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HomeMy WebLinkAbout81-139 .. . THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law Number 81-139 Being a by-law to authorize the entering into an Agreement with Kenoyd Ltd. The Council of the Corporation of the Town of Newcastle ENACTS AS FOLLOWS:- ~ THAT the Mayorand Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal wi th the Corporation Seal an Agreement between Kenoyd Ltd. and the Corporation dated the '1 +h day of ~ A.D. 1981, which is attached hereto as Schedule "K" . . BY-LAW READ a first and second time this BY-LAW READ a third and final time this 21st 21st day of Sep tember day of Sep tember 1981. , 1981. David W. Oakes Clerk Garnet B. Rickard Mayor (Seal) . Cue l/o...------__..ieg.c,?}:.1J.?,J__. 7 ,.. If J .. .. .. " . DEVELOPMENT AGREEMENT ~ADE (in quintuplicate) this 7th day of AUGUST. A.D. 1981. RY.:~r:lW "f\ ..---.....-...-..-. -~:-~.~".~:. ~(-:/ 3Cf .',,-' ---._-~--. KENOYD LIMITED 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"; X~D WHEREAS the Owner has represented to the Town that the said lands are reqistered in the name of Kenoyd Limited as stated in the affidavit attached to this agreement as Schedule "B"; AND WHEREAS the Owner proposed to erect an industrial buildina on the said lands; and has requested the Town to approve the said development pursuant to the provisions of By-Law 79-151; AND WHEREAS the Owner warrants that it has entered, or will enter into an Aqreement with the Corporation of the Region of Durham, for the provision of services from Simpson Ave. with the approval of the Director of Public Works of the Town of Newcastle; NOW THEREFORE, in consideration of the mutual agreements and convenants hereinafter contained, the parties hereto agree as follows: 1.. Annexed hereto and marked as Schedule "e" is a si te plan showing the size, location, elevation and exterior architectural desiqn of the building which the Owner proposes to erect on the "said lands", which is hereby approved by the Town. ~. 4J ~ -KI?= .. ~ . . ,+ -2- J 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 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 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 which shall include a surfacing of parking areas with concrete or bituminous asphalt. No parkir of vehicles shall he permitted on access or driveway areas. Said areas shall he 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. (h) The Owner further agrees to remove garbage and other waste materials as often as may he required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, 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". 7. FLOODLIGHTING The Owner agrees to provide floodlighting {J ~,~ c;(6L lands" and building in accordance with KT2~ ~., -~..~''''.'''': 't"~- IJ, .tI III ~~ !::I.... r'''''!'~ , l iI1!l1ll : I 11PflP'ff. --~ - 3 - ) plans and specifications to be approved by the Directo~ q+ Public ~ Works and the Public Utilities Commission having jHr~~di~tion and to refrain from entering or using any form of t~~u.wtnation which in the opinion of the Town may cause any traffic h~~ard 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" and to provide adequate landscaping! of the "said lands" and protection to adjoining lands. 9. WIDENING OF BASELINE ROAD . The Owner agrees to dedicate gratuitously to the Town, free and clear of all encumberances, a 3.0 meter road widening along the entire frontage of the "said lands" abutting Baseline Road. Said dedication shall be made at such time as required by the Town for the purposes of improving Baseline Road. Notwithstanding the requirements of Paragraph 15 hereto, building permits may be issued prior to the dedication of the aforesaid road widening. 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 the Agreement against the Owner 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 Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "D" hereto, the es~imated 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. 4-{ ~~~ '. to . .. -4- 13. PERFORMANCE GUARANTEE REQUIRED (1)' Prior to the issuance of any authorization to commence work, the Owner shall provide the Town with a "Performance Guarantee", in the form of cash or an irrevocahle 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 1q in the event ttrlat-the Owner. fails to satisfactorily meet the requirements of this agreement in respect of the provision of the specified works and facilities. (2) All suhmissions made under tlause (1) above, shall be approved by the Treasurer of the Town of Newcastl 14. USE OF PERFORMANGE GUARANTEE The Owner aqrees that the Municipality may at any time, b\ resolution of Muntcipal 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 ~qreement by the due date of the invoice of such costs. ~ sTJYLf5ING-PERMIT 1'1I 'Ii N. TheQ.l.me.r aqrees that. upon the Owner complyinq wi th the provisions of this Aqreement respectinq approval of all plans and specifications required herein, buildinq permits will bw issued in accordance with the plans subject to payment of the usual permit fees and other fees as are payable under hy-law currently in force in the Town and provided that all building plans comply with the Ontario Buildinq Code and such other Municipal By-Lawa as may he relevant. 16. LAPSE OF APPROVAL In the event a buildinq 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 approv; of the site plan and drawings referred to in paraqraph numher 1 hereof shall lapse upon the expiry of two years from the date of the registration of this Agreement. l.l, ~<I X1I K\C~ h. U1r v'..tl..' .... 4i,~"d .. ~ . -5- 17. CONSTRUTION COMMENCEMENT ) .. The Owner aqrees to commence construction of any huilrlin0 or buildings for which a permit may be issued under ParaQraph 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. 1q. This Agreement shall enure to the benefit of and shall be hinding upon the parties hereto and their respective successors or assigns. IN WITNESS WH~REOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. Per: KENOYD LIMITED~ ~ /54~ . ~ Per: Per: KENOYD LIMITED . per:~ -.~ -U~ ~~~C) ~ " If ' THE CORPORATION OF THE TOWN OF /E~CASTLE per:~~ . a~or per:~,. ) ;-- . - Clerk //~ cI ~ ~~, .k,....."J>....:..~'". ~ .. .. It . ~ , LIST OF SCHEDULES ^ Legal Survey of said lands B Affidavit of Ownership C Site Plan including: D Work Cost Estimate I Y~I?..~tJ J Location of buildings Landscaping and fencing Floodlighting Grading and drainage ~/~ -;;(lI K {7d-- .d Ill> 11_.... '" -c..., , . . ... .~"""'='-"'..~~'.""':,,,,,,,~._,,,,,,,,-,.,,,y , . TIllS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No.it-13f of the Town of Newcastle, enacted and passed the ).1",,).. day o~ W , 1981. LEGAL DESCRIPTION OF SAID LANDS - ALL AND SINGULAR that certain parcel or tract of land and premises, si.tuate, lying and being Part of Lot 9, Broken Front Concession, former Town of Bowman vi lIe , former County of Durham, now within the limits of the Town of Newcastle, in the Regional Municipality of Durham and designated as Pa.rts I, 2 and 3 according to a Reference Plan deposited at the Land Regi.stry Office for the Registry Division of Newcastle (No. 10) as Plan No. IOR-1253. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Per: Per: THE CO=ORAT OF THE TOWN OF NEWCASTLE Per: . ,,' () . MAYOR Per: ,<{~.~. CLERK . ;;1IfIIII""" SCHEDULE "B" . ... . OVE .. DURH,a,M co. L)MlTED FORM NO. .4. .. ~a1taba ~ lit PROVINCE OF ONTARIO In tlJt :JIatttf of the title of Part of Blocks 18 & lq the Smart Estate Plan, Town of Bowmanville. now known as parts 1, 2 & 3 Plan lOR-1253. TO WIT: I, KENNETH RANDALL, of the Town of Whitby inthe Regional Municipality of Durham, SOLEMNLY DECLARE THAT 1. I am the president of Kenoyd Limited and as such have knowledge of the matters herein deposed to. 2. Kenoyld Limited is the registered owner of the above-mentioned property having received a conveyance thereof on April 13th, 1981. . . AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the Town of Whitby, in the Regional Municipal ity of Durham, 19 81 (2 ~ ~~ 6-.j),Jj Kennet an all - _~~~~ A Commissioner, etc. ".~~~;~s~__, . ,,-c-',..__, "____'_. < 'IiI; Dated 19 IN THE MATTER OF , (/. ~j ; I~\ ,.\.,\"", 6tatutorp i9ttlaration of DYE a DURtiAM CO. UMITED . ~ .. ... . .. ! . . ~ ' ~ . f .: I THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by' By-Law No. ff'i37of the Town of Newcastle, enacted and passed the ~t?~ day of~~~ 1981. WORKS COST ESTIMATE The following itemized list and cost breakdown defines all work required on Town of Newcastle lands adjacent to the said property as described in Schedule 'A' (Legal Survey) and as shown on Schedule IC' (Site Plan). All work as described shall be carried out by the owner's forces and at the owner's expense to the full satisfaction of the Town of Newcastle. ESTIMATED COST . ITEM NO. 1, 2. DESCRIPTION Grading of existing slopes $1,200.00 Install two (2) entrances - including - 18" DIA. C.S,P. Culverts Granular Fill 3" HL-3 Hot mix asphalt paving (1 entrance) - 6" crushed limestone surface (1 entrance) $3,000.00 3. Supply & place sod on all disturbed areas including ditches and slopes Contingency 10% TOTAL $ 750.00 $ 495.00 $ 500.00 $5,945.00 . 4. 5 . Maintenance Deposit IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. " ) ) ) ) ) ) ) ) ) ) ) ) ) Per: Per: Per: Per: .. "-'"~ --"":"'l\~, --~~""'-;''''''''_. ,,"-. ~ Ie l' ~ . ~ .~ ..... ~ ~ """t'-, ~ f' ----... ~ ~ ~ "'...........':,,...'~.~,."'"',, ..~.....-...... _..~.--.....,- . J1 , ~, . . \ ~ ~ '~ ~~ ~~ ~ :0. ~ ~ \: . .".'~ O~Q'" -1;'z a i =:0911 ., Q<g9 ~ 3 2 zs:" ;11:I ~ o'~ ~. ~::1~ . :s. ~ '. ,~~ 0 p:NOYD Er ED .l" ~ :g 1J ~d.. . ,~~ ,-. - ~ t:: i \~ C.'J -~,':::- ".0 -....0 -::-'- THE CORPORATION OF T . DEVELOPMENT AGREEMENT . ~cJ,!