HomeMy WebLinkAbout82-89THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 82- 89
being a By -law to authorize the entering into of an Agreement with
Canadian Foresters (Eastern) Group.
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 Canadian Foresters (Eastern)
Group and the said Corporation dated the AAmd day of 0 , 1982,
in the form attached hereto as Schedule "V .
2. THAT Schedule 'T' attached hereto forms part of this
by -law.
BY -LAW read a first time this 5th day of July 1982
BY -LAW read a second time this 5th day of July 1982
BY -LAW read a third time and finally passed this 5th day of
July 1982
4w
/�
.,"6VAYOR
D. W. OAKES, CLERK
File No ( :. `/_� .- - - - - --
i
DEVELOPMENT AGREEMENT MADE (in q ui ntu 1 i cate ) this 2--
day of
198-,1,-
BETWEEN:
- and -
CANADIAN FORESTERS PROJECT (EASTERN) GROUP,
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
0 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 Canadian Foresters Project (Eastern)
Group, 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 a senior citizens apartment,
incorporating an existing office 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 warrants that it has entered, or will,enter
into an Agreement with the Regional Municipality of Durham, for the
provision of services from the Liberty Street frontage.
NOW THEREFORE, in consideration of the mutual agreements and
0.
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 shall be approved by the Director of Planning and the
Director of Public Works.
By-law No ........ _aQ
i
i
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1.(a) 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 ".
2. DEVELOPMENT LEVIES
The Owner agrees to pay to the Regional Municipality of Durham
and the Town all Regional_ or Municipal development levies applicable
to the proposed development unless otherwise mutually agreed.
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 Qirector
of Public Works and the Fire Chief.
(b) The Owner further agrees to remove garbage and other
0.
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.
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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 by means of
an on -site storm sewer system, with connections to municipal storm
sewers 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 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 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
The Owner agrees to reconstruct or repair, to the Town's
specification, a sidewalk along those portions of Liberty Street
which abut the "said lands ". '
10. APPROVAL OF PLANS AND SPECIFICATIONS
The Owner agrees that the issuance of any building permit in
respectf the "said lands" shall be prohibited until all plans and
specifications required pursuant to this Agreement have been approved
by the Town.
il. 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
► -4k
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lands" and subject to the provisions of the Registry Act and the Land
Titles Act, R.S.O., 1980, as amended, against any and all subsequent
owners of the "said lands ". The Owner further agrees to reimburse
the Town for all reasonable legal fees associated with undertaking
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
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. PERMITS
The Town agrees that upon the Owners 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.
The Town further agrees that upon the Owners complying with
provisions of By -law 76 -25, as amended (Sign By -law), sign permits
will be issued in accordance with said By -law subject to payment of'
the usual permit fees currently in force.
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.
110 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.
SIGNED, SEALED AND DELIVERED
I CANADIAN FORESTERS PROJECT (EASTERN)
I GR P
a
i
� �-PRESIDENT
SEQRETARY-
THE CORPORATION OF THE TOWN OF
NEWCASTLE
AY R
A
A
C
N
LIST OF SCHEDULES
Legal Description of Said Lands
Affidavit of Ownership
Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
Works Cost Estimate
f 'IN
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By -law No. 81-8 9 of the Town of Newcastle, enacted
and passed the s /* day of )X_� , 198 -.
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
ADDENDUM "I" ATTACHED HERETO FORMS SCHEDULE "A"
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
V.
CANADIAN FORESTERS PROJECT
( EASTERN) CGROUP �--
PRESIDENT
SECRETARY
THE CORPORATION OF THE TOWN OF
NEWCASTLE
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CLERK
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ADDENDUM "I" to
cruFniu F A
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Newcastle, Regional Municipality of Durham, (formerly in
the Town of Bowmanville, County of Durham), in the Province of Ontario being part t.
of the original Township Lot Eleven (11) in the First Concession of the
Geographic Township of Darlington, and being composed of part of Lots Three (3)
and Seven (7), Block 34, according to a plan registered in the Registry Office
for the Registry Division of Newcastle ( #10) by C. G. Hanging. P.L.S., (dated
June 30, 1869), the boundaries of the said parcel being described as follows:
PROISING that the bearings are derived from the Easterly limit of Liberty
Street, in the former Town of Bowmanville, having an astronomic bearing of North
17 degrees 26 minutes 30 seconds West as shown on a Plan of Survey dated April
24, 1968, by M. D. Brown, O.L.S., registered as Instrument Number 37155, and
relating all bearings herein thereto;
COMMENCING at a point in the Westerly limit of Liberty Street, distant 264.10
feet, measured South 17 degrees 26 minutes 30 seconds East along the said
Westerly limit of liberty Street from the North -East angle of said Township Lot
11, Concession 1;
THENCE South 71 degrees 45 minutes 30 seconds West, 166.UO feet;
THENCE North 17 degrees 26 minutes 30 seconds West, 104.00 feet;
0 THENCE South 72 degrees 02 minutes 30 seconds West, 201.50 feet;
THENCE South 17 degrees 26 minutes 30 Seconds East, 36.00 feet;
THENCE South 71 degrees 47 minutes 30 seconds West, 15.00 feet to the Easterly
limit of Lot 8, Block 34;
THENCE South 18 degrees 50 minues East along the said Easterly limit of Lot 8,
69.00 feet to the North -East corner of Lot 9, Block 34;
THENCE South 19 degrees 12 minutes 30 seconds East along the Easterly limit of
the said Lot 9, 83.92 feet to the Southerly limit of the said Lot 3;
THENCE North 81 degrees 38 minutes 30 seconds East along the said Southerly limit
of said Lot 3, 383.00 feet to the said Westerly limit of Liberty Street;
THENCE North 17 degrees 26 minutes 30 seconds West along the said Westerly limit
of Liberty Street, 149.67 feet more or less to the POINT OF COMMENCEMENT.
SAYING AND EXCEPTING THEREUUT AND THEREFROM all that portion of said Lot 3, Block
34, more particularly designated as Part One (1) according to Flan 1OR -1497
deposited in the Land Registry Office for the Registry Division of Newcastle
( #10) on July 20, 1982.
TOGETHER WITH a right of way for persons and vehicles over that Portion of- said
Lot 3, Block 34, more particularly designated as Part One (1) according to Plan
JOR -1497 deposited in the Land Registry Office for the Registry Division of
Newcastle ( #10) on July 20, 1982 until such time as the said lands are designated
as a public highway.
.
7
THIS IS SCHEDULE "B" to the Agreement which has been authorized and
4
approved by By -law No. 8z -89 of the Town of Newcastle, enacted
and passed the J ft day of 198
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
I, MILT DAKIN, President of Canadian Foresters Project (Eastern)
Group, say as follows:
1. I am the President of Canadian Foresters Project (Eastern)
Group, and as such have knowledge of the matters hereinafter deposed
to.
• 2. Canadian Foresters Project (Eastern) Group received a
conveyance in fee simple to the lands described in Schedule "A"
hereto by a Deed registered as Instrument Number I M &L(c
registered in the Registry Office for the Registry Division of
Newcastl e- ( No. 10) on the 10'" ` day 1982. The
transfer was not subject to any mortgages.
SWORN before me at the
Town of Newcastle, in the
• Regional Municipality of Durham
this 14th day of October, 1982 MILT DAKIN, President
r ,oath Fast, Commissioner. P �:.,) Canadian Foresters Project
(Eastern) Group
J_�. —i. � District of Durhslau, for The _
Corporation of the TowvL of Newcastle.
Expires July 6, 1985. .
0.
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KI
THIS IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By -law No. E\.-q7 of the Town of Newcastle, enacted
and passed the S14 day of + 198 L.
The attached plans, being:
L1 - Landscape;
Al - Grading and Site Plan; and
A13 - Elevation
form Part of Schedule "C" to 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. ,
CANADIAN FORESTERS PROJECT
(EASTERN) GR UP
PRESIDENT
THE CORPORATION OF THE TOWN OF
7 77
GENERAL NOTES: 10�5 7 �i�
77-- poftl 0�%)D 61.417
K MUST CONFORM WITH THE GENERAL LANDSCAPE SPEC IF I CATIONS OF N 72'0 02'30 5.1
GENERALLY:- -.-ALL SITE WOR . .......... /--v r--,
LANDSWE -ONTARIO #103, 3034-RALSTAN RD,
"LANDSCAPE -ONTARIO". COPIES CAN BE OBTAINED FROM . -1;7
MISS ISSAUGA. ONTARIO, L4Y M. PHONE: 276-6177.
A 46
SEED'." dw A i A i
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SEED AREAS BARKED 170 ro
D SEEDED WITH NO. I MIXTURE 50% MERION BLUE AND 50"' KENTUCKEY BLUE GRASS
PLANTING:
SEED OVER 100 MM OF CLEAN TOPSOIL.
TING BEDS TO SPECIFIED DEPTH -WITH THE FOLLOWING MIXTURE:
PREPARE ALL PLAN z
SIX PARTS OF SANDY LOAM; ONE PART OF FINELY PULVERIZED CANADIAN PEAT .MOSS:
ONE 'PART OF WELL-ROTTED HORSE OR COW MANURE AND PLACE "AGRIFORM" PLANTING
TABLETS z 20-10-5 (OR APPROVED EQUAL) IN PLANTING BEDS TO MMFACTURER'S N 710 47 1 30k' E
4-
4.572 0 $ i p o
CP 17
SPECIFICATIONS.
0
PLANT SHRUBS -IN CONTINUOUS PLANTING BEDS (Na GRASS BETWEEN PLANTS1. EXCAVATE ENTIRE + + // �Iv CT
AREA OF SHRUB- BEDS UNIFORMLY TO SPECIFIED DEPTH AND ALL WITH SPECIFIED TOPSOIL. coo C
PLANTING PITS ON THE SLOPE MUST BE COMPLETED IN A FASHION THAT EXCESS WAT � CAN EASILY
'L -1--- 7, \
ESCAPE. ZI: of�
USE PLANTING MATERIAL TRUE TO NAME, SIZE, OR GRADES, AS SPECIFIED AND�,,CONFORMING TO THE 0. 7
STANDARD'S OF THE CANADIAN NURSERY TRADES ASSOCIATION.
TIMBER:
ALL WOOD TO BE NO. I DRESSED CEDAR OR PRESSURE TREATED RED PINE, JACK PINE, OR APPROVED
------------------
EQUAL
01\
PRESSURE •TREATMENT TO BE WITH COPPER CHROME ARSENATE OR OTHER WATER-BORNE CHEMICAL, IN
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ACCORDANCE WITH CSA-080. ox, \0
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GUARANTEE.:
ALL WORKMANSHIP-AND MATERIALS ARE TO BE GUARANTEED FOR A PERIOD OF ONE 0 YEAR.
FURTHER, ALL REPLACEMENTS ARE TO BE GUARANTEED FOR A 'PERIOD OF ONE 01 .YEA R. ` t �` _
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NOTES:' -1. ANY PLANT MATERIAL OR. PLAY EQUIPMENT SUBSTITUTIONS-.REQ41RES T1iF_ APPROVAL OF THE
...........
TOWN OF REWCASTLE. Coo
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FENCING SHALL BE MINDAUM TO BE PROVIDED. �: A. 1.
2. PLANT MATERIAL-, PLAY EQUIPMENT AND
over,
WLOPER. E
BY THE BE
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TA. COMMON NAME, CALIPER HEIGHT. SPREAD '-ROOT QUANTITY 0 %
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ACE SUGAR MAPLE 3750+ goo+- S$
C T ILLA CORDATA, EVEN GLENLEVEN 'LINDEN' 65+ a7 5 0+ S8
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N JUNIPERUS 'HORIZLkTALIS: 'PLUMOSA' ANDORRA JUNIPER 400+ POT-TED 48
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R NALUS MCERLANASII PROFUSI-ON PROFUSION-CRAB APPLE .1500* 900+ S8 3
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T CORNUS ALBA 4ELEGANTISSIMA4 SILVERLEAF DOGWOOD 600+ POT ED 2,7
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U SYRINGA VULGARIS COMMON LIILAC
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WITH C
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2 WEIGELA 'BRISTOL RUBY' 30 A
• BRISTOL RUBY, WE 600+ POTTED I , e
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PURPLE SMOKETREE 4SO+ 10-
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OD 600+
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POTTED P
IX POLYGONUM AUBERT11 SILVER LACE VINE POTTED 23
ALL, QUANTITIES NOTED IN THE LIST OF PLANT MATERIAL ARE TO BE CHECKED BY THE LANDSCAPE COXTRACTOR., Aj'j'
Y.
DISCREPANCIES ARE T4-$E REPORTED TO THE 'LANDSCAPE ARCHITECT. Ll
THE -QU, NTITIES INDICATED, ON THE DRAWINGS SUPERSEDE -THE TOTAL QUANTITY IN THE LIST OF PL e0l
N 7 2.0 0�2�
ANT MATERIAL. 4
A�LENT MATERIAL SIZES ARE GIVEN IN MM (METRIC)
n
'0 ' - 7:Z;-
First Floor Existing
Rear
Second Floor Over Existing
Rear
Third Floor Rear
Totals
I bed
I bed handi—
capped
Forestree Place', Bowmanville
3 bed super-
-intendent
Total
T_
Building Data
17
Gross - Floor Areas:
4
17
Basement
-23,973-
SF
276.3
SM
Ground Floor
Existing
33W3
SF
362.7
SM
Rear Addition
11 3,•31
SF
1071.7
SM
Second Floor
Addition on Existing
31,299
SF
306.6
SM
Rear Addition
ll..,450
SF
1064.1
SM
Third Floor
Rear Addition
10,643
SF
989.1
SM
433,799
SF
4070.5
SM,
Accomiodation
Data:
First Floor Existing
Rear
Second Floor Over Existing
Rear
Third Floor Rear
Totals
I bed
I bed handi—
capped
2 bed
3 bed super-
-intendent
Total
T_
17
T
4
17
16
1
17
48
3 I 4 1 7
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THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By -law No. g�_ �i of the Town of Newcastle, enacted and
passed the !rl)(- day of 9 / , 1981 .
WORKS COST ESTIMATE
(to be determined)
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
CANADIAN FORESTERS PROJECT
(EASTERN) GR UP
PRESIDENT
GRETARY
THE CORPORATION OF THE TOWN OF
NEWCAST E
No:
f 0 j 2 2 3 DATED: 1982
Registry Division of Newcaote (No. 10)
1 CERTIFY that d is inwumeM is reaAwed as Ct Bj T W E E N:
( 6/ lW ANADIAN FORESTERS PROJECT (EASTERN)
�p `i' ` m GROUP
014m at
and -
Oreari% Land Rehr
THE CORPORATION OF THE TOWN OF NEWCASTLE
,
b�
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB 1JO
File: S- P -2 -32
a