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HomeMy WebLinkAbout77-56 .. .' . .. THE CORPORATION OF THE TOWN OF NEWCASTLE , . BY-LAW # 77-56 Being a by-law to authorize the e~ecution of an agreement between the Town and L.D.C.M. Investments Limited and Barmond Builders Limited. WHEREAS Council has resolved to pass a by-law rezoning the whole of Block A and the westerly 125 feet of Block B, Plan 698; AND WHEREAS the Town and L.D.C.M. Investments Limited and Barmond Builders Limited consider it desirable to enter into an agreement pertaining to the said lands. NOW THEREFORE BE IT ENACTED by Council of The Corporat- ion of the Town of Newcastle as follows: 1. The Mayor and Clerk are hereby auth- orized to sign and affix the Corporate Seal of The Corporation of the Town of Newcastle to an agreement in the form of the agreement annexed hereto as Schedule "A". BY-LAW READ A FIRST AND SECOND time this) 6 "'da-y of --c!UL'-/ ' 1977. BY-LAW READ A THIRD AND FINAL time this lt vL-day of --;J"Zt (.. "I ' 1 9 7 7 . THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: ~~~.-t Mayor _ ~~ Clerk / ~.. <----, ~'" Sims Morton McInerney & Brady Barristers & Solicitors {,,,.-.-.,..._.,.,.,.~,~ I I . September 1st, 1977 J. M. McIlroy, A.M.C.T., Clerk, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. Dear Mr. McIlroy: Re: L.D.C.M. Investments Limited and Barmond Builders Limited . I enclose herewith a duplicate original copy of the development agreement entered into between the Town and L.D.C.M. Investments Limited and Barmond Builders Limited, dated June 13th, 1977, relating to the development of the westerly 125 feet of Block "B" Plan 698, which was registered in the Registry Office for the Registry Division of Newcastle (No. 10) on August 31st, 1977, at 11:06 a.m., as Instrument Number 84965. ;;> David D. Sims, Q.C. DJDS:cv RECEIVED Encl. (1) SEP 6 1977 cjc - George F. Howden . TOWN OF NEWCASTLE -I 117 King Street, Whitby, Ont. L 1 N 4Z1 Post Office Box: 358 Telephone: 668-7704 ....c .) " ..\ ." ~ . - I.' ~< - DEVELOPMENT AGREEMENT made in triplicate this 13~ . ~ay o.f B l~lL. 17 J 7; )...~ , 1977. BET WEE N: L.D.C.M. n.-rVESTMENTS LIMITED and BAR~OND BUILDER~ 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 To~n cif Newcastle. AND WHEREAS the ~vners of the most westerly 125 feet of Block "B" registered Plan 698 hereinafter called the "Subject Lands" desire to c'onstruct 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 resolved to pass a by-law rezoning the most westerly '125 feet of Block "B", registered Plan 698, to permit the proposed commercial development, subject to the Owners entering into a development agreement with tha~own pursuant to Section 35a of The Planning Act. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL AGREEHENTS AND COVENANTS AND PROMISES CONTAINED'HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Owners agree that the proposed extension to the commercial development on the adjoining Block "A" registered Plan 698 will be constructed, used and maintained as an integral part of the shopping centre, known as "Bowmanvil1e Mall" and it will not be separately conveyed or assigned. ~ . -. ~. - 2 - 2. PARKING AND LOADING The Owners agree to provide and maintain' off-street parking areas and loading areas in accordance with plans and I specifications t6 be approved by the Town including the surfacing thereof with concrete or bituminous asphalt. 3. SNOW REMOVAL (a) The O\mers agree to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within 12 hours of the cessation of any fall of snow. (b) The Owners agree to remove all snow within 12 hours of the cessation of any fall of snow, from: (i) the sidewalks along that portion of King Street which abuts the subject property and Block "A" Plan 698; (ii) the sidewalks along Simpson Avenue abutting Block "A" Plan 698; (iii) the sidewalks along Hobbs Avenue, abutting Blocks "A", "B", and "E", Plan 698. 4. GRADING A~ID DRAINAGE The Owners agree to undertake the grading of and provide for the disposal of storm, surface and waste water from the subject lands and from any buildings or structures thereon ~n accordance with plans and specifications to be approved by the Town. 5. FLOODLIGHTING The Owners agree to provide floodlighting of the subject lands and any buildings thereon in accordance with plans and specifications to be approved by the Town and Bowmanville Public Utilities Commission and to refrain from erecting or using any form of illumination which in the opinion of the Town would cause any traffic hazard or would cause any disturbance to any adjacent . " . ...'.. . . ~. - 3 residential use. 6. FENCING AND LANDSCAPING t' (a) The Owners agree to erect walls and plant and maintain hedges, trees, shrubs, or other suitable ground cover in accord- ance with plans and specifications to be approved by the Town to provide adequate landscaping of Block "A" and the westerly 125 feet of Block "A" Plan 698, and protection to adjoining lands. (b) The Owners further agree to plant and maintain hedges, trees, shrubs or other suitable ground cover in accordance with plans and specifications to be approved by the Town on the lands abutting Block "A" and the most westerly 125 feet of Block "B'" registered Plan 698, lying between the said lands and the travelled portion of Hobbs Avenue, Simpson Avenue and King Street, respect~ ively. 7. GARBAGE AND WASTE (a) The Owners agree to provide and maintain enclosed central storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings constructed on Block "A", and the westerly 125 feet of Block "B" Plan 698, in accordance with plans and specifications to be approved by the Town. (b) The Owners further agree to remove the garbage and other waste material as often as may be required by the Town. 8. PLANS A1~ SPECIFICATIONS The Owners agree to provide plans showing the location of all buildings and structures to be erected on the said lands and the locition of the other facilities required by this agreement. 9. PERSPECTIVES, ELEVATIONS AND FLOOR PLANS The Owners agree to provide perspective drawings and plans showing building elevations and floor plans. . ~ .. L~.'7"\ /) --....;, (. - 4 - .' 10. WIDENING OF KING STREET The Owners agree to widen to the Town's specifications the south side of the roadway on th~ portion of King Street which abuts the subject lands ar.~ p~ovide access as may be required by the Town. 11. SIDEWALK ON HOBBS AVENUE The ~vners agree to construct, to the Town's specifications a sidewalk along that portion of King Street which abuts the subject lands and to construct to the Town's specifications a side- walk along that portion of Hobbs Avenue which abuts Blocks "A", "B" and "E" Plan 698. 12. ROAD WIDENING A~~ SIDEWALK DEEMED MUNICIPAL SERVICES The Owners agree that the above road widening and side- walk shall be deemed to be municipal services required under the terms of a previous agreement between the Town and the Owners dated the 22nd day of September, A.D. 1972. 13. STREET LIGHTING The Owners agree to install at their own expense such street lighting facilities as are necessary for the lighting-of roads and sidewalks adjacent to the subject lands, according to standards and specifications approved by the appropriate Public Utilities Commission. All electrical cables required to service the street lighting and the subject lands shall be installed underground. 14~ ONE FOOT RESERVES .TheOwners agree to convey to the Town a one foot reserve along the boundary of the subject lands abutting Hobbs Avenue and King Street. -5- , . 15. INDEMNIFICATION FOR REGIONAL LEVIES The Owners agree to indemnify and save harmless the Town from any levies, payable in respect of the subject lands ---- , pursuant to Clauses 16, 17 and 17 (a' of an agreement between the Owners and The Corporation of the Town of Bowmanville dated .- September 22nd, 1972, which may now be owing to the Regional Municipality of Durham by virtue of the ownership of the sanitary sewage works and water works referred to in same above mentioned clauses of that agreement now being vested in the Regional Municipality of Durham. 16 . GENERAL LEVY The Owners agree that for the porposes of paragraphs 16, 17 and 17 (a) of an agreement dated the 22nd day of September, 1972, the Town shall be deemed to have received the sum of THIRTEEN THOUSAND, FIVE HUNDRED ($13,500.00) DOLLARS on account of general levies in respect of the subject lands, and the ,. amount owing by the Town to the Owners pursuant to paragraph 17 of the aforesaid agreement shall be reduced accordingly. 17. APPROVAL OF PLANS AND SPECIFICATIONS The Owners agree that the issuance of any building permit in respect of the subject lands shall be prohibited until all plans and specifications required pursuant to this agreement have been approved by the Town and the one foot reserve required by paragraph 14 hereof is conveyed to the Town. !. , - . . ., . 18. REGISTRATION AND ENFORCEMENT The Owners agree that the Town may register this agre~ment against the titles to Block~ "A" and "B" registered plan 698 registered in the Registry Office for the Town of . Newcastle (No. 10) and the Town may enforce the provisiqns of this agreement against the Owners of the subject lands 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. 19. RISK, EXPENSE AND DEFAULT The Owners agree that the facilities and matters required to be provided and maintained by the Owners of the subject lands shall be so provided and maintained at the sole risk and expense of the Owners and to the satisfaction of the Town. The Owners further agree that, should there be any defau~t in fulfilling the requirements of this agreement, ,the provisions of Section 469 of The Municipal Act shall apply. 20. BUILDING PERMITS The Town agrees that upon the Owners complying with the provisions of this agreement respecting approval of all plans and specifications required herein and upon approval by the. Ontario Municipal Board of a zoning by-law to permit the proposed -commercial development, building permits for the construction of the twin theatres and retail stores will be issued in accordance with the approved plans subject only to payment of the usual permit fees and other fees as are payable under by-law currently in force in the Town. 21. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this agreement into paragraphs and the insertion of headings are for conveniences of reference only - ~, L ,~ -7- and shall not in any way affect the interpretation of this agreement. . 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 author- ized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: ~ , ~,. ,'-C er L.D.C.M. NVEST~MITED' per:tl~k -; ~- BARMOND BUILDERS LIMITED, ~~? (,,/" ......" Per: . SCHEDULE to Development Agreement made in triplicate the 13th day of June, 197~ between L.C.D.M. Investments ~. Limited and Barmond Builders Limited and The Corporation of the Town of Newcastle. LANDS AND PREMISES affected by the above noted Development Agreement:- ALL AND SINGULAR those certain parcels or blocks of land situate lying and being in the Town of Newcastle (formerly in the Town of Bowmanville) in the Regional Municipality of Durham, and being described as the whole of Blocks "A" and "B", registered Plan 698. - , . , f" 'A. ./; <:t to b ~ . 84965 ~:~d Registry Division of Newc~stle ~No. 10) I CERTIFY that this instrument IS registered as of / /. 0 h iJ .M. AUG 31 1977 in the land ~ Registry Office' ~ Town of Newcastle Ontario. _ _ REGISTRAR PAID LAND REGISTRY OFFICE NO. III \~ p 0/ P 1 DATED: JUNE 13th, A.D., i. ~ BET WEE N: L.C.D.M. INVESTMENTS LIMITED and BARMOND BUILDERS LIMITED and THE CORPORATION OF THE TOWN OF NEWCASTLE A G R E E MEN T SIMS MORTON McINERNEY & BRADY, Barristers and Solicitors, 117 King Street, Whitby, Ontario -~-- -* )~ . , j. '8B42S~, t' ~ ~ , ( THE CORPORATION OF THE TOWN OF NEWCASTLE BY - LAW # 77-56 86428 . ~eing a by-law to authorize the e~ecution of an ~greement between_the Town and ~ L.D.C.M. Investments ~imited and Barmond Builders Limited. WHEREAS council has resolved to pass a by-law rezoning the whole of Block A and the westerly 125 feet of Block B, Plan 698; - AND WHEREAS the Town and L.D.C.M. Investments Limited and garmond Builders Limited consider it desirable to enter into an agreement pertaining to the said lands. NOW THEREFORE BE IT ENACTpD by Council of The Corporat- ion of the Tpwn of Newcastle as follows: . ~. The Mayor and Clerk are hereby auth- orized to sign and affix the Corporate Seal of The Corporation of the Town of Newcastle to an agreement in the form of the agreement annexed hereto as Schedule "A". 'J / .,t" - BY-LAW READ A FIRST AND SECOND time this _0 day of --:/iA L Y , 1977. BY-LAW READ A THIRD AND FINAL time this 16-"'"day of -r,' /'/ ,1977. .-j (.4 '- '- THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: ~~d~ Mayor - ...::..",,- ,/-( .... ~- ,/ Clerk _.,~ . ) ~ ~ 'il . . . (' ( /1 e ~ I ~( I ~ Il . , , DEVELOPMENT AGREEMENT made in triplicate this ':;, day of 1977~ BET WEE N: L.D.C.M. INVESTMENTS LIMITED and BARMO~D BUILDERS LIM~TED~ hereinafter called the "OWNERS" OF THE FIRST PART and THE CORPORATION OF THE TOWN OF NEW~ASTLE, hereinafter called the "TOWN" OF THE SECOND PART. WHEREAS the Owners warrant'that they are the registered owners of the lands described in Schedule "A" ,hereto (hereinafter called the "Lands"); AND WHEREAS the Council has resolved to pass a b~-law rezoning the whole of Block A a~d the w~sterly 125 ~eet of Block B, P~an 698; AND WHEREAS the parties hereto have entered into a development agreement dated the 13th day of June, 1977; AND WHERiAS the partiei hereto consider it desirable to enter into a further a~reement pertaining to the Lands. NOW THEREFORE in consideration of the mutual agreement and covenants and promises contained herein, the parties hereto agree as follows: 1. The Owners agree that the Lands shall not be sold, conveyed or otherwise transferred except in conjunction with the whole of Block A and the westerly 125 feet of Block B, plan 698, and in the even, of such sale, conveyance or transfer, the Owners shall sell, conveyor transfer the ~ands to the same person as the person who will be the purchaser of the whole of Block A and the westerly 125 feet of Block B, Plan 698, so that the whole of the Lands and the whole of Block . . . 2 - , A and the westerly 125 fe~t of Block B, Plan 698, shall remain in common ownership.~ .2. The Owners agree that they shall not apply l II II '! for any building permit or permits on the Lands for any form of residential development, unless an application (whether initiated at the instance of the Town or the Owners) to rezone such Lands for commercial development has failed and all appeals to the Ontario Municipal Board have been un- successful. 3 . The Owners agree that prior to applying for a buildi~~ permit on the Lands, for any form of development other than residential,development, they will enter into a site plan agreement satisfactory to the Town and such building permit will be issued only in accordance with the approved site pla~ agreement. 4. The Owners agree that in the event that the Lands are sold, transferred or conveyed, the Owners will obtain the consent from such purchaser that they will be bound by the terms of this agreement. . '"' 5. This agreement does not preclude the entering into such further and other agreements as may be necessary for the orderly development of the Lands. 6. The Owners agree that the Town may register this agreement against the title to the Lands in the Registry Office for the Registry Division of Durham (No. 10) and the Town may enforce the terms of this agreement against the Owners of the Lands, subject to the provisions of the Registry Act and the Land Titles Act, R.S.O. 1970, against any and all subsequent owners of the said lands. IN WITNESS WHEREOF the parties here~o have hereunto set their hands and seals the day and year first . . . - 3 - \ 11 , above written, and the parties hereto have hereunto affixed their ,corporate seals by the lands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: ~ 4~~ Mayor 1'2 A' v ~// ~v (/ ,_~-CYerk 1..~ ' L,D.C.M. INVESTMENTS LIMITED, Per: ~~ BARMOND BUILDERS LIMITED, " Per: //~~~ . e --. SCHEDULE l'AI1 FIRSTLY ALL AND SINGULAR that c<;rtain parcel or tract of land and premis~s situate, lying and being in the Town o~ Newcastle, (formerly the Town of Bowmanville) in the. Regi?nal Municipality of Durham, and being the whole of Block B, Plan 698. SECONDLY ALL-AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle (formerly the Town of Bowmanville), in the ,Regional Municipality of Durha~, and being described as all that portion 'of' Lot 9, Concession 1, in the Town of Newcastle (formerly Town of Bovnnanvil1e) in the Regional Muni~ipality of Durham (formerly in the County of Durham) and parts of Lots 14, 15, 16, 17, 18, 19 and 20, accord- ing to a Plan of Subdivision of part of said Lot 9, Concession 1, made by John H. Reid, P.L.S. for J.A. Codd, which plan was deposited and filed in the Registry Office for the Registry Division of the West Riding of the County of Durham on the 26th day of March, 1882, and which lands are more particularly described as follows: . PREMISING that all bearings herein are astronomic and are referred to the meridian through the centre line of King Street at the ea~terlylimit of Lot 9, Concession 1, in long- itude 78 degrees 40 minutes West. COMMENCING at the intersection, marked by a monument, of the easterly limit of Lot 9, with a curved line drawn concentrically with and distant 60 feet measured southerly and radially from the centre line of construction of the King's Highway Number 2n and which said point of intersection is distant 30.78 feet measured south 17 degrees 48 minutes east along the easterly limit of Lot 9 from the southerly limit of the King's Highway Number 2; . - 2 - , , THE-NCE SOUTH WESTERLY 45.01 feet along the said curved line on a curve left of 512.96 feet radius, the chord equivalent being 45.0 feet measured sonth 75 degrees 32~inutes 50 seconds west to a monument; THENCE SOUTH 73 degrees 02 minutes west along a line d~awn parallel to and distant 60 feet measured southerly and perpen- dicularly from the said centre line of construction, a distance of 334.89 feet, more or less, to a monument in a wire fence existing in June, 1961; THENCE SOUTH 17 degrees 48 minutes east along the said fence 285.93 feet mora 6r less to an iron bar; THENCE NORTH 73 degrees 58 minutes 30 seconds east along a wire fence exis~ing in June, 1961, a distance of 380.0 feet more or less to a monument in the easterly li~{t of Lot 9; THENCE NORTH 17 degrees 48 minutes west along the easterly .~ limit 290.28 feet more or less to the point of commencement. -. SAVE AND EXCEPT that portion thereof taken for Highway purposes for purpose of widening Number Two Highway as shown in registered Instrument Number N3l849. , All of which parcel has an area of 2.52 acres, more or less, shown marked yellow on a plan of survey P-1680-23 attached to registered deed Number 1949B. ,'/' . ~ ' ~,; 3.)' ''t~?~ ( ,I , tJ;o. 14~:LO - q - - I 86426 No. i Land Registry Division of Newcastle (No, 10) I CERTIFY that this instrumentinegistered as of I J,'/.f9 P.M. I NOV 1 8 1977 in the land Registry Office Town of Newcastle Ontario, : ~--I.EGtrnWl PAID LAND RtG1STRY ,QFTICE NO. 10 .i; "X 04,0(.) 4~~~ DAfED: 8a2S . "-- BET WEE N: L.D.C.M. INVESTMENTS LIMITED I and BARMOND BUILDERS LIMITED and THE CORPQRATION OF THE TOWN OF NEWCASTLE y; .s ;-V't\.~ tr/lo ~ , -4 0 ~ DEVE~OPMENT AGREEMENT -.. .--'? -- SIMS MORTON McINERNEY & BRADY, Barriste~s and Solicitors, 117 King Street, Whitby, Ontario . , . THE REGISTRY ACT . CERTIFIED COPY UNDER SUBSECTION 1 OF SECTION 17 OF THE ACT Certified to be a true copy of an instrument registered or do~urnent deposited under No. .~.lf.':f. .~.~.. in the Registry Office for the Registry Division of Newcastle (10) Dated at Newcastle this .I.?dA., day of .~... 19. :1.7 f?..~... -R c' , rl or Deputy )/ #^ .' . . ~ .. THIS INDENTURE made this 21st day of October, 1976. BET NEE N THE CORPORATION OF THE TOlVN OF NEWCASTLE, hereinafter referred to as the "Town" OF THE FIRST PART and L.D.C.M. INVESTMENTS LUlITED and BARMOND BUILDERS LIMITED, both Corporations incor- porated under the laws of the Province of Ontario, hereinafter referred to as the "Developer" OF THE SECOND PART WHEREAS by an agreement dated the 19th day of 1-1ay, 1976, and registered the 22nd day of May, 1976, in the Registry Office for the Registry Division of Durham West ... , (No. 10) as Instrument No. 77549 (hereinafter called the "development agreement") the lands hereinafter described were charged to secure certain payments and obligations as therein provided; AND WHEREAS the Town is prepared to release the charge created by Section 17 of the said development agreement; Nm1 THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of Two dollars ($2.00) and other good and valuable consideration (the receipt and sufficiency whereof is hereby by the Town acknowledged) the Town does hereby release and discharge from the charge created by Section 17 of the development agreement, the lands hereinafter described, namely: .:,..., .' - 2 - ALL 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, and being composed of the whole of Block C, according to a Plan registered in the Registry Office for the Registry Division of Newcastle (No. 10) as No. 698 now designated as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, and 80 on a plan of Survey of Record regist- ered in the said Registry Office as No. 10R-609; - To have and to hold the same unto and to the use of the Developer, its successors and assigns and to and for its and their sole and only use forever freed and discharged from any charges, created by Section 17 of the said development agreement. WITI~ESS the corporate seal of the Town under the hands of its proper officers duly authorized in that behalf. THE CORPORATION OF THE TOl\TN OF NENCASTLE Per: . _~M'?~~ 11ayor I' ~ .......' -~.~... ~ ,lte . .. '> 84504 rifR~,W~~~t ~~i:i~~t~~~:~tCr:~;g~~t~r:~)as of I 1/:/3 !I.M. AUG 3 1977 in the land ~~ Registry Office Town of Newcastle .GlsOO Ontario. -PAID a 10 D~G\~t\t'i \WHet ~ · \.AND ~ . :p\Ooo DATED: octOiiJ 21st, 1976 ---,- . - - ~ R E LEA S E SI~SMORTON McINERNEY & BRADY, Barristers and Solicitors, 117 King Street, Wnitby, Ontario.