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HomeMy WebLinkAbout79-93 .' . "'-~:::.;;,..---=-:.-~ .' THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 79-93 Being a by-law to authorize the entering into an Agreement with LDCM Investments Ltd. The Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: (1) 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 LDCM Investments Ltd. and the said Corporation dated the...I$^..day of ....~~:...1979, which is hereto on Schedule "A" ~ READ a first, second and third time and finally passed this 10th day of September 1979 ~ G. B. May-or RiCkard/'# ~/ vv~ .. k. .. f' j.. .', . ......,.. '- . r-ttlf' '1' ~. h-"f';'.,4'i~~;til:t,"J"'i;;,~ ~,O\) t\ ~\V f~~ ~ THE REGISTRY ACT DECLARATION UNDER SECTION 23 OF THE ACT I, G. B. RICKARD, of the Town of Newcastle, in the Regional Municipality of Durham, do solemnly declare that I am a party to an Agreement made between L.D.C.M. Investments Limited and Barmond Builders Limited and the Corporation of the Town of Newcastle, dated the 13th day of September, 1979, which affects the following lands: ALL AND SINGULAR those certain parcels or blocks of land situate lying and being in the Town of Newcastle (formerly in the Town of Bowmanvi11e) in the Regional Municipality of Durham, and being described as the whole of Blocks "A" and "B", registered Plan 698. 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 und~r oath. DECLARED BEFORE M~ at the ) ) Town of Newcastle, in the ) ) Regiorial Mtift!ei~a1ity of ) ) Durham, this %4- day (if , ) November, L...,;. 1~1tj: ) ~~: ~~-..-/ . G. B. RICKARD ( ,~ . '<C!' 'rfT'( '-~"'''''''''.''''_'_.'''''''''''''':'~'''__" , . .,. " . "~. ,_ .....~c....: ~) "" '--- ... . t l' .' . It . " . -', ... of Ul~VKLOPM~N'1' ^CIUmMI~NT, Hltlde In triJ)l1CtJtl! t1.b L/i.. 1../ ," IS"" day A.D., 1979. BET WEE N: ...:,......" L.D.~.M. INVESTMENTS LIMITED and BARMOND BUILDERS LIMITED, hereinafter called the "OWNERS" OF THE FIRST PART, and THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "TOWN" OF THE SECOND PART. WHEREAS the Owners warrant that they are the registered owners of the most westerly 125 feet of Block "B" registered Plan 698 in the Town of Newcastle. AND WHEREAS the Owners of the most westerly 125 feet of Block "B" registered Plan 698 hereinafter called the Subject Landsll desire to construct thereon Twin Theatres and Retail Stores in extension to the commercial development on Block "A" registered Plan 698. AND WHEREAS the Council of the Town of Newcastle has passed a by-law rezoning the most westerly 125 feet 'of Block "BIl, registered Plan 698, to permit the proposed commercial development, AND WHEREAS the owners have entered into a development agree- ment with the Town pursuant to Section 35 A of the Planning Act, AND WHEREAS said development agreement has been registered in the Land Registry Division of Newcastle No. 10 as instrument 84965, AND WHEREAS both parties agree to amend the said development agreement, NOW THEREFORE IN CONSIDERATION OF THE HUTUAL AGREEMENTS AND COVENANTS AND PROMISES CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: The Owners agree that the issuance of any permits in respect of the subject lands shall be prohibited except for the issuance ~ f' . . __ -"'to ..~":..-""" .' -e"" .. . . ,. .. . ,: " .. - 2 - ...". by the Town of a permit for the construction of a foundation for the permitted uses on the subject lands, until all plans and specifications required pursuant to the development agreement registered in the Land Registry Office for the Land Registry Division of Newcastle No. 10, as instrument 84965 have been approved by the Town including the conveyance of all required one foot reserves. 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 hereunto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behelf. THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: /U~--4',.~. Mayor ~/,.. ~.. vr.. ~ Clerk L.D.C.M. INVESTMENTS LIMITED.~ per:~ BARMOND BUILDERS LIMITED, Per: ~ . .'--~ ... , 't, - A . -- Q , . ,. ~ DATED ~ER 13'IH 1979 BEIWEEN : L D C M INVES'IMEN'TS LID. AND BARIDND BUILDERS LID. and PAID lAND llliGISti'i OFFICE NO. 1\\ '!HE CORFORATION OF '!HE 'lUVN OF NEWCASTLE No. Land Registry Division cf Newcastie (No. 10) I C~RTiFY tll':Jt thiS j'1~~rWller!t IS registered as cf A.M. 96917 DEVElDPMENr AGREEMENr / () ;;1 0 ~and Registry Office Town of f\!~wcastle C:!!3rio. NOV 1979 in tiio 9fJ _L q'- REGISTRAR . "/7.00 '!HE CORREATION OF '!HE 'IDVN OF NE\lK'.ASTIE 40 'IEMJ?ERAN:E ~lHl!J!.T IaMANVILIE, \z~ARIO } 1