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HomeMy WebLinkAbout79-149 . 'IRE CORPORATION OF '!HE 'TOWN OF Nh"WCASTLE BY-LAW 79-149 Being a by-law to authorize the entering into an Agreanent with Armstrong Stores Llinited The Council of the Cor!X)ration of the Town of Newcastle hereby ENACfS AS FDLI..OVS: 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 Armstrong Stores Limited and the said Cor!X)ration dated the /5 J- chy of 11 rl--tt.. Ct-f 1979 which is attached hereto as Schedule "A". . Read a first and second tline this 17th day of Decanber 1979. Read a third tline and finally passed this 17th day of December 1979. G. B. RiCkard .:Y'A- I1f:.~J Mayor -- ~ __ Clerk . / / / Ii.. ..:k.. ;;;;;;;~; . 7 . THIS AGRE=NT, made this day of A.D. 1979. BETWEEN AIRTZISTRONG STORES LIMITED, hereinafter called the 49Cr,,7 er" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF NEWCASULE, hereinafter called the "Town" OF THE SECOND PART. WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the `'said lands"; AND WHEREPAS the Owner has represented to the Town that the said lands are owned by it, as stated in the Certificate attached to this Agree- ment as Schedule "B"; AND 14HEREAS the Owner acknowledges that the lands will not be serviced by a municipal sewer system and each building or structure to be erected or altered shall be serviced by a private sewage disposal system as approved and/or required by the Durham Region Health Unit; AND t?HE=kS the Owner warrants that it has entered, or enter will _L nter into an Agreement with the Corporation of the Regional Municipality of Durham; AND WHERF-AS the Owner has requested the Town to rezone the said lands so as to periait the construction thereon of buildings described in para- o graph numbered I of this Agreement and the Town, has agreed to do so pro- sided this Site Plan Agreement is first entered into; NOW THEREFORE THIS AGrZE=iT WI-iLNTESSET*,Lq that the Parties hereto for themselves, their heirs, executors, administrators, successors and assigns do covenant and agree as follows: I. The Owner covenants and agrees that the said lands. shall be used only for the purpose of erecting thereon a shopping centre, with a total gross floor area not to exceed 5110 square metres, designed and constructed in conformity with Plans and Drawings on file with the Town and identified as forming Exhibit "I" to this agreement by the Signature of the signing officers of the Town and the Owner. 2. The C�,.Tner covenants and agrees that no de-Aations or changes shall be made from tine Plans or Drawings forming E--,ffiibit "I" except such changes as may be required by the Town in order that such Plans and Drawings shall comply with all relevant provisions of the Building or Zoning or other by—laws of the Town, and the Ontario Building Code. 3. The Owner covenants and agrees that it will not apply or permit any other person to apply for a building permit or build upon the said lands unless such application or building complies in all respects with the requirements of paragraph 1 and Exhibit "I" to this agreement and unless all the plans and specifications required pursuant to the agreement have been approved by the Director of Public Works, of the Town of Newcastle, hereinafter referred to as "the Director" and the lands required by Schedule "C" hereof have been conveyed to the Town. 4. The Owner covenants and agrees that it will not transfer, convey or otherwise deal with the said lands before buildings which comply in all respects with paragraph 1 and Exhibit "I" have been erected thereon unless the person to whom it is to convey or transfer its interest or part of its interest in the said lands first enters into an agreement with the Town to carry out the requirements of this agreement. 5. The Owner covenants and agrees to pay to the Town at the time of execution of this agreement the following: (a) $1,829.78 (b) The money paid by the Owner to the Town under subsection (a) shall when paid become the sole property of the Town and the Owner shall not be entitled to any refund of any part of the said money. 6. The Orvner covenants and agrees to convey to the Town at the time of execution ..of this agreement the land or interests in land described in Schedule "C" which conveyance shall be free of encumbrance and in a form satisfactory to the Town Solicitor, 7. The Town agrees that subject to the approval of The Ontario Municipal Board the land described in Schedule "A" shall be rezoned to permit the development described in paragraph 1 to this agreement. 3 8. This agreement affects the said lands. 9. DRIVE 4AYS AND CURBING (a) No approach ramps and driveways shall be permitted across the untravelled portion of any road allowance by the Town unless such approach ramps comply with both the Town of Newcastle Design Criteria and Entranceway Policy, to the satisfaction of the Director. (b) The Owner shall install curbing along the approach ramps between the property line and the street, in accordance with the Town of Newcastle Design Criteria, and to the satisfaction of the Director. (c) The Owner agrees that any entrance to the said lands from Mill Street which utilizes a Municipal Road Allow- ance shall be constructed at the owners expense and shall be considered a private driveway for maintenance purposes. (d) The Owner agrees to privde traffic control facilities at the entrance to the said lands, to the satisfaction of the Director. 10. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking areas and loading areas on the said lands, in accordance with plans and specifications to be approved by the Director, including the surfacing thereof with concrete or bituminous asphalt. 11. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, drive- ways, parking areas, loading areas and walkways within 12 hours of the cessation of any fall of snow. 12. GRADING AND DRAINAGE (a) -,he Owner agrees to undertake the grading of and Provide for the disposal of storm and surface water from the said lands and from -any buildings or structures thereon to an acceptable outlet, in accordance with Plans and Specifi- cations to be approved by the Director, and the Ganaraska Con- servation Authority. 4 (b) The Owner agrees that no building or structure may be erected on the said lands unless such building or structure shall be serviced by a private sewage disposal system as approved and/or required by the Durham Health Unit. 13. DEDICATION OF EASEMENTS The Owner shall, at the time of execution of this agreement, deliver to the Municipality executed transfers of easements free and clear of all encumbrances as set out in Schedule "D" hereto. If, sub- sequent to the registration of the Plan, further easements are required for utilities or drainage or other purposes, the Owner agrees to transfer to the Municipality such further easements upon request. 14. FLOODLIGHTING The Owner agrees to provide floodlighting of the said lands and any buildings thereon in accordance with plans and specifications to be approved by the Director and the Orono Public Utilities Commission and to refrain from erecting or using any form of illumination which in the opinion of the Director would cause any traffic hazard or would cause any disturbance to any adjacent residential use. 15. FENCING AND LANDSCAPING The Owner agrees to erect walls and/or plant and maintain hedges, trees, shrubs, or other suitable ground cover in accordance with Plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adequate landscaping of the said lands, and protection to adjoining lands. 16. GARBAGE AND WASTE The Owner agrees to provide and maintain enclosed central storage facilities as may be required by the Director for the storage of garbage and other waste materials from the buildings constructed on the said lands, in accordance with plans and specifications to be approved by the Town of Newcastle, Fire Chief and the Director, The Owner further agrees to remove the garbage and other waste material as often as may be required by the Director. 5 17. PLANS AND SPECIFICATIONS The Owner agrees to provide plans showing the location of all buildings and structures to be erected on the said lands and the location of the other facilities required by this agreement, and that these plans will form Exhibit "I" to this agreement. 18. PERSPECTIVES, ELEVATIONS AND FLOOR PLANS The Owner agrees to provide perspective drawings and plans showing floor plans and building elevations indicating external building materials, and that these plans will form Exhibit "I" to this agreement. 19. FIRE PROTECTION The Owner agrees to install a reservoir for fire fighting pur- poses on the said lands, having a capacity of 180,000 gallons. The said reservoir and appurtenances thereto are to be constructed and located to the satisfaction of the Town of Newcastle Fire Chief. 20. REGISTRATION AND ENFORCEHENT 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, sub- ject to the provisions of The Registry Act and The Land Titles Act, R.S.O. 1970, any and all subsequent owners of the said lands. 21. The Owner covenants and agrees that if it does not commence construction of the buildings included in Phase I as described in Exhibit "I" hereof within two years from the date upon which the by-law to rezone the property has been approved by The Ontario Municipal Board, the Owner covenants and agrees not to oppose any application by the Town to rezone the lands to R1 and thereupon this agreement shall become null and void. As an alternative, the Town and the Owner may renegotiate the agreement and the Commercial Zoning may be retained. 22. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for any building identified on Exhibit "I" hereto, the estimated cost of construction and installation of the internal and external works required by this agreement, hereinafter called the "Works Cost Estimately shall be approved by the Director and entered in Schedule "E" hereto. 6 Tice said approved "Works Cost Estimate" shall be deemed to have been included in this Agreement at the date of its original execu- tion, whether or not it was, in fact, so included and whether or not it is, in fact, entered in Schedule "E" hereto. 23. -PERFORMANCE GUARANTEE REQUIRED (1) The Owner shall, prior to the issuance of any Building permit with respect to the buildings shown on Exhibit "I" hereto, furnish the '..:.Municipality by cash or by means of an irrevocable letter: of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the provisions of this Agreement. Such cash or ir- revocable letter of credit shall be in an amount equal to the Works Cost Estimate, with respect to the Plan or stage of the Plan for which the said permit is sought. (2) All documents furnished under this paragraph shall be approved by the Treasurer and the solicitor for the Municipality. (3) The cash or irrevocable letter of credit as provided in subparagraph (l) hereof, are hereinafter collectively referred to as a "Performance Guarantee". 24. USE OF PERFORK,NCE GUAIIV,_NTEE 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. 25. BUILDING PERMITS The Town agrees that upon the Owner complying with the pro- Visions of this agreement respecting approval of all plans and specifications required herein and upon approval by the Ontario -Municipal Board of a ZOning by-Ia-,,T to permit the proposed commercial development, building permits for the construction of Phase 1 of the shopping centre, as iden- tified on Exhibit I, will be issued in accordance with the approved plans subject only to payment of the usual permit fees and other fees as are 7 payable under by-law currently in force in the Town. The Owner agrees that a market analysis, to be completed by a party agreeable to the Town and the Owner, indicating the potential impact of the proposed expansion on competing commercial development in Orono and the surrounding area, will, be required before building permits will be available for Phase I!. No building permits will be available for Phase II until the said Market Analysis indicates that there is sufficient residual market to support Phase II. 26. INTERPRETATION NOT AFFECTED �Y HEADINGS The division of this agreement into paragraphs and the insertion of headings are for convenience of references only and shall not in any way affect the interpretation of this agreement. 27. This agreement shall be read with such changes of number or gender as the context requires. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written, and the parties hereto have affixed their Corporate Seals by the hands of their proper signing officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE: Per: Mayor Per: Clerk ARMSTRONG STORES LJ14ITE0- Per: SCHEDULE "A'' TO AGREE MNT dated the day ofN \5Nx!q.__, A.D. 1979. B E T W E E N ARMSTRONG STORES LIMITED, - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, AIL 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 (formerly in the Village of Orono, in the County of Durham) , in the Province of Ontario, and being composed of&oL Eleven (11) , Rear Range, Block 1 on the East Side of Mill Street according to a plan of the said Village of Orono made by C. G. Hanning, P.L.S. , and part of Township Lot Twenty-eight (28) in the Fifth Concession in the Geographic Township of Clarke, lying East of Blocks Y, 1, 2 and 3, Hanning's Plan, the boundaries of the said parcel being more particularly described as follows: PREMISING that the Easterly limit of said Lon 28 has a bearing of North 18 degrees 13 minutes 30 seconds West and relating all bearings herein thereto; COMMENCING at an iron bar marking the North-Westerly angle of said Town Lot 11; IMENCE North 88 degrees 12 minutes 30 seconds East along the Northerly limit of said Lon 11 a distance of one hundred and sixty-two and thirty-six one-hundredths feet (162.36' ) to an iron bar marking the North-Easterly angle thereof; !HENCE North 0 degrees 46 minutes West along the rear of Blocks 2 and 3 and inter- vening streets a distance of two hundred and twenty-six and eighty-five one- hundredths feet (226.85') to an iron bar planted in the Easterly limit of Lot 14, Rear Range, Block 3, at the point of intersection with a fence running Easterly; 1AENCE South 89 degrees 35 minutes 30 seconds East along the said fence a distance of three hundred and sixty-nine and seven tenths feet (369. 7") to an iron bar planted at the point of intersection with the Easterly limit of said Township Lot 28; THENCE South 18 degrees 13 minutes 30 seconds East along the last-mentioned limit (being also the Westerly limit of King's Highway Numbers 115 and 35) a distance of six hundred and eighty and eighty-five one-hundredths feet (680.35 ') to an iron bar planted at the point of intersection with a fence running Westerly; !HENCE South 86 degrees 52 minutes West along ''', the said fence a distance of five hundred and ninety-one and five-tenths feet Q91.5') to an iron bar planted in the Easterly limit of a street Southerly adjacent to Block Y according to the said Hanning Plan of the Village of Orono; TEENCE North 1 degree 33 minutes East along the Easterly limits of said street and i Blocks Y and 1 and intervening street a dista4ce of three hundred and seventy-nine and two one-hundredths feet (379.02') to an iron bar marking the South-Easterly angle of said Town Lot 11; THENCE North 89 degrees 27 minutes West along ',the Southerly limit of said Town Lot 11 and along a fence a distance of one hundred and sixty and fifty-six one- hundredths feet (160.56') to an iron bar marking the South-Westerly angle thereof; 1HENCE North 0 degrees 46 minutes West along the Westerly limit of said Lot 11 a distance of sixty-nine and four-tenths feet (69.4') more or less to the POINT OF C0r�L`1ENCL1-LENT. V he hlere7_nabd!8 described lands, containing by�admeasurement 7.65 acres be the QlAy 0ts ot less are shown an a map or plan made by M. D. Brown, Ontario Land "Ob S41d Plan is dated April 4, 1966, a copy of which is attached to instrument No. N30250. AND ALL and Singular that certain parcel or tracu, of land and premises, situate, lying and being in chc '11.'own of Newcastle, in the Regional Municipality of Durham, (formerly in the Village of Orono) and being that par-, of Lot Number ,3, in the Fifth Concession of the Geographic�(_- Township of Clarke known as Village Lot Number 11 on the cast side of Mill Street in the West Range of Block 1, according to the plan of the Village of Orono made by C. G. Hanning, P.L.S. , and on -File in the Rttgistry Office for the Registry Division of Newcastle (No. ' 0) . This certificate is given by me to The Corporation of the Town of Newcastle for the purpose of having the said Corporation act in reliance on it in entering into the Site PLaii Agreement. Di':TED AT T`-hIS DAY OF A.D. 1979. \% THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By–law Nimber 79-44.1 of the Corporation of the Town of Newcastle, enacted and passed the 11— � day of , A.D. 1979. A44w SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF NEWCASTLE. In the presence of Per:----'-- Mayor Per: Clerk ARMSTRONG STORES LIMITED: Per: SCHEDULE "B" TO SITE PLAN.__AG'U=J.,NT dated V3. NIZVAC�ti 3 E T W E E N .ARMSTRONG STORES LIMITED, and - THE CORPORATION OF THE TOWN OF NEWCASTLE, I, a Solicitor of the Supreme Court of Ontario, do hereby certify that the above named Subdivider is the soi-e owner in fee simple of all land described in Schedule "A" to the Site Plan Agreement dated I further certify that there are no mortgages or other encum- brances upon the said land or any part thereof I f u r t h e r certify t I i a t is the sole owner in Fee silnple of all land to be conveyed to the Corporation Or over which easements or rights are to be conveyed to the Corporation DU_1_ scant to the said Site Plan Agreement free from all encLLnbrances s-auja THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law 79-14 of the Corporation of the Town of Newcastle, enacted- and Passed the day of A.D. 1979. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOTATIN OF NEWCASTLE. In the presence Per: Mayor Per: LIU- CL rk ARMSTRONG ORES LIMITED. Per: SCHEDULE "C" TO AGREEMENT dated this day of A.D. 1979. B E T W E E N : ARMSTRONG STORES LIMITED, - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, Regional Municipality of Durham, Province of Ontario, and being composed of part of unsubdivided Township Lot Twenty-eight (28) in the Fifth Concession according to C.G. Hanning's Plan of the former Village of Orono, now within the limits of the said Town of Newcastle, and being a strip of land one foot in perpen- dicular width Westerly adjacent to the Easterly limit of said Lot Twenty- eight (28) , Concession 5, the boundaries of the said strip of land being more particularly described as follows; PREMISING that the aforesaid Easterly limit of said Lot 28 has an astronomic bearing of North 18 degrees 13 minutes 30 seconds West derived from Deposited Plan Number 16260 and relating all bearings herein thereto; Beginning at the North-Easterly angle of Village Lot 11 (Eleven) , Rear 0 Range, Block 1, according to C. G. Hanning's Plan of the said Village of Orono; Thence North 00 degrees 46 minutes West to and along the Easterly limits of Village Lots 12 and 13, Rear Range, Block 2, and its production Northerly a distance of 226.85 feet to an iron bar planted in the Easterly limit of Village Lot 14, Rear Range, Block 3; ' THENCE South 89 degrees 35 minutes 30 seconds East in the line of a fence a distance of 369. 70 feet more or less to an iron bar planted at the point of intersection with the Easterly limit of said Township Lot 28; this is the point of commencement of the lands to be herein described; THENCE South 18 degrees 13 minutes 30 seconds East along the Easterly limit of said Lot 28 being the Westerly limit of King's Highway Numbers 115 and 35, as shown on Deposited Plan Number 16260, and along a line hereinafter referred to as Line A, a distance of 680.85 feet to an iron bar planted at the point of intersection with a fence running Westerly; THENCE South 86 degrees 52 minutes West in the line of the said fence • distance of 1.04 feet more or less to the point of intersection with • line drawn parallel to and perpendicularly distant 1.00 -feet measured Westerly from Line A; THENCE North 13 degrees 13 minutes 30 seconds West parallel to said line A a distance of 680.90 feet more or, less to the point of inter- section with a line drawn on a course of North 89 degrees 35 minutes 30 seconds West from the point of commencement; THENCE South 89 degrees 35 minutes 30 seconds East a distance of 1:05 feet more or less to the POINT OF COMENCEDENT. -2— THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by By—law Number 79— of the Corporation of the Town of Newcastle, enacted and passed the 17, day of A , A.D. 1979. SIGNED, SEALED AND DELIVERED } THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of } Per: } Mayor Pero _71�__" Clerk ) } ARMSTRONG STORES ,Lr_ TED } Per: SCHEDULE "E" TO B E T W E E N a ARMSTRONG STORES LUIETED, — and — THE CORPORATION OF THE TOWN OF NEWCASTLE, SCHEDULE "D" TO AGREEMENT dated this day of _ , A.D. 1979. B E T W E E N ARMSTRONG STORES LIMITED, and - THE CORPORATION OF THE T014N OF NEWCASTLE, i } EXHIBIT "I" r u This is Exhibit "I" to the Agreement which has been authorized ' w and approved by By-law 79-149 of the Corporation of the Town ` of Newcastle, enacted and passed the 17th day of December, A.D ., 1979 . l =z SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN 'S OF NEWCASTLE Per:_- Per: ARMSTRONG STORES LIMITED Per: - ) s# i ;1 �p 4 Ia f } i4 }i tf �e �s. 1 I S= £i f 4 k�Y } t �i I DATED: ARMSTRONG STORES LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE SITE PLAN AGREEMENT DATED ARMSTRONG STORES LIMITED -- and •- THE CORPORATION OF THE TOWN OF NEWCASTLE SITE PLAN AGREEMENT 100 u5 No. D'VIlon of Flowc,-I! (,:�R I IFY o is 37 /M the DATE: NOVEMBER 13, 1979 stly kind Registfnr 4, BETWEEN ARMSTONG STORES LIMITED Will THE CORPORATION OF THE TOWN OF NEWCASTLE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ON LlC 3A6