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HomeMy WebLinkAbout82-46Y`. THE CORPORATION OF THE TOWN OF NEWCASTLE • BY -LAW NUMBER 82- 46 • • being a By -law to authorize the entering into of an Agreement with G & D Elliott Limited. 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 G & D Elliott Limited and the said Corporation dated the l344,� day of M 11-Y , 1982, in the form attached hereto as Schedule "X". 4 2. THAT Schedule "X" attached hereto forms part of this by -law. BY -LAW read a first time this 13th day of April 1982 BY -LAW read a second time this 13th day of April 1982 BY -LAW read a third time and finally passed this 13th day of April 1982 0q Acting Mayor D. W. OAKES, CLERK 0'ay b rN RL Nor Rda 6 IdTB' �e e�ip .. By-law-No ........ ,o --------------- DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 1377--day of B E T W E E N: - and - 198 v G & D ELLIOTT LIMITED 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 G & D Elliott Ltd. who 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 addition to an existing legally non - conforming storage building located 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 site is not served by municipal services and that each building or structure requiring water or sanitary waste disposal shall be served by a private water supply and private sanitary waste disposal system as may be 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: - 2 - 1. Annexed hereto and marked as Schedule "C" is a site plan showing the size and location of the existing and proposed buildings which the Owner proposes to erect on the "said lands ", which shall be approved by the Director of Planning and the Director of Public Works. 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 location of the buildings on the lot and all other matters relating to the building shown on Schedule "C ". 3. PARKING AND ACCESS The Owner agrees to provide and and driveway access in accordance with vehicles shall be permitted on access be maintained as fire access routes to Chief. 4. GARBAGE AND WASTE maintain off - street parking Schedule "C ". No parking of Dr driveway areas which shall the satisfaction of the Fire (a) The Owner agrees to provide and maintain garbage and waste storage facilities as may be required for the storage of garbage and other waste materials from the buildings on the said lands. (b) The Owner further agrees to remove garbage and other waste materials as often as may be required. 5. SNOW REMOVAL The Owner agrees to remove snow from access routes, driveways and parking areas, as soon as reasonably possible following 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 such a manner that waste water will not interfere with the use or enjoyment of adjacent properties or open road allowances. - 3 - 7. FLOODLIGHTING The Owner agrees 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 The Owner agrees to maintain fences or other suitable screening between outdoor storage areas and abutting public highways in accordance with Schedule "C ". 9. SIDEWALKS NOT APPLICABLE 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, subject to thirty (30) days written notice and the mutual consent of the parties hereto, against the title to the "said lands" and that • the Town may enforce 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 any external works required by this Agreement, hereinafter called the "Works Cost - 4 - 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 to the Town under this Agreement by the due date of the invoice of such costs. 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. • • - 5 - 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 corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED G & D ELLIOTT �IMITE THE CORPORATION OF THE TOWN OF 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 • • THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By -law No. 9'X-`/4 of the Town of Newcastle, enacted and passed the J3 f%k- day of 09; N 1982 . LEGAL DESCRIPTION OF SAID LANDS 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 (formerly in the Township of Clarke, in the County of Durham), in the Province of Ontario, and being composed of part of Lots 3 and 4, Concession 2, former Township of Clarke, the boundaries of the said parcel being described as follows: Bearings herein are astronomic and are referred to the meridian through the south -west angle of Lot 35, Concession 2, Township of Hope; COMMENCING at an iron bar planted at the point of intersection of the northerly limit of the King's Highway Number 2 as shown on Registered Plan Number 599 for the former Township of Clarke and the easterly limit of said Lot 3; said iron bar being distant northerly 174.48 feet in the said easterly limit from an iron bar marking the south - easterly angle of said Lot 3; THENCE North 18 degrees 11 minutes west along the easterly limit of said Lot 3 a distance of 380.12 feet to an iron bar; THENCE South 77 degrees 41 minutes west in and along a wire fence a distance of 663.22 feet to a point; THENCE North 18 degrees 11 minutes west a distance of 616.85 feet to . a point; THENCE South 73 degrees 24 minutes west a distance of 662.79 feet to a point; THENCE North 18 degrees 04 minutes 50 seconds west a distance of 2049.32 feet to an iron bar; THENCE South 76 degrees 41 minutes 40 seconds west in and along a fence a distance of 817.21 feet to an iron bar; THENCE South 77 degrees 17 minutes 50 seconds west continuing along the said fence a distance of 40.50 feet to an iron bar; THENCE South 17 degrees 45 minutes east a distance of 2732.22 feet to an iron bar planted in the northerly limit of the King's Highway Number 2 as shown on Registered Plans Numbers 599 and 1029 for the former Township of Clarke; THENCE North 83 degrees 25 minutes east in and along the said northerly limit a distance of 1836.11 feet to a point; THENCE North 86 degrees 39 minutes east continuing along the said • northerly limit a distance of 408.82 feet more or less to the point of commencement. THE HEREINABOVE described lands containing by admeasurement 73.046 acres be the same more or less. SUBJECT to an easement in favour of the Hydro Electric Power Commission of Ontario and being more particularly described in Instrument Number 8867 for the former Township of Clarke. IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. jG & D LIOTT kIMITEV ` r THE CORPORATION OF THE TOWN OF NEWCASTLE J MAYOR r THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By -law No. PI-4/4 of the Town of Newcastle, enacted and passed the /3 ' It* day of /0RI t , 1981 - . AFFIDAVIT OF OWNERSHIP I, GEORGE F.ELLIOTT, President of G & D ELLIOTT LIMITED, say as follows: 1. I am the President of G & D Elliott Limited, described in the attached Development Agreement, and as such have knowledge of the matters hereinafter deposed to. 2. G & D Elliott Limited received a conveyance in fee simple to the lands described in Schedule "A" hereto by a Deed registered as Instrument Number registered in the Registry Office for the Registry Division of Newcastle (No. 10) on the day of 19 . The transfer was not subject to any mortgages. SWORN before me at the ) Town of Newcastle, in the ) �' Regional Municipality of ) Durham ) GEORG EEL I TT, P r e s i -de nt this t_R day of Ma,,.4 ) G & D EL `IOTT LIMITED 1982 ) Marjorie Edith Best, a commissioner, etc, J dicic.l Listzict of FDr.rham, for The Ccapomtion of the down of Newcastle. Expires July 6, 1�82.'Y� � • n �J .. --^ ... , - -0 .- . w - - I NOTE: Those areas identified as "subject to seasonal wetness" are located within an area identified as flood susceptible under Regional storm conditions, by the Ganaraska and Region Conservation s 6 V n J n a' J J Q lei • 100 200 400ft. 200 50 THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by By -law No. 82- 416 of the Town of Newcastle, enacted and passed thisisjtday of /A- 1982 IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. G & D LIOTT �IMITED � THE CORPORATION OF THE TOWN OF NEWCASTLE �— rwrUW CLERK • THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved by By -law No. g Z- (f h of the Town of Newcastle, enacted and passed the 13, Zhl day of I A.1j,L , 1982. WORKS COST ESTIMATE NOT APPLICABLE IN WITNESS WHEREOF the parties have hereto affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. G & D ELLIOTT '7,0,42 XP V11— THE CORPORATION OF THE TOWN OF DATED: 04- -c� t 1 -0 - 1982 B E T W E E N: G & D ELLIOTT LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB UO File: