HomeMy WebLinkAbout78-77
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NO. 78-77
a by-law to authorize the entering into a Site
Plan Agreement with St. Mary's Cement Limited.
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
I. 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 an Agreement between St. Mary's
Cement Limited and the said Corporation dated 14th day of August
1978, which is annexed hereto on Schedule "A".
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READ a first, second and third time and finally passed this
14th day of August, 1978.
c:;ertrude E. Gr
Deputy Clerk
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rHIS AGREEMENT, made in quintuplicate this
14th
1978
d August
ayof .........,.A.D.t
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BETWEEN: THE CORPORATION OF THE T01VN OF NB~CASTLE, herinafter called the
"Municipality"
OF THE FIRST PART
-and-
ST. HARYS CEMENT LUUTED
hereinafter called the "Owner"
OF THE SECOND PART
WITNESSES THAT:
WHEREAS the lands affected by this Agreement, which are described as Schedule "A"
hereto, are hereinafter called the "said lands'! and are reported to be approximately
12.8 acres in total;
AND WHEREAS the Owner warrants that it is the registered owner of the said lands;
AND WHEREAS in this Agreement, "Owner" includes an Individual, an Association, a
Partnership or a Corporation and, wherever the singular is used ,herein, it shall
be construed as including the plural;
AND WHEREAS the Owner has applied to the Municipality for a Zoning By-law amend-
ment, hereinafter called the "Amendment", to permit the use of part of the said
lands for a concrete _batch plant and transportation yard;
NOW THEREFORE, in consideration of other good and valuable consideration and the
sum of One Dollar ($1.00) of lawful money of Canada, now paid by each of the
Parties hereto to each of the other parties hereto, (the receipt whereof is hereby
acknowledged), the Owner hereby covenants, promises and agrees with the Hunicipality
as follows:
SCHEDULES
1. The following Schedules, which are identified by the signatures of the Parties
to this Agreement and which are attached hereto together with all provisions con-
tained therein, are hereby made a part of this Agreement as fully and to all
intents and purposes as though recited in full herein:
Schedule "A"
"Legal Description of Said Lands"
Schedule "B"
"Site Plan of Batch Plant and Transportation Yard"
Schedule "c"
"Cost Estimates - Waverley Road"
COMPLIANCE WITH BY-LAWS~ STATUTES AND REGULATIONS
2. The Owner agrees that the development of said lands, the erection and
use of any buildings or structures and the operations of the said lands shall
comply with all applicable Municipal, Regionalt Provincial and Federal By-Laws,
statutes and regulations.
USE OF SAID LANDS
3. The Owner agrees that the said lands described as Parts I and 2 in Schedule
"A" hereto shall be used for no purposes other than those shown in Schedule "B"
hereto without the prior written consent of the Municipality. The Owner agrees
that the said lands described as Parts I and 2 in Schedule "A" hereto shall be
used for no purposes other than MQ1 Industrial requirements and such other uses
as may be permitted from time to time in the appropriate zoning by-law.
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PAYMENT OF TAXES
4. The Owner shall pay, at the time of execution of this Agreement, all Municipal
taxes outstanding against the said lands as set out in Schedule "A" hereto.. The
Owner also agrees to pay any Municipal taxes~ which may become due and payable by
it, prior to the sale by the Owner of any of the said lands.
LIABILITY OF OWNER
5. Until the Agreement has been approved by the Ontario Municipal Board, the
Owner shall indemnify the Municipality against all actions, causes of action,
suits, claims and demands vlhatsoever \vhich may arise directly or indirectly
by reason of the Owner undertaking the development of the said lands.
LAND DEDICATIONS
6(a). The Owner shall deposit with the Municipality a deed of conveyance in respect
of the lands described as thirdly and fourthly in Schedule "A" hereto for one foot
reserves and ten foot (10) road widenings.
6(b). The Municipality shall convey to the Owner parts 3, 5, 7 and 9 on Plan
IOR852 referred to in Schedule "A".
REQUIREMENTS FOR COMMENCEMENT OF DEVELOPrlliNT
7. Before any development of the said lands is commenced, in addition to any
other requirements contained herein, the Owner shall have obtained from the Munic-
ipality any entrance permits to allow vehicular access to the said lands from
a road abutting the said lands.
SERVICE DAMAGE OR RELOCATION COSTS
8. The owner agrees to pay the cost of repairing any damages to any existing
services and/or utilities, and the cost of relocating any existing services and/or
utilities caused by the development and/or operation of the said lands.
PREVENTION OF WATER POLLUTION
9. The Owner shall ensure that no grease, oil, rust or other similar waste
materials from the said lands are discharged or carried by runoff into any
natural or artificial watercourse.
REQUIREMENTS FOR COMMENCEMENT OF OPERATIONS
10. The Owner shall not permit the commencement of operations on the said lands
until the following conditions have been met:
(1) the required driveways and parking areas have been inspected and
approved by the Director of Public Horks as conforming to Schedule "B"
hereto;
(2) the required planting strips have been inspected and approved by the
Director of Public l.]orks as conforming to Schedule "B" hereto;
(3) the required deeds of conveyance to the lands described as thirdly and
fourthly in Schedule "A" hereto have been registered.
PERMISSION TO ENTER
11. The Owner or any subsequent owner shall permit a Municipal Inspector,
authorized by the Municipal Council, and/or the representatives of any other
public agency to enter the said lands to ensure compliance with the provisions
of this Agreement.
COST TO BE PAID BY THE O\VNER
12. Every provision of this Agreement by which the ~vner is obligated in any
way shall be deemed to include the words "at the expense of the Owner" unless
the context otherwise requires. The Owner shall reimburse the Municipality
for all administrative, planning, legal, engineering and inspection costs
incurred by the Municipality in connection with the development of the said
lands.
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COSTS TO BE PAID BY THE OWNER CON'T
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The parties shall by mutual agreement determine who shall bear the responsibility
for both the reconstruction and the cost thereof of Waverley Road abutting the lands
described in Schedule "A" and failing agreement, the Director, at his sole option
in writing shall decide whether the Owner or the Municipality shall undertake the
reconstruction of the Road. If the Director shall decide that the Owner shall under-
take the reconstruction, the Owner shall reconstruct the road in accordance with
Schedule "c" hereto to the design and standards required by the Director of
Works, within a reasonable period of time and shall reimburse the Municipality
for the actual cost of design and shall hold the Municipality harmless from all-
liability of whatsoever nature or cause for injuries caused to persons or property
in the course of reconstruction. If the Municipality shall reconstruct the road,
the Owner shall reimburse the Municipality for the actual cost of design and
reconstruction forthwith upon demand.
INTEREST ON UNPAID CHARGES
14. Interest at the usual Municipal rate shall be payable by the Owner to the
Municipality on all sums of money payable herein, which are not paid on the due
dates, calculated from such due dates. The due dates of any such sum of money
payable herein shall be thirty (30) days after the date of the invoice.
NOTIFICATION OF OWNER
15.
If any notice is required to be given by the Municipality to the Owner in
respect of this Agreement, such notice shall be mailed or delivered to:
St. Marys Cement Limited, 2200 Yonge Street, Toronto, Ontario M4S 2C6.
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or such address as the Owner has notified the Municipality in writing, and any
such notice mailed or delivered shall be deemed good and sufficient notice
under the terms of this agreement.
REGISTRATION OF AGREEMENT
16. The Owner hereby consents to the registration of this Agreement by the Municipality
and at the sole discretion of the Municipality, upon the title to the said lands.
INTEREST IN THE SAID LANDS
17. The Owner hereby charges all his interest in the said lands with the obligations
set out in this Agreement.
SUCCESSORS
18. This Agreement shall enure to the benefit of and be binding upon all of the
patties hereto arid its, his or her respective-heirs, executors, administrators,-
successors and assigns.
CONSENT OF ASSIGNMENT
.19. The Owner may assign this Agreement only with the written consent of the
Municipality.
IN WITNESS WHEREOF the parties hereto
the day and year first above written,
their Corporate Seals by the hands of
behalf:
have hereunder set their hands and seals
and the Parties hereto have hereunto affixed
their proper officers duly authorized in that
in the presence of:
) THE CORPORATION OF THE TOWN OF NEWCASTLE
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)(:+~TlNG- (Mayor) -.-
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SIGNED, SEALED AND DELIVERED
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SCHEDULS
itA"
FIRSTLY: all that portion of Lot ~nree-(3) according to Registered
Plan Number 694 of the Geographic To~mship of Darlington, formerly
in the County of Durham, more particularly designated as Parts One
(1) and T~TO (2) according to Plan 10 R 852, deposited in the Land
Registry Office for the Registry Division of Nevlcastle Uno), on
August 2, 1978. '
THIRDLY: All that portion of Lot Four (4) according to said
i Plan Number 694 more particularly designated as Part ~~elve
I on said Plan 10 R 852.
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FOURTHLY: All that portion of a one foot reserve Easterly adjacent
to Lot Four (4) according to said Registered Plan Number 694, more
particularly designated as Part Eleven (11) according to said Plan
10 R 852. '
THIS SCHEDULE is Schedule "A" to the Agreement which has been authorized
and approved by By-Law No. of the Corporation of the Town of
Newcastle enacted and passed the day of , 1978.
SIGNED, SEALED AND DELIVERED
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rt7 Clerk / /
~ ST. MARYS CEMENT LIMITED
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~CREDdLE "c"
e '{tVER.fEY ROAD RECONSTRUCTION - SOUTH OF HIGHWAY 401
"~fl.) NATURE OF WORK: Based on the following:
Road Allowance Width
Pavement Width
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1:
66 ft. I'
J,
32 ft. ~
18 ins.
6 ins.
4.5 ins.
Granular "B" depth
Granular "A" depth
Asphalt depth
Total length of Reconstuction ..................... 1,000 ft.
No electrical work or street lighting is included
Access into existing properties and the proposed
access into St. Mary's Cement has not been included.
It was felt there was no need for cross culverts,
therefore a costing has not been done.
~' __(b)
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FOR INFORMATION PURPOSES, THE ESTIMATED COSTS ARE:
Clearing, Grubbing & Ditching
$1,000.00
Excavation: 4,500 c.y. @ $2.25 per
10,000.00
Supply, Install & Compact Granular "B"
4,675 tons @ $4.00 per
Supply, Install & Compact Granular "A"
1,778 tons @ $5.00 per
18,135.00
8,890.00
Seeding & Mulching: 2,000 sq. yds. @ 30~ per
600.00
Supply, Install & Compact Asphalt
364 tons @ $16.50 per
Sub Total
6,000.00
$44,625.00
Engineering of Plans, Supervision, Inspection (13%)
5,800.00
f THIS SCHEDULE IS Schedule
approved by By-Law No.
enacted and passed the
TOTAL ESTIMATED COST
$50,425.00
"c" to the Agreement which has been authorized and
of the Corporation of the Town of Newcastle
day of , 1978.
SIGNED, SEALED AND DELIVERED
) THE CORPORATION OF THE TOWN OF NEWCASTLE
~ ;PJ3k<~~{~~
~ ~~<!-;;"'~- (Mayor) &;'
) ~1dL rp
~ ~. (ClerkY
)
) ST. S CEMENT LIMITED
)
) PRESIDENT
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~ ~~_/ SlCREtA~