HomeMy WebLinkAbout76-41
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-Law No. 76-41
Being a by-law to authorize the entering into
a Development Agreement with Veltri and Son
Limited.
WHEREAS Veltri & Son Limited are desirous of entering into a
Development Agreement with the Corporation regarding construction of a
Conunercia1 and Residential BU,i1ding on Parts of Lot lOR
NOW THEREFORE the Council of the Corporation of the Town of
Newcastle hereby enacts as fol1ows:-
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 Corporate Seal a Development Agreement between Veltri
and Son Limited and the said Corporation dated the ..lath.....
day of ...~~Q~........., 1976.
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By-Law read a first and second time this 19 th day of July, 1976.
By-Law read a third time and finally passed this 19th day of July, 1976.
G.B. Rickard ~~~
Mayor
J .M. McIlro
Clerk
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THE REGISTRY ACT
DECLARATION UNDER SECTION 23 OF THE ACT
Judicial District )
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of Durham )
To Wit: ~
I, Joseph M. McIlroy, of the Town of
Newcastle, in the Regional Municipality
of Durham, Municipal Clerk, DO SOLEMNLY
DECLARE THAT,
1.
I am the Clerk for the Corporation of the Town of Newcastle
one of the parties to a Development Agreement, dated
the 28th day of June, 1976, between Veltri and Son Limited
and the Corporation of the Town of Newcastle, which does
not contain a proper local description.
2.
The said instrument affects the land hereinafter described:
"ALL AND SINGULAR those certain parCElls or tracts of
land situate lying and being in "the Town of Newcastle
in the Regional Municipality of Durham formerly in the
Town of Bowmanville in the County of Durham, and being
parts of original TownShip Lots II and l2 in the first
Concession of the Geographic Township of Darlington
and being composed of parts of Lots 28,29,3l,118 and
246 and all of Lot 30 in Block "R" according to John
Grant's Plan of the former Town of Bowmanville more
particularly described and shown as Parts l,2,3,4,5,
and 6 on Reference Plan 10R-622 deposited in the Registry
Office for the Registry Division of Newcastle (No. 10)
on the 30th day of June, 1976."
And I make this solemn declaration, conscientiously
believing it to be true and knowning that it is of the same
force and effect as if made under oath.
DECLARED before me
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in the Regional Municipality )
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at the Town of Newcastle
of Durham this
/sr day of
A?ovt~ , 1976.
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. DEVFLOPMENT AGREEJo1l!NT, made in triplioate this ~~tp. day of .....cl1J~~....,A.D.,19'76.
BE'lWEI!N :
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VELTRI AND SON LIMITED, hereina.f'ter
called the II OWner"
OF THE FIRST PART
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THE CORPORATION CF THE TOO OF NJ!1.ICASTLE, h~
called the "Town" .
OF THE SWOOD PART
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WHllREAS Section 7.22 ot By-law No. 1'Xfl provides that CounoU may as a qond1t1cm
of development or redevelopment ot land prohibit or requ1re the provision mainten-
ance and use ot oertain faoilities and matters or any of them and mq replate the
-.tntenAnoe and use of such faoilities and matters,
AND WHl!RFAS Section 7.22(b) of the aforesaid by-law provides that Couno1l may re-
quire that the owner ot the land enter into one or more developnsnt agreements
with Couno1l de~Hng with such faoillties and matters;
AND WHEREAS the Councll of the Tow of Newcastle requires that oerta:1n development
obarges are payable as a oondition of the approval of any change of -oninc wb10b
perm1ta an inorease in the number ot dwelling units which can be looated QI1 tq'
l&nd;
AND WBJRlAS the ().mer warrants that it is the registered Omer of Parts L ~.}~.~ ; s:-
ot Plan 1 OR. .".~ I.. i . ., ,
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AND WHl!REflS the Owner of Parts or 1?lon. 10 "l ............. here1na1'ter oa.lle4 the
su.b.1eot lAnds, desires to construct thereon a Commercial and Apa,rt'rrlent Res1dent1al
Btrnding;
NQl THJItEF(ItE IN OONSIDERATION OF THE MUTUAL AQREF}mrI'S AND OOVmAN'1'S ANI> l"BONlSliS
OONTADED HmEIN, THE PARTIES HEREl'O AGREE AS FOLLCWS:
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1 . A C.r.Ti'~ct ' .
The Owner agrees to provide and maintain driveways, wa.J.kwa,ys, &OOe88
ramps and, curbings in acoordance with plans approved by' the Town and to
oontrol the direotion of tra.f'fio thereon in aooordance with the sa1d
plans.
a. nmcmG AND LOADING
The CMner agrees to provide and maintain off-street parking areas
and 1oad1ng areas and aooess drivew~s in aocordanoe with plans and
specifioations approved by the Town inoluding the surfacing thereof'
with ooncrete or bituminous asphalt.
3. ~.A.YS
The Owner agrees to provide and maintain all walkways and other means
or pedestrian acoess in acoordanoe with plans and spec1.t1aations approY9d
by the Town.
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4. ~Otl RF.MOV AI..
The Owner agrees to remove aJ.l snow from aooess raznps, driveways,
parking areas, loading areas and walkways within ..,~.... hours of' the
oessat:ton of any tall of snow. .
5. ~ING AND DRADUGE
The Omer agrees to undertake the grading ot and provide for the
disposaJ. at storm, surfaoe and waste water from the subjeot lands a1Xl from
any 'btt"1ii11'1gs or structures thereon in acoordance with plans and speoif'ic-
ations approved by the Town. In the event that tI'mstruotion of the
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proposed ~1iJd1ng oocurs prior to oonstruction of a new storm sever
on King street in front of the subjeot lands, the Owner agrees to
provide a second outJ.et designed to oonneot with the sa:1il new storm
sewer.
6. FLOOpLIGHTING
The Owner agrees to provide floodlighting of the subj ect lands
and m1ndi1'\gs thereon in acoordance with plans and specifioations AD-
roved by the Town and to refrain from erecting or using any torm 'et
'1) ,JYI.1l"\a tion which in the opinion of the Town wculd oause SW' traffio
hazard or would oause any disturbance to any adjaoent residential use.
7. mtQ~G JiliD IA~DSCAP~G
The Oiner agrees to erect walls and plant hedges, trees, shrubs, or
other suitable oovering vegetation 1Ji' aooordanoe with plans and spec1f-
ioat:1ons approved by the Town to provide adequate landsoaping of the
subject lands and proteotion to adjoining lD.nds., Such landscaping shall
include roof area required to be landSQ!ped in accordance tdth the pr0-
visions of the Zoning By-law.
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8. ~G~ AND WASTE
The OWner agrees to provide am maintain vaults, central storage and
oollection areas and other faoili ties as may be required by the Town for
the storage of garbage and other waste materials in c. looation '(..;..~'~)roved
~. tho To...:n we::. in :::.coo1'dcnoo '\11 th plM.D :"tnn apeoitoations ap~d by
the Tolmo
9. PLANS"lW SPECIFICATIONS
The Owner agrees to provide plans showing the location of all. bu:Ud-
ings and structures to be ereoted on the said lands and the location of
the other faoilities required by this By-law.
10. PERSPFgrIVES, m.,FNA~~ONS AtlD CRpSS SECTIONS
The Owner agrees to provide perspective drawings and plans Mowing.
building elevations and croas sections of any residential bn11tMl\gs
oontaining 25 or more dwelllng un! ts.
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11. APPROVAL Or PIbNS AND SPECIFICATIONS
the ().mer agrees that the issuance of any building permit in respect
or the said lands shall be prohibited untll all plans and spec1t1oat1ons
. " required pursuant to this agreement have been approved by the Town.
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12. D~ CHARGE
e CNner agrees to pay to the Town, prior to the issuanoe of any
~11'':H''g permit in respect of the subjeot lands, a d.....lopment ahe.rge
caloulated in aooordanoe with SChedule A hereto for the residential dwell-
ing units proposed to be ereoted on the subject lands in aoOOtdaDoe 1rl1th
the said building parmi t.
13. RmISTRATION AND EID'ORCFf'lENT
The (),mer agrees that the Town may register this agreement against
the title to the subject lands and that the Tow may enforoe the pro-
visions of this agreement against the owner of the said lar.lds and subjeot
to the proviSions of the Registry Aot and the Land Titles Act, R.S.O.
1970, any and all subsequent owers of the said lands.
14. RI~ EX;P~SE AND Dlt'AULT
..hie OImer agrees that the .tl:l. oUitles and IW3.tters required to be pr0-
vided and maintained by the owner of the said lands shall be so prqided
and maintained at the sole risk and expense of the owner and tv the
satisfe(}tion of the Tow'! The (Mner further agrees that, should there be
a.rry default in fulfilling the requiremantfl ofWds a.gl"aammt, the
provisions of Seotion /lJ9 of the Municipal Act shall apply.
15. ~J{J1.nTNQ PEmUTS
The T.,1.IIl agrees that upon the Owner complying with the provisions of
this agreement respeoting development charges and approval of all pJ.ans
and specifications required herein, building permits for the construction
of the Commercial and Apartment Residential Building wID be issued in
aooordance with the approved plans subject only to payment of the usual
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permit fees and other fees as are payable under by-laws ourrentll' in
foroe in the Town.
16. CERT:gi'ICATION OF OWNERSHIP
The Owner shall, at the time of exeoution of this agreement provide
the Town with a letter signed by an Ontario Solioitor and addressed
to the Town oertifying as to the ti Ue of the said lands and setting ~
out the names of all persons having an interest in the said lands and
the nature of their interest.
17. SIDElIAlJ& RECONsrRUCT~ON . . ~.
The Owner agrees to re2.2Jlstruct the sidewalk, ourb and gutter on the
north side of King Street n15iK:XDl)vJJf~~:UJffifJEC~I~Om.I.H~~ in front
of the subjeot lands in aocoxdt'.l3.CC witlr pltazlr.; ood opocific.e.tiollO [O~vod ~
"".i tho ~cnmo . .,~
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IN WITNESS WHEREOF the Parties hereto have hereunder set their hands and seal.$
the dq and year first above written, and the Parties hereU\ have hereunto
affixed their Corporate Seals by the hands of their proper officers du.1y auth-
orized in that behalf'.
SIGNID, SEALED AND DELIVERED
THE 00Bi'9RATION OF 'IRE TOWN OF N&lOASTLE
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in the presence of:
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THIS AGREEMENT has been authorized and approved by By-law No. 7.~~~.........../
enacted and passed the ...'l-tfw..... day of ......~~-y..........,A.D., 1976\,
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SCHEDULE A to Development Agreement made the .4~to...... day at
... ..:r1ftl~....... DO DO' A.D. 1976 between VELTRI ~1.ND S)N LIMITED
and THE OORPOR&TION OF THE TOWN OF N.E1~C'ASTLE
S9!JED1JLE OF DEVELOPMEm' CHARGES
fifE ~ ~~.T.TNG WIT
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Bachelor
1 Bedroom
2 Bedroom
:3 Bedroom or Hore
B edrooma
Redoution tor Previous Development
Potential (Prior to Rezcning)
AM:>UNT
$150
&300
$450
$600
$5400
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79851
No.
land Registry Division of Newcastle (No. 10)
I CERTIFY that this instrument is registered as of
Ie> ,SO 4.M.
NOV 1 1976 in the
land
Registry Office CJI(~
Town of Newcastle V'''''
Ontario. KGlSTRAIt
77
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DEVELOPMENT AGREEMENT
BEtWBER
VELTRI AND SON UKITED
AND
THE CORPORATION OF THE TOWN OF NEVCASTLE.
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