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HomeMy WebLinkAbout82-52f THE CORPORATION OF THE TOWN OF NEWCASTLE • BY -LAW NUMBER 82- 52 being a By -law to authorize the entering into of an Agreement with Beverly R. Heath. 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 Beverly R. Heath and the said Corporation dated the 30th day of March, 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 26 day of April 1982 BY -LAW read a second time this 26 day of April 1982 BY -LAW read a third time and finally passed this 26 day of April 1982 CJ File No. ------- G. B. RICKARD, MAYOR kat,,_C - ae;-� - D. W. OAKES, CLERK y , By -law No. t DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of 198 B E T W E E N: BEVERLY R. HEATH THE FIRST PART - and - hereinafter called the "OWNER" OF 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 BEVERLY R. HEATH 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 and expansion to the existing motel on the said lands; and has requested the Town to approve the said development pursuant to the provisions of By -law 41 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 lands are not presently serviced by a municipal sewer or water system and agrees that each building or structure to be erected or altered shall only be serviced by a private well and a private sewage disposal system as approved and /or required by the Durham Health Unit until such time as sanitary sewers are available to the site at which time the Owner agrees to connect to such sewer system. 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, location, elevation and exterior architectural design of the building which the Owner prooses to erect on the "said lands ", which is hereby approved by the Town. 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, 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 plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C ". 7. FLOODLIGHTING The Owner agrees to refrain from erecting or using any form of illumination wich 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 plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adquate landscaping of the "said lands" and protection to adjoining lands. 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 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 ". v J -3- 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 plans and specifications to be approved by the Director of Public Works and annexed to this agreement as a portion of Schedule "C ". 7. FLOODLIGHTING The Owner agrees to refrain from erecting or using any form of illumination wich 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 plans and specifications to be approved by the Director of Public Works and the Director of Planning to provide adquate landscaping of the "said lands" and protection to adjoining lands. 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 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 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 19 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 - 4 - 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 19 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 - 5 - 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 hands and seals and /or corporate seals by the hands of their proper signing offices duly authorized in that behalf. SIGNED, SEAL D AND DELIVERED THE CORPORATION OF THE TOWN OF f 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 KI r i ' I THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By -law No. � '��i of the Town of Newcastle, enacted and passed the )4 /1-- day of 46°-_"--"'1 , 198) LEGAL DESCRIPTION OF SAID LANDS (metes and bounds description to be provided by Owner) FIRSTLY: 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 County of Durham) and being composed of part of Lot 31 in the 2nd Concession of the Geographic Township of Darlington described as follows: COMMENCING at a concrete monument in the intersection of the south- erly limit of Highway No. 2 as widened with the westerly limit of Lot No. 30 of the said Township, said intersection being distant South 18 degrees 1 minute east in the said westerly limit of Lot No. 30 a distance of 1197 feet 9 inches from the northwest angle of said Lot No. 30; THENCE South 75 degrees 52 minutes west, 1125 feet 7 inches to a point in the southerly limit of Highway No. 2 as widened, said point being • at the place where the said limit of Highway No. 2 intersects a fence running southerly, said point being the place of beginning of the lands being conveyed herein; THENCE South 18 degrees 36 minutes east in and along said fence 255 feet 2 inches to an iron pipe planted; THENCE South 71 degrees 24 minutes west, 132 feet to an iron pipe; THENCE North 18 degrees 36 minutes west, 250 feet 10 inches to a point distant 132 feet more or less from the west limit of Lot No. 31, said point being on the south boundary of Highway No. 2; THENCE Easterly in a straight line along the southerly boundary of Highway No. 2 as widened, 132 feet more or less to the place of beginning. SECONDLY: 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 Part of Lot 31, in the Second Concession of the Geographic Township of Darlington, now designated as Part 1, Plan 1OR -670, deposited in the Land Registry Division of Newcastle (No. 10) on November 1, 1976. IN WITNESS WHEREOF the parties have hereto affixed their hands and seals and /or corporate seals by the hands of their proper signing officers duly authorized in that THE CORPORATION OF THE TOWN OF NEWCASTLE may-pr Cler cam• --T�J, c/s 0 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 ��-i� -- 198'. AFFIDAVIT OF OWNERSHIP (to be provided by Owner) I, BEVERLY ROBERT HEATH, of the Town of Newcastle, in the Regional Municipality of Durham, solemnly declare as follows: 1. I am the registered and beneficial owner of the lands described in Schedule "A" to this agreement. AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the Town of Whitby, in the Regional Municipality of Durham, this 3�_day of , 1982. A issioner, etc. Beve'ly Robe t Heat 0 r: THIS IS SCHEDULE "C" to the Agreement which has been authorized and approved by By -law No. �'*-"-- S� of the Town of Newcastle, enacted and passed the -" tk day of 46� , 198 L. IN WITNESS WHEREOF the parties have hereto affixed their hands and seals and /or corporate seals by the hands of their proper signing officers duly authorized in that behalf. BLIVEIZLY A THE CORPORATION OF THE TOWN OF NEWCASTLE CLERK i I �� .# Deed n°– Pa DVE & DURHAM CO. II MITGD •� u AFFIDAVIT OF SUBSCRIBING WITNESS I, DAVID J. D. SIMS of the Town of Whitby in the Regional Municipality of Durham make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at Whitby by Beverly R. Heath *See footnote *See footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Town of Whitby in the Regional Municipality of Durham � P this �Q "-day of 19 5;;"7 • MARY SALIBA. !!� e0011111 A COMMIfeIONlR POR I. INO Z".."Y T .Judicial District o Dwho% for Sims, Brady i 1►Aol1 � ExpMa dwu 1QIItr 1�y�;(� + Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "after the instrument had been read to him and he appeared fully to understand it ". Where executed under a power of attorney insert "(name of attorney) as aKOrney for (name o} patty) "; and Jor next claw¢ substitute "I verily believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for (nameY'• i L J • If attorney see footnote Strike out inapplicable clauses. **Not a Matrimonial Home, etc. See footnote. I /WE of the in the make oath and say: AFFIDAVIT AS TO AGE AND SPOUSAL STATUS When executed the attached instrument, I /WE at least eighteen years old. Within the meaning of section 1(f) of The Family Law Reform Act, 1978: - a) I was a spouse. b) We were spouses of one another. c) was my spouse. Resident of Canada, etc. (SEVERALLY) SWORN before me at the this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC *Where affidavit made by attorney substitute: "When I executed the attached instrument as attorney for (name), he /she was (spousal status and, if applicable, name of spouse) within the meaning of Section 1(f) of The Family Law Reform Act, 1978, and when he /she executed the power of attorney, he /ehe had attained the age of majority ". **Where spouse does not join in or consent, see Section 62(s) of The Family Law Reform Act, 1978 (or complete separate affidavit). • DATED: No. Registry n;v'C' ^n ^t Newcastle (NO- 10) as CERTIFY that this 'rhalumeat is °� 0 February 5th JOL . -,� A v n B E T W E E N BEVERLY R. HEATH Land Re*hY a n d Office at - Bowmawdle. Ontario, OQ 1982 THE CORPORATION OF THE TOWN OF NEWCASTLE ,A, 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 1J0 File: S— P -1 -17 4k • r