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Home My WebLink About82-44• El THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 82- 44 being a By -law to authorize the entering into of an Agreement with Art's Woodwork Ltd. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 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 Corporation's seal, an Agreement between Art's Woodwork Ltd. and the said Corporation dated the W-2- day of 1;r-W1c 1982, in the form attached hereto as Schedule 'T'. 2. THAT Schedule 'T' attached hereto forms part of this by -law. BY -LAW read a first time this 13th day of April BY -LAW read a second time this 13th day of April BY -LAW read a third time and finally passed this April 1982 1982 1982 13th - day of Acting Mayor &I", D. W. OAKES, CLERK 4 • 0 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this /3 kdday of /�*Yc. 198 91-- B E T W E E N: - and - 14 ART'S WOODWORK I TCST'TITCD L!� hereinafter called the "OWNER" OF THE FIRST PART THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "TOWN" OF THE SECOND PART WHEREAS the lands affected by this agreement, are described in Schedule "A hereto and hereinafter referred to as the "said lands "; AND WHEREAS the Owner has represented to the Town that the said lands are registered in the name of Art's Woodwc(�k s hich is the beneficial owner of the said lands as stated in the affidavit attached to this agreement as Schedule "B"; AND WHEREAS the Owner proposes to erect an industrial building on the said lands; and has requested the Town to approve the said development pursuant to the provisions of By -law 79 -151; AND WHEREAS the Town has resolved to approve the said development pursuant to the said By -law 79 -151, provided that the Owner enter into this Agreement with the Town; AND WHEREAS the Owner acknowledges that the said lands wil not be serviced by a municipal sewer or water system, and that each building or structure to be erected or altered shall be serviced by a private well and a private sanitary waste disposal system as approved and /or required by the Durham Regional Health Unit. NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size, location, elevation and exterior architectural design of the building which the Owner proposes to erect on the "said lands ", which is hereby approved by the Town. r-- • • - 2 - 2. The Owner agrees that no buildings or structures, other than the building shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of such building the Owner will comply with the elevations, exterior architectural design, the location of the buildings on the lot and all other matters relating to the building shown on Schedule "C ". 3. PARKING AND LOADING The Owner agrees to provide and maintain off - street parking and driveway access in accordance with Schedule "C" and to do so in accordance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bituminious asphalt. No parking of vehicles shall be permitted on access or driveway areas which shall be signed and maintained as fire access routes to the satisfaction of the Fire Chief. Notwithstanding the foregoing the Owner agrees that the final surfacing of concrete or bituminious asphalt for the parking areas shown on Schedule "C" shall be completed within one year of occupancy of the proposed building. 4. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed garbage and waste storage facilities as may be required by the Town for the storage of garbage and other waste materials from the buildings on the said lands, in accordance with plans and specifications to be approved by the Director of Public Works and the Fire Chief. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required by the Director of Public Works and the Fire Chief. 5. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. 6. GRADING AND DRAINAGE The Owner agrees to undertake the grading of and provide for at his cost the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon in accordance with Schedule "C ". - 3 - 7. FLOODLIGHTING The Owner agrees to provide floodlighting of the "said lands" and building in accordance with plans and specifications to be approved by the Director of Public Works 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 a disturbance to residential uses adjacent to the "said lands ". 8. FENCING AND LANDSCAPING The Owner agrees to erect and maintain fences and plant and maintain, trees, shrubs or other suitable ground cover in accordance with Schedule "C" to provide adequate landscaping of the "said lands" and protection to adjoining lands. • 9. FIRE PROTECTION RESERVOIR The Owner agrees to provide and maintain, on site, in a location to be approved by the Fire Chief and Director of Public Works, a fifty thousand (50,000) litre fire protection reservoir. The Owner also agrees that prior to the issuance of any building permit the Town shall be provided with a performance guarantee in the form of cash or an irrevocable letter of credit issued by a chartered Canadian Bank in an amount equal to the works cost estimate for the • installation of the aforesaid reservoir. The Owner further agrees not to occupy the building to be constructed on the "said lands" prior to installation of the aforesaid reservoor. 10. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the "said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Town. 11. REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement against the title to the "said lands" and that the Town may enforce - 4 - the provisions of this Agreement against the Owner of the "said lands" and subject to the provisions of the Registry Act and the Land Titles Act, R.S.O. 1979, as amended, against any and all subsequent owners of the "said lands ". 12. APPROVAL OF COST ESTIMATES The Owner agrees that, prior to the issuance of any building permit for the building identified on Schedule "C" hereto, the estimated cost of construction and installation of the external works required by this Agreement, hereinafter called the "Works Cost Estimate" shall be approved by the Director of Public Works and annexed to this Agreement on Schedule "D". The said approved "Works Cost Estimate" shall be deemed to • have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether or not it is, in fact, entered in Schedule "D" hereto. 13. PERFORMANCE GUARANTEE REQUIRED (1) Prior to the issuance of any authorization to commence work, the Owner shall provide the Town with a "Performance Guarantee ", in the form of cash or an irrevocable letter of credit issued by a chartered • Canadian Bank in an amount equal to the "Works Cost Estimate ". The "Performance Guarantee" may be used by the Town as set out in clause 14 in the event that the Owner fails to satisfactorily meet the requirements of this agreement in respect of the provisions of the specified works and facilities. (2) All submissions made under clause (1) above, shall be approved by the Treasurer of the Town. 14. USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may, at any time, by resolution of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner or construct any works required by the Town under this Agreement. - 5 - 15. BUILDING PERMIT The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, building permits will be issued in accordance with the plans subject to payment of the usual permit fees and other fees as are payable under by -law currently in force in the Town and provided that all building plans comply with the Ontario Building Code and such other Municipal By -laws as may be relevant. 16. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two years hereinafter in this sentence referred to, the parties agree that the Town's approval of the site • plan and drawings referred to in paragraph number 1 hereof shall lapse upon the expiry of two years from the date of the execution of this Agreement. 17. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any building or buildings for which a permit may be issued under Paragraph 15 hereof as soon as is reasonably practicable following the issuance of any such permit. • 18. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. IN WITNESS WHEREOF the parties have hereto affixed their their hands and seals and /or corporate seals by the hands of their proper signing offices duly authorized in that behalf. ART'S W K SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF NEWCASTLE N� MAYOR CLERK LIST OF SCHEDULES A - Legal Description of Said Lands B - Affidavit of Ownership C - Site Plan including: Location of Buildings Landscaping and Fencing Floodlighting Grading and Drainage D - Works Cost Estimate • n U 1W , THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By -law No. 4A_ of the Town of Newcastle, enacted and passed the � day of //rs� , 198- -. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, and being composed of Part of Lots 27 and 28, Broken Front Concession in the Geographic Township of Darlington, in the Region of Durham and now described as Part 19 on a Registered Reference Plan deposited in the Registry Office for the Registry Division of • Newcastle (No. 10) as Plan lOR -708. • IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. ART'S WOODWORK L-IP94-TED e7-2) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. � � V�_ of the Town of Newcastle, enacted and passed the day of ) , 1982-. AFFIDAVIT OF OWNERSHIP I, ART SCHWAB, President of Art's Woodwork Ltd. say as follows: 1. I am the President of Art's Woodwork Ltd., described in the attached Development Agreement and as such have knowledge of the matters hereinafter deposed to. 71 �I - bl 2. Art Schwab, President of Art's Woodwork -6�4�ceived a conveyance in fee simple to the lands described in Schedule "A" hereto by a Deed registered as Part No. 19 Plan 1OR-708 for the Registry Division of Newcastle (No. 10) on the 1st day of March, 1979. The transfer was not subject to any mortgages. SWORN before me at the Town of Newcastle, in the Regional Municipality of Durham this day of 1),14,tx_k 1982 -M Com4lissioner, etc. Maxin-iie Edith Best, a Ce"'IMA .YSSIOT, (15r, C., judicd,11 DL�t.Hct of W1 ;,10 CwPol-c-don of iltr lown of Newc�astle. Expires july 6, 1982. PrART SCHWAB, President_ Art's Woodwork Ltd. P f L 1 ir. r Q• r \ ON ! B sellne Road l 0 0 r N X W Town of Newcastle REGION OF DURHAM Site Plan 10 R7 708 PART 19 LOT AREA = 58 40.704 M2 N7f&E-12,112, �-r \° BLDG. COVERAGE: 553.28 M2 PARKING SPACES REQ'D 6.0 LANDSCAPED AREA: 62.3% GROSS FLOOR AREA j 644.28 M2 / BUILDING HEIGHT s 11.0 M r N2 OF UNITS ONE UNIT ! 1 EX I S 0t L 1 1 I ( r 1 1 , L f, t F / W 104.0 ~1 i� N � N W 3 M 0 \ ti _ % a y� tiv O ` Ck ` x� N 73°20E 45.77 , o 70 BED A PHA LT _ ��,_ 3040 °O �O 26.00 . _ d. - - _ __-- -_ 0� of o o AREA L EFUS. L I G HY I N G I1 I M BO ARD E NC EE N C L O SU low , o f U-) GRAVEL SURFACE PROVIDED 15.0 SPACES nC1i XIQ THIS IS SCHEDULE -iG"`to the Agreement which has been authorized and arproved by Ry-law No, the Town of Newcastle, enacted and pa,s sed the / �- ,day of / 6?6z _C , 198.x- . IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized I in that behalf. O' 3' ug , ALL WORK INVOLVED IN CONSTR. , RELOCATION, REPAIR OF 1 j ' FjN. FL ELr 195.64 °0 �6 MUNICIPAL SERVICES FOR THE PROJECT SHALL SATISFY �► THE TOWNS a REGIONAL DEPARTMENT AT THE x /PLOAOING SLICE o EXPENCE OF THE DEVELOPER, 1 P 0 P. H P (IS 'r) o 'y�' N ALL DRIVEWAYS FROM PROPERTY LINES SHALL BE It I eU. ff x O WITHIN 10% MAX. ORADES ti ! i i } r �?, ` MAIN DRIVEWAY IN ACCORDANCE WITH 0 2^ ENTRANCEWAY POLICY. TO BE ASPHALT �''�,� as IK _ Nf, m �r %X PA ING SPA S \ P SO p 0 0 D B _ 1.0 �► C �( ,_,. r' �.- ` ice+- n- �...t: x.? ..•� !'..-; . � sa --s.r s � .,..,.: -.,o-. � '.,,I:. �•"'*A BIRCH QI T (146 CULV. �- `C -- 2 0Q\ 40 E c Oa'L - f7. 361 �� `a�"� PROP. 0.30�X 9.0 CULV. ro \ Oo► • o - 0 op.�► E I ST. 90 % R. 0. - o u r t i e 0 U f J o S I TE PLAN A � 1.400 ! SCHEDULE ART'S W00 WO r � --�"l) THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK 1 i ej 3 i i s i i i 3 4 i t 0 A L. M E T A L R 0 0 F I N 0 X�Imm; v ts z Mil NNIM"m offll Fall I T A N S T E E L S 1.0 1 N S 0 U T H E L E V A T 1 0 ZZ BROWN A RCN L BLOCK - - - - --------- W E S T E L E V A T 1 0 N f E E L S I D I N 0 w W-1 Ito 040-su E A S T E L E V A T I 0 N A L M E * T A L R 0 0 F I N 0 T A N S T E E L 3 I D I N 13 N 0 R T H E L E V A T 1 0 N of I ART I 3 WOODWORK LTD. 75 I ' ^ 2 � ^ ^ � ^ � 2 ` ^ 0'2qJ� wm ~ .' ^ b n / S T 0 R A L U N C H R 0 0&A ' � ./ ' .� ; .. ' ) / , � -^------T ~� 0 � N _ 8 E C _ �v _�m 1 ^ 50 ' —�---- -�'----^—^---~7 ' . 2 ND F ~ ~ R L A N 1: 100 ART'S WOODWORK LTD. ^ ;, I - ..' • • THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved by By -law No. D -J of_ the % Town of Newcastle, enacted and passed the ��_ day of 198. WORKS COST ESTIMATE (to be determined) a. 2 - 18" culverts installed $2,000.00 b. 3" asphalt on entranceway 2,000.00 c. Sodding and reshaping of ditch 1,500.00 d. Reinstatement of road or other services damaged by construction 500.00 e. 50,000 litre fire protection reservoir installed IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. i THE CORPORATION OF THE TOWN OF NEWCASTLE ` gCT�N,G AYOR - - -- - - - - -- - -�Z- E`ER -- } R Dirieia, aF f of i CEtm #w ft wrow is 40itiva (A ak DATED: 1982 At ApR 39 !f' �'a land BETWEEN: a v ARTS WOODWORK and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT 60 /� V d The Corporation of the Town Planning Department Municipal Offices HAMPTON, On o, LOB 1JO Fi1e/S P -1 -19 i �J [;