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HomeMy WebLinkAbout82-47• L� CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 82- 47 being a By -law to authorize the entering into of an Agreement with Beaucage Holdings 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 Beaucage Holdings Limited and the said Corporation dated the 25th day of February, 1982, in the form attached hereto as Schedule "X". 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 D. W. OAKES, CLERK • File No. . _ SCHEDULE "X" to BY -LAW NUMBER 82 -47 V 5(b I 0 DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 5 �� day of 1962 B E T W E E N A N D . BEAUCAGE HOLDINGS 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 Beaucage Holdings Limited which 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 the existing nursing home 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 warrants that the said lands are presently connected to municipal water and sanitary sewer services from the Highway Number 2 frontage of the said lands. NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as • • L� - 2 - follows: l v S (KJ 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 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 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. 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, 3 - driveways, parking areas, loading areas and walkways within • twelve (12) 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 ". 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 ", and to provide adequate landscaping of the "said lands" and protection to adjoining lands. 9. SIDEWALKS The Owner agrees to reconstruct or repair, to the Town's specification, a sidewalk along those portions of which abut the "said lands" and which may require reconstruction or repair as a result of the construction of the building and structures to be erected on the "said lands ". 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 the provisions of this agreement against the Owner of the F i, - 4 - 0 "said lands" and subject to the provisions of the Registry 0 • Act and the Land Titles Act, R.S.O. 1979, as amended, against any and all subsequent owners of the "said lands ". The Owner further agrees to reimburse the Town for all reasonable costs associated with the registration of this agreement. 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 s 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. - 5 - 14. USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may, at any time, by resolution of the 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. 16. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two (2) this sentence referred to, the parties approval of the site plan and drawings number 1 hereof shall lapse upon the e from the date of the execution of this 17. CONSTRUCTION COMMENCEMENT years hereinafter in agree that the Town's referred to in paragraph xpiry of two (2) years Agreement. 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 • • • IV S(14J - 6 - affixed their corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED this day of February, A.D. 1982 at per: per: per: BpU4CAGE HOLDINGS LIMITE 141� I Idj'v i THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK IV��K� THIS IS SC11LllULL "A" Lc Lliu AyluumunL which has beun auLliorized and approved by By -law No. of the Town of Newcastle, enacted and passed the day of , 198 . 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 Bowmanville, in the County of Durham and being composed of part of Town Lot Number Two as shown on the Plan of the Town of Bowmanville made by C.G. Hanning, P.L.S., dated the 30th day of June, 1869, which plan is in the Registry Office for the Registry Division of the West Riding of the County of Durham, as a subdivision of a part of original Township Lot Number Nine in the lst Concession 4pof the Township of Dalington, in the County of Durham, and may be described as follows: PREMISING that the southern limit of said Lot Two and the Northern boundary of King Street or Kingston Road is north 74 degrees 59 minutes east and relating all bearings herein thereto, then: COMMENCING at a point in the southern limit of said lot two and in the northern boundary of King Street or the Kingston Road at a point distant easterly in the said northern boundary of Kingston Road 477 feet 5j inches from the south west angle of lot one according to the said C.G. Hanning Plan, which angle is the point of intersection of the dividing line between Township lots 9 and 10 with the said northern boundary of Kingston Road; THENCE north 12 degrees 1j inches; THENCE south 74 degrees THENCE south 16 degrees THENCE north 74 degrees the point of commenceme 54 minutes west a distance of 250 feet 59 minutes west a distance of 86 feet; 07 minutes west a distance of 250 feet; 59 minutes east a distance of 72 feet to nt. • • THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By -law No. of the Town of Newcastle enacted and passed the day of 198 . AFFIDAVIT OF OWNERSHIP I, RUTH BEAUCAGE, of the Town of Bowmanville, in the Province of Ontario MAKE OATH AND SAY as follows: 1, I am President of Beaucage Holdings Limited and as such have knowledge of the matters hereinafter referred to. 2, Beaucage Holdings Limited is the registered owner in fee simple of the lands described in Schedule "A" hereto. SWORN BEFORE ME at the ) City of in the Atw) t /I/u H7,p 8 t! t Lit i -rd r'l. _1 C� ) this _)Sr" day of -� fi4c.«��� ) RUTH BEAUCAGE A.D. 1982. ) (. A Commission r etc. CAM TPAMONMM a Commissioner � tWft f A k- NN. PrwArm of Ontario, Barristers i solb46m- M APrM a • 198& No. SUM THIS IS SCHEDULE "C" to the Agreement which has been authorized 0 and approved by By -law Nu. and passed the day of 0 ul Lhe Town of Nuwca_(;Llu, unacLed 1 198 . ✓ �Clc THIS IS SCHEDULE "D" to the Agreement which has been authorized 40 and approved by By -law No. of the Town of Newcastle, enacted and passed the day of 198 . WORKS COST ESTIMATE • • DATED: • 1982 B E T W E E N BEAUCAGE HOLDINGS LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DEVELOPMENT AGREEMENT T.T. Edwards, M.C.I.P. Director of Planning The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON Ontario LOB 1JO File: lJ� n