HomeMy WebLinkAbout81-137
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW NO. 81-137
being a by-law to authorize the entering into
an Agreement with Sandringham Inc.
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 Sandringham Inc. and the said
Corporation dated the ;) I +I... day of O~
A.D. 1981, which is attached
hereto as Schedule "X".
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BY-LAW READ a first and second time this 21st
day of September
, 1981.
BY-LAW READ a third and final time this 21st
day of September
, 1981.
David W. Oakes
Cle rk
Rickarv4~7
[)~, UA.,
Garnet B.
Mayor
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APPLICATION TO REGISTER
NOTICE OF AN AGREEMENT
THE LAND TITLES ACT SECTION 78
TO: THE LAND REGISTRAR
FOR THE LAND TITLES DIVISION OF NEWCASTLE (No. 10)
THE CORPORATION OF THE TOWN OF NEWCASTLE,
being interested in the land entered
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as Parcel Block 11 in the Register for
Section M-747, now designated as Part 1, Plan 10R-1376
TOGETHER WITH the free, uninterrupted and unobstructed right and
easement to permit the Owner, its successors and assigns over
Part 3, Plan 10R-1376 for ingress and egress across and through
the said Part 3, Plan 10R-1376, TOGETHER WITH the right of the
Owner, its successors and assigns, and its and their servants,
agents, contractors and workmen with all necessary materials,
equipment, machinery and vehicles to enter upon said lands at all
times and to pass and re-pass thereon and to repair and lay asphalt
for the purposes of ingress and egress in perpetuity,
of which SANDRINGHAM HOLDINGS INC. is the registered owner
hereby apply to have Notice of an Agreement dated the 27th
day of October, 1981,
made between SANDRINGHAM HOLDINGS INC. and THE CORPORATION OF
THE TOWN OF NEWCASTLE entered on the parcel register.
The evidence in support of this Application consists of:
1. An executed copy of the said Agreement.
This application is not being made for any fraudulent or improper
purpose.
My address for service is 153 Simcoe Street North, Oshawa, Ontario.
SANDRINGH~~ HOLDINGS INC.
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DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 2. 7!1t day of () C TO ~c~
A.D. 1981.
BET WEE N:
SANDRINGHAM HOLDINGS INC.
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 D. R. Agencies Limited although.
Sandringham Inc. is the beneficial owner of the said lands as stated
in the affidavit attached to this agreement as Schedule "B";
AND WHEREAS the Owne; proposes to erect a restaurant/dining lounge on
the said lands; and has requested the Town to approve the said devel-
opment pursuant to the said 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;
AL"ID WHEREAS the OwneJ:5Warrants that it has entered, or will enter
into an Agreement with the Corporation of the Region of Durham, in
respect of the provision of water to the said lands and disposal of
sanitary waste originating on said lands and to provide said facil-
ities in accordance with such Agreement.
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
showing the size, location, elevation and exterior architectural de-
sign of the building which the Owner proposes to erect on the "said
lands", which shall be approved by the Directors of Planning and
Public Works.
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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"
and further, that in the construction of such building the Owner will
comply with the elevation, exterior atchitectural design, the location
of the buildin& on the lot and all other matters relating to the building
shown on Schedule "C".
3. 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 hy the Director of Public Horks which
shall include a surfacinr. of parking areas with concrete or bituminious
asphalt. No parking of vehicles shall be peroitted on access or driveway
areas which shall be sir.ned and maintained as fire access routes to the
satisfaction of the Fire Chief.
4 . GARBAGE AND HA.<iTE
(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
Uorks and the Fire Chief.
(b) The Owner further agrees to renove garbage and other waste ma
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 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 Schedule "C".
The Town agrees to provide the owner with an appropriate easement
over Block 12, Plan M-747 fpr the construction and. maintenance of the works
described in Schedule "D". Said easement shall be provided in accordance
with Town policy. The Owner further agreess to undertake the perpetual
maintenance of the aforesaid works.
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7.
FLOODLIGHTING
The Owner agrees to provide floodlighting of the "said lands"
and building in accordance with plana 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.
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 provide adequate landscaping of the "said lands"
and prote~tion to adjoining lands.
9.
INGRESS AND EGRESS
The Owner agrees to provide ingress and egress for the said
lands in accordance with Schedule "G". The Owner further agrees to
design and construct such ingress and egress in accordance with the
standards and design criteria of the Minis~ry of Transportation and
Communciation (Ontario) as may be applicable.
10. APPROVAL OF PLANS AND SPECIFICATIONS
The Owner agrees that the issuance of any building pennit
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" and
subject to the provisions of the Registry Act and the Land Titles Act
R.S .0. 1979, as amended, against any and all subsequent owners of the
"said lands".
12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
permit for the building identified Qn 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 "Works Cost Estimate" shall
be approved by the Director of Public Works and annexed to this Agree-
nent 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 "0" hereto.
13. PERFOR}~CE GU~~TEE REQUIRED
(1) Prior to the issuance of any authorization to commence
work, . the Owner shall provide the Town with a "Perfonnance
Guarantee", in the fonn 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 4 in the event t!tat the Owner fails to satis fac-
torily ~et 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 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 of 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 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 provided
that all building plans comply with the Ontario Building Code and such
other Municipal By-laws as may be relevant.
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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 registration
of this Agreement.
17. CONSTRUCTION COMMENCMENT
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 corporate seals by the hands of their proper signing officers
duly authorized in that behalf.
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O..A~-'k-dA.AJ '
CLERK
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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
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THIS SCHEDULE IS SCHEDULE "Au to the Agreement which has been
authorized and approved by By-Law No. 81-137 of the Town of Newcastle,
and enacted and passed the 21st day of September, 1981.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, in the Regional
Municipality of Durham and being composed of part of Block lIon
Plan M-747, now designated as Part 1, on a Reference Plan deposited
in the Registry Office for the Land Titles Division of Newcastle
(No. 10) as Number 10R-1376.
TOGETHER WITH the free, uninterrupted and unobstructed right and
easement to permit the Owner, its successors and assigns over
Part 3, Plan lOR-1376 for ingress and egress across and through
the said Part 3, Plan 10R-1376, TOGETHER WITH the right of the
Owner, its successors and assigns, and its and their servants,
agents, contractors and workmen with all necessary materials,
equipment, machinery and vehicles to enter upon said lands at all
times and to pass and re-pass thereon and to repair and lay asphalt
for the purposes of ingress and egress in perpetuity.
IN WITNESS WHEREOF the parties have hereto affixed their
corporate seals by the hands of their proper signing officers duly
authorized in that behalf.
) SANDRINGHAM
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Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
perlA ~~
(I Mayor
!J/~,-U tfl../->S.
Clerk
Per:
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THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and apprvoed by By-law No. 81-137 of the Town of Newcastle,
enacted and passed the 21st day of September, 1981.
AFFIDAVIT OF OWNERSHIP
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I, DOULGAS ARTHUR ROY, of the Town of Whitby, in the
Regional Municipality of Durham, Province of Ontario, am the
President of SANDRINGHAM HOLDINGS INC. and as such have knowledge
of the matters herein deposed to.
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That SANDRINGHAM HOLDINGS INC. is the registered owner
on title in fee simple of the lands described in Schedule "A"
to the Agreement herein referred to.
City of Oshawa, in the
Regional Municipality of
Durham this ).. ~ day of
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DECLARED before me at the
Nove ,1981.
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THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 81-137 of the Town of
Newcastle, enacted and passed the 21st day of September, 1981.
WORKS COST ESTIMATE
ITEM DESCRIPTION QUANTITY COST
1. 375mm Storm Sewer 12.0 80.00
2. Concrete Outfall 1 1,400.00
3. Gabion Protection 7.2m3 80.00
4. Contingencies Lump Sum
Sub Total
Engineering: 15%
GRAND TOTAL
TOTAL
960.00
1,500.00
576.00
300.00
$3,336.00
500.00
$3,836.00
IN WITNESS WHEREOF the parties have hereto affixed their
corporate seals by the hands of their proper signing officers duly
authorized in that behalf.
) SANDRINGHAM HOLDINGS INC.
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Per:
THE CORPORATION OF ~HE TOWN OF NEWCASTLE
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SANDRINGHAM HOLDINGS INC.
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THE CORPORATION OF THE TOWN OF N~'WCASTLE
DEVELOPMENT AGREEMENT
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