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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-Law No. 76-20
Being a by-law to authorise the entering into
a Site Plan Agreement with L.D.CoM. Investments
Limited and Barmond Builders Limited.
WHEREAS By-Law No. 72-43 was passed by the Council of the Corporation
of the Town of Bowmanvi1le on the 10th day of October, 1972 authorising the
signing of a Subdivision Agreement with L.D.C.M. Investments and Barmond Builders
and;
WHEREAS L.D.C.M. Investments and Barmond Builders Ltd. are desirous of
entering into a Site Plan Agreement with the Corporlltion regarding construction
of Town !buses on Block "c" of Pllln 698;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
hereby enacts as follows:-
1.
THAT the Mayor and Clerk are hereby authorised to execute on behalf of
the Corporation of the Town of Newcastle and seal with the Corporllte Seal
a Site Plan Agreement between LoD.e.M. Investments Ltd. and Barmond
Builders Ltd. and the said Corporation dated If}t:... dllY of t1/J Y
1976.
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Read a first, S VI '- -
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Read a third and final time this
11 time a. J J 1.__11" C'
Ii this 19th day ,of April, 1976.
17th day of May, 1976. />'~
G.B. Rickard ~ /~/
Mayor
Seal
J.M. Mcllro
Clerk
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THIS AGREEMENT made this /1 day of
1'1;41
, 1976.
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BET WEE N:
THE CORP()RATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Town"
OF THE FIRST PART
- AND -
L.D.C.M. INVESTMENTS LIMITED and BARMOND
BUILDERS LIMITED, both corporations incorporated
under the Laws of the Province of Ontario,
hereinafter called the "Owners"
OF THE SECOND PART
- AND -
hereinafter called the "Mortgagee"
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OF THE THIRD PART
WHEREAS the Owners and the Town (formerly The Corporation of
the Town of Bowmanville) entered into a Subdivision Agreement \dated
September 22nd, 1972 relating to the development of certain lands which
included Block tiC" on Plan 698 registered in the Land Registry Office
for the Registry Division of Durham West, hereinafter called the
Subdivision Agreement.
AND WHEREAS the Owners have represented to the Town that they
are still the owners of the land described in Schedule "B" as appears
from the Certificate of an Ontario Solicitor attached to this agreement
as Schedule "C".
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AND WHEREAS by an underta.king dated November 20th, 1972,
the owners agreed not to apply for building permits until a site plan
for Block "CIt was submitted to and approved by the Town.
AND WHEREAS Section 7.22 of By-law 1587 of the former Town
of Bowmanville as amended authorizes the Council of the Town of Newcastle
to enter into a Development Agreement respecting the development of the
subject lands.
NOW THEREroRE in consideration of the premises and the nmtual
covenants and agreements herein contained, the parties hereto covenant
and agree as follows:
1. The Owners hereby covenant and agree to develop Block "c" of
Plan 698 as a residential terrace dwelling development in accordance
with the annexed Schedule itA" (hereinaf'ter called the "Site Planll);
provided that the Owners may be permitted with the written permission
of the Chief Building Inspector of the Town to make minor modifications
to the site plan that are reasonably consistent with the Site Plan and
that do not detract from the aesthetics or quality of the development
as shown on the Site Plan, however, no such modifications will allow
standards less than those set out by By-law 75-62. Any substantial
changes which would affect the standard of development as represented
by the Site Plan may be made only with the prior written consent of
the Council of the Town.
2. The Owners agree to convey to the Town Parts 51, 52, 53, 55
and 56 as shown on the Site Plan at the time of execution of this
agreement and shall convey to the Town an easement 5 feet in width across
all lots abutting on Hobbs Drive which easement shall be immediately
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abutting Hobbs Drive and shall permit the Town or anyone acting with
its permission to install and maintain electrical, telephone or cable T.V.
facilities wit~in the said easement.
3.
The Owners agree to construct all services and carry out all
grading '..ror}:s required to serve the said Block lie II in accordance wi th the
urovisions of the Subdivision Agreement. It is hereby agreed by the
parties hereto that all lots, streets and walkways shown on the site plan
shall be deemed to be lots, streets and walkways within Plan 698 and shall
be developed in accordance with the terms of the Subdivision Agreem~nt
except as is otherwise provided herein.
1!-. Sections 24 and 25 of the Subdivision Agreement shall apply
to all serrices constructed or work done under the provisions of this
agreement except that the Owners shall maintain all services constructed
or installed until the final acceptance certificate for such services
has been issued by the Town.
5. The Town agrees that forthwith upon execution of this agreement
it will take such steps as are required to convey to the Owners that
portion of the road allowance between Lots 8 and 9 in Concession 1 in
the former Township of Darlington which is located within Block "C",
Plan 698.
6. The Owners agree that Section 27 of the Subdivision Agreement
shall apply to all building permits issued within Block lie" except
that the deposit of $250.00 specified therein shall be increased to
$1,000.00.
7. Notwithstanding that the maintenance period for Road Works
in Plan 698 expires in December, 1976, the Owners agree to restore all
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services on Hobbs Drive which may be damaged in the course of construction
to a condition satisfactory to the Town Engineer and the Owners further
agree that the performance guarantee required herein shall include an
amount satisfactory to the Town Engineer to provide for such restoration.
8. Where this Site Plan Agreement is silent on any matter, it is
understood that the Subdivision Agreement shall govern and shall apply to
any lot, street or walkway shown on the Site Plan as fully as though such
lot, street or walkway were laid out and shown on said Plan of Subdivision.
9. The parties hereby confirm that, in lieu of lot levies being
paid to the Town in cash, the lot levies for Block "e" ($600 x 50 dwellings)
will be applied to reduce, to the extent available, the amounts owed by
the Town to the Owners pursuant to the provisions of paragraph 17 of the
said Subdivision Agreement.
10. The Developer agrees to carry out the landscaping of the project
in accordance with plans and specifications approved by the Town.
11. Wherever in this Agreement the word "Owners" is used, it shall
be read and construed as "Owner" or "Owners" and ''his'', ''her'' or "their",
respectively, as the number and gender may require and the number of
the verb agreeing therewith shall be construed accordingly.
12. This Agreement and everything herein contained shall enure to
the benefit of and be binding upon the parties hereto, their successors
and assigns.
13. This Agreement shall run with the land and be binding upon the
Owners, their heirs, executors, administrators, successors and assigns.
14. The Owners agree to the registration of this Agreement by the
Town against the title of the lands set out in Schedule "B" and further
agree not to deal with the title to the land until this Agreement has
been registered.
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15.(a) ~he Town agrees that upon the conditions set out in paragraph (b)
of this paragraph being fulfilled and upon the Owners complying with the
provisions of this Agreement and upon approval of all required plans,
profiles and specifications, building permits will be issued for the
construction of the units indicated in Schedule "AIf attached hereto on
pa~rment only of the usual building permit fees and such other fees and
deposits as are herein agreed upon and provided all applicable building,
zoning or other by-laws are complied with.
(b) The conditions to be fulfilled under the terms of paragraph (a)
are as follows:
(1) approval of the Regional Municipality of Durham to the
water and sewer services to be constructed.
16. The Town, in addition to any other rights conferred on it
pursuant to this Agreement, shall have the right at aD. times to enter
upon the land described in Schedule "B" for the purpose of carrying out
any obligations imposed on the Owners under this Agreement which the
Owners have failed to carry out according to the terms of this Agreement
and any expense or expenditure incurred by the Town in so doing shall
be paid by the Owners to the Town on demand.
17. The land described in Schedule "B" is hereby charged with the
payment of all monies payable to the Town pursuant to the terms of this
Agreement including all monies Which may become payable to the Town
pursuant to the provisions of the preceding paragraph.
18. This Agreement shall not be binding upon the Town unless and
until it is registered upon the title to the property described in
Schedule "B" and unless at the time of such registration the Owners are
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the owners of the said land, subject only to the rights of the Parties
of the Third Part and unless the said Parties of the Third Part have
executed this Agreement for the purpose of postponing their rights in the
said land to the provisions of this Agreement.
No"bhing in this Agreement shall require any mortgagees named
as Parties of the Third Part to carry out any of the provisions hereof
until they have entered into possession, purport to sell under a Pover
of Sale or foreclosure, or have taken any other action to obtain control
of the lands or have in any way attempted to exercise their security against
the lands described in Schedule ''E'' attached hereto.
19. The OWners shall, at the time of execution of this Agreement,
fUrnish the municipality with a letter directed to the municipality,
signed by an Ontario Solicitor, certifying as to the ownership of the
land described in Schedule ''B''.
20. The Parties of the Third Part do hereby postpone their interest
in the land described in SChedule ''E'' to this Agreement with the intent
that this Agreement shall take effect as though dated, executed, delivered
and registered prior to any instrument under which the said Parties of
the Third Part claim an interest in the said land.
21. The OWners shal] pay to the municipality on demand all costs
incurred by the municipality for the services of consultants in connection
with the preparation of this Agreement.
22. In this Agreement, the term "Town Engineer" shall mean:
The Director of Public Works of the Town.
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23. -rhis agreement shall enure to the benefit of and be binding
upon the parties hereto and their successors and assigns.
VJITN1~:; the Corporate seaJ.s of the parties hereto attested
to b~f the bands 0" their proper signing officers, duly authorized in
that behalf.
THE CORPO~TION OF THE TOWN OF NEWCASTLE
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L.D.C.M. INVESTMENTS LIMITED
Per:
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BARMOND BUll.DERS LIMITED
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I. LOT AREA . = 35q.082 sq.ft.
= 8.0~7 acres
COVERAGE
845 sq. ft.
876 sq. ft.
886 sq.ft.
TOTAL
3. MIN. LOT FRONTAGE 24ft.
4.MIN. LOT AREA 2400 sq.ft.
5.MAX. LOT COVERAGE 200/0
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REG1D PLAN NO. 698
BLOCK C
TOWN OF
REGIONAL
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REDIVIDED
NEWCASTLE
MUNICIPALITY OF
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PART
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THIS IS SCHEDU,"-E 'A'
TO AN AGREEMENT MADE
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THIS I f DAY OF tA ""'1976
BETWEEN THE CORP, RATION
OF THE TOWN OF NEWCASTLE
AND LDCM AND BARMOND
BUILDERS L TO
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SITE PLAN' REDIVISON OF
BLOCK 'c' ...
PROPOSE.a ,STREEf TOWNHO'USING
_'" .I=M BRIARTOWN HOLDINGS LTD
HOBBS DRIVE,
BOWMANvlU.E... Y'.., .. ONTARIO . ,... _
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SCHEDULE "B"
being attached to and forming part of an Agreement
bet"reen L.D.C.M. INVESTMENTS LIMITED and BARMOND
BUILDERS LIMITED and T~rE CORPORATION OF THE TOWN
OF NEWCASTLE
AJJL ]u\ID SINGULAR that certain parcel or tract of
land and premises situate, lying and being in the Town of Newcastle,
in the Regional Hunicipali t;! of Durham, (formerly in the Town of
BO'Wril.l3.nvi'lle, County 0 f Durham) and Province of Ontario and being
c,Ompp s ed, of the ..,ho1e of Block "c" according toa plan of subdivision
registeI'ed ~n the Registry Office for the Registry Division of Durham
He'st (:Ng,~ 10) as Number 698.
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SQiEDULE "C"
being attached to and fonning part of an
Agreement between L.D.C.M. INVES'IMENTS
LIMITED arrl BARM)ND BUn..DERS LIMITED and
THE CORPORATION OF THE 'l'<mN OF NEW:ASTLE
I, RAYM)ND M. GELG<.XJr, a solicitor of the SUpreme court of
Ontario, do hereby state that in my opinion the al:x>ve named
Developers are the sole owners in fee simple of all land described
in Schedule "B" to the Site Plan Agreement, dated May 18th, 1976;
In my opinion there are no lTOrtgages or other encumbrances
upon the said land or any part thereof save am except the following:
In my opinion L.D.C.M. Investments Limited arrl. :Banrond Builders
Limited are the sole owners in fee simple of all lard to be conveyed
to the Corporation or over which easements or rights are to be conveyed
to the Corporation pursuant to the said Site Plan Agree:nent free fran
all encumbran::es save am except the following:
.
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'~ 5[1.9
No, 7:1 f ttewcastle (No. 10)
land RegistrYtOlt~.ISI:t~ument is registered as of
I CERTIFY tha nlS
3. 0 1f/.M.
MAY 21 1976
in the
Land . ~~
Registry OffIce
Town of Newcastle RI~$TlWt
Ontario.
~. I 0 ~ p..l~m(,f. I\\). 11\
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'DATED
.
1976
THE CORPORATION OF THE TOWN OF
NEWCASTLE
- and-
L.D.C.M. rnVESTMENTS Lll1ITED and
BARMOND BUILDERS Lll1ITED
AGREEMENT
WEIR & FOULDS
330 University Avenue
Toronto, Ontario M5G 1S2