HomeMy WebLinkAbout76-47
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-Law Noo 76-47
Being a by-law to authorize the entering into
a Development Agreement with Durham Christian
High School Associationo
WHEREAS Durham Christian High School Association are desirous of entering
into a Development Agreement with the Corporation regarding construction of a
High School on Part 1 of Plan lOR636.
NOW THEREFORE the Councll of the Corporation of the Town of Newcastle
hereby enacts as follows:-
1. THAT the Mayor and Clerk are hereby autb:>>rized to execute on behalf
of the Corporation of the Town of Newcastle and seal with the
Corporate Seal a Development Agreement between Durham Christian
High School Association J)f}~ the ~d Corporation dated the
.o..'.~~day of .....llli:.t~.!...o., 1976.
By-Law read a first and second time this 16th day of August, 1976.
By-Law read a third time and finally passed this 16th day of August, 1976.
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Seal
G. B. Rickard
Hayor
J.M. McIlro
Cler k
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~EVELOPMENT AGREEMENT, made in triplicate th~s ... day of . ...:~~ A.D. 197..
BETWEEN:
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THE DURHAM CHRISTIAN HIGH SCHOOL ASSOCIATION,
hereinafter called the "OWner"
OF THE FIRST PART;
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Town"
OF THE SECOND PART:
WHEREAS Section 7.22 of By-law No. 1587 provides that Council may as a
condition of development or redevelopment of land prohibit or require the
provision maintenance and use of certain facilities and matters or any of
them and may regulate the maintenance and use of such facilities and
matters;
AND WHEREAS Section 7.22(b) of the aforesaid by-law provides that Council
may require that the owner of the land enter into one or more development
agreements with Council dealing with such facilities and matters;
....AND ~EREAS the Owner warrants that it is the Registered Owner of Part 2
~ of Plan lOR468:
AND WHEREAS the Owner of Part 2 of Plan lOR468 hereinafter called the
subject lands, desires to construct thereon a Private Secondary School.
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS AND
PROMISES CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. ROAD WIDENING
The Owner agrees to convey to the Town Part j.
and the OWner further agrees that no building permit
for or granted in respect of the subject lands until
been so conveyed.
..6 J C-
of Plan lOR......
shall be applied
the said Part has
'2. ACCESS
The Owner agrees to provide and maintain driveways, walkways, access
ramps and curbings in accordance with plans approved by the Town and to
control the direction of traffic thereon in accordance with the said
plans.
'. 3.
PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking areas
and loading areas and access driveways in accordance with plans and
specifications approved by the Town including the surfacing thereof
with concrete or bituminous asphalt.
4.
WALKWAYS
The Owner agrees to provide and maintain all walkways'and other
means of pedestrian access in accordance with plans and specifications
approved by the Town.
5 . SNOW REMOVAL
The OWner agrees to remove all snow from access ramps, driveways,
parking areas, loading areas and walkways within l2 hours of the cess-
ation of any fall snow.
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GRADL~G ANI; DRAINAGE
The Owner agrees to undertake the grading of and provide for the
disposal of storm, surface and waste water from the subject lands and
from any tuildings or structures thereon in accordance with plans and
specifications approved by the Town.
'.vATER SUPPLY
The Owner agrees to provide, install and maintain a sufficient
supply of potable water to the proposed school, to the satisfaction of
the Durham Reg ional Iieal th :Jni t. Such supply may be prov ided by a
connection to the well of the existing Knox Christian SChool, but in
the event that the DurhaJl Regional Health Unit at any time determines
such supply to be inadequate, the Owner agrees to supplement or replace
such supply by a drilled well located on the subject lands as directed
by the Durham Health Unit.
8.
FIRE PROTECTION SYSTEM
The Owner agrees to ,)rovide and maintain a fire protection system
consisting of a cistern ;laving a minimum capacity of 2500 imperial gall-
ons, which shall be connected to a farm pond presently existing on an
adjacent property to the north and to the well supplying domestic water
to the school. The cistern and all connecting pipes and appurtenances
shall be constructed in accordance with plans and specifications approve~
by the Town. The Owner agrees to obtain easements in a form satisfactory
to the Town from the adjacent property owners sufficient to enable the
Owner to maintain the above fire protection system in perpetuity, and
the Owner further agrees that no building permit shall be applied for or
granted until the aforesaid easements have been obtained.
FENCING AND LANDSCAPING
The Owner agrees to erect walls and plant hedges, trees, shrubs, or
other suitable ground cover in accordance with plans and specifications
approved by the Town to provide adequate landscaping of the subject
lands and protection to adjoining lands. In particular the Owner agrees
to erect a chain link fence, at least 8 feet in height along the southern
limit of the subject lands.
10.
G~A.qE' A.ND~,APTE
The Owner agrees to provide and maintain vaults, central storage
and collection areas and other facilities as may be required by the Town
for the<atorage of garbage and other waste materials in accordance with
plans and specifications approved by the Town.
11.
~~s AND 9P$CrF~CATIONS
The Owner agrees to provide plans showing the loca.tion of all build-
ings and ,structures to be erected on the said lands and the location
of the other facilities required by this Agreement.
~PPROV:AL OF PLANS AND SPgCIFICATIONS
The Owner agrees that the issuance of.any building permit inrespectF
of the said lands shall be prohibited unt~l all plans and specif1cations.~
required pursuant to this p.greement have been approved by the Town. c'
?.EGISTRATION AND ENF'ORCE>1ENT
The Owner agrees that the To~~ may register this agreement against
the title to the subject lands and that the Town may enforce the pro-
visions of this agreement against the owner of the said lanas and
subject 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.
12.
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14.
RISK, EX.fENSE AN:;::' DEFAULT
The Owner agrees that the facilities and matters required to be
provided and maintained by the owt!er of the said lands shall be so
provided and maintained at the sole risk and expense of the owner and to
the satisfaction of the Tovmo The OWner further agrees that, should
there be any default in fulfilling the requirements of this agreement,
the prOVisions of Section 469 of the Municipal Act shall apply.
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BU~LDIi\G PEHMI'I'S
The Town agrees that upon the Owner complying with the provisions
of this agreement respecting development charges and approval of all
plans and specifications required herein, building permits for the
construction of the Private Secondary School will be issued in accord-
ance with the approved plans subject only to payment of the usual
permit fees and other fees as are payable under by-laws currently in
force in the Town.
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16.
CERTIFICATION OF OWNEhSHIP
The Owner shall, at the time of execution of this Agreement, pro-
vide the Town with a letter signed by an Ontario Solicitor and addressed
to the Town certifying as to the title of the said lands aad setting
out the names of all persons having an interest in the said lands and
the nature of their interest.
IN WITNESS WHEPEOF the Parties hereto have hereunder 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 officers
duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
~n the presence of:
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~ OWNER:
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(SEAL)
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THIS AGREEMENT has been authorized and app~oved by By-law No. ...........
/ 6-!~ /(/-4/"1 "- ,~ "-( 197 ./
enacted and passed the ~~.... day of ..0................ A.D., r~
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