Reid THE CORPORATION OF THE TOWN OF NEWCASTLE y . `a ° MAYOR CLERK <--7- hgr - ll-rllljla pATA PLAU OF F� RVr-,✓ TOWK) OF N)EV/-,-LSTLr- m KIRBY GENERAL STORE KJPZI�Y --rJIUCTURFIS LTD THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. `I-11S of the Town of Newcastle, enacted and passed the day of, - 1981. WORKS COST ESTIMATE (to be determined) i 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 & DELIVERED ) the presence WILLIAM REID r 1 ) f ROBERT REID RA THE CORPOTI N OF ) � - THE TOWN OF NEWCASTLE ) Per: `° ) MAYOR Per fry A CLERK 1(}urham Co l­tee.i6Q earthy of".F85.ogFq Form No. 114 AFFIDAVIT OF SUBSCRIBING \VITNESS I. CATHARINE ANN COX, SECRETARY of the City of Oshawa in the Regional Municipality of Durham make oath and sav: I am a subscribing witness to the attached instrument and I was present and sate it executed r 'See r.ntnote at Oshawa, Ontario by William Reid and Robert Reid •set r�.H not. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. S\VORN before me at the City of Oshawa in the Regional . — � Municipality of Durham this lst Clay of September , 81 19 cam/ r _-. _ • <O✓u�..�Or[. rU. ..nr4C crllp.vrt. [T< •Nrhere a party rr ur,o hle to trod the rn+truuunt pr where t port t-•ns 'n/ter the inttrument had hern r<ad Jo him and he aPPeored y t' mak.n� Ms nark o. in Jer a rl.a.nrrr.r odd iruert •'(n tm o/ urtunu•y) o• attorney for /ully to uncle ord it•' lL'hery e:cruh•d wdr• a ti4nnhr.e ! witneurd u a. authorised to r,",to the irut Yrnent.d/ntrr.n rt rler.re ruAetituta"/ ueri7 !rr(re<.e that��,cr °1 attorney ry 1 (Mme Y person whote •idwt<e in.ert r+��prute Conn l Y. trim tt"lon•l ""i"p•lity.etc. AFFIDAVIT OF SURSCRIRINC: \VITNESS Ir. of the in the make oath and sav: I am a subscribing witness to the attnc•hed iristnlmerlt :Ind I was present and sate' it executed at •s.•r rn.,tnote by •Fre ArHnott I verily believe that each person whose si�nah,rc I witnessed is the party of the same name referred to in the instrument. S\VORN before me ai & iii kho this 18 4 riaYY,.{IOM[. .O. ♦..��.a .tlrO��rT., eve 1Vhe.e • tar Rl) rt tr.gAt. h. �.'•✓ llu Hrmt.a 1we� a'^f rM Rmi t+ rw V<ad for h n ends e u Wa a I,ery ,.u. e�+to�n �l h�rr+w.k ae to )n.rr.n rl�r.orr:.r odd era I)Q' and !o.trots <-loute tubattrwc '•1 "C utrd u d•• a n/ arrorn.y ',•.H.t r �Prn tHru•rr '^r'V /or (rror�)••. Y c that the Per.— .abate 0Mil CD 5i.z c g . WILLIAM RE ROBERT JE:r.D - A N D - THE CORPORATION OF THE TOWN OF NEG. ;ASTLE t a DEVELOPMENT AGREEMENT