HomeMy WebLinkAboutPD-182-81 f 0.S/.&
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO 1_0131,10 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF NOVEMBER 9, 1981
REPORT No. : PD-182-81
SUBJECT: Bowmanville Mall Phase III Development Agreement
Our File S-P-2-14
Recommendations
It is respectfully recommended
1. That Report PD-182-81 be received; and
2. That the attached Agreement between the Town and
LDCM Investments Ltd. and Barmond Builders Ltd.
be approved; and
3. That Council pass the attached By-law authorizing
the execution of the aforesaid Agreement.
Background and Comments
On October 26, 1981 the General Purpose and Administration
Committee adopted Resolution GPA-74-81. Said Resolution was subse-
quently endorsed by Council on November 2, 1981 giving approval to
a two year extension to a site plan agreement between the Town and
LDCM Investments Ltd. and Barmond Builders Ltd. The subject
Resolution also directed staff to bring forward a by-law to
authorize the execution of a further agreement which would give
effect to this extension by way of an amendment to the original
agreement authorized by By-law 79-125. In that regard, staff have
undertaken the preparation of such an amendment to the agreement
and have attached same along with the draft by-law authorizing the
execution of the agreement. ;
PD-182-81 Page 2
Inasmuch as the existing agreement will expire on November 26,
1981, it is most appropriate for the Committee to forward to Council
the attached by-law and agreement for approval.
Respectful ec
p , y subm-rtted,
F:
T.T. Edwards, M.C.I.P.
Deputy Director of Planning
TTE:ld
October 29, 1981
November 18 1981
Mr. Roger Elliott
Macaulay Lipson & Joseph
2180 Yonge Street Sta. 1800
Toronto, Ontario
M4S 289
Dear Mr. Elliott:-
Re: Bowmanviile Mall - Phase III Development Agreement
S-P-2-14 0
Dour File 60-5l.29
The following recommendation of the General Purpose and Administration
Coittee was adopted by Council on November 16 1981 :
"l ) That Report PD-182-81 be received.
2) The attached Agreement between the Town and LDCM Investments
Ltd. and Barmond Builders Ltd. be approved.
3) Council pass the attached by-law authorizing the execution
of the aforesaid Agreement
By-law 81-183, authorizing the execution of the agreement, was
subsequently passed at the same meeting.
The executed Agreement will be forwarded to you in due coarse.
Yours very truly,
J
Gertrude E. Gray A.M.C.T.
Deputy Clerk
99
c.c. Planning and Development Department.
DEVELOPMENT AGREEMENT, made in triplicate this day V 'SrG`
of A.D. , 1981.
B E T W E E N:
L.D.C.M. INVESTMENTS LIMITED and
BARMOND BUILDERS LIMITED,
hereinafter called the 'OWNERS"
OF THE FIRST PART,
and
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN"
OF THE SECOND PART.
WHEREAS the Owners warrant that they are the registered
owners of those lands described in Schedule A hereto and hereinafter
referred to as the said lands.
AND WHEREAS the Town has passed By-Law 79-125 and the
Owners and Town have executed a Development Agreement which was duly
-e-x--_ecu-t-e-d=-ax4 registered in the Registry Office of the Land Registry
Division of Newcastle (No. 10) as Instrument No. 97046.
AND WHEREAS the Council of the Town of Newcastle has resolved
to approve a further two year extension of the aforesaid Agreement.
AND WHEREAS the parties thereto agree to amend the said
Development Agreement,
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND
COVENANTS AND PROMISES CONTAINED HEREIN, THE PARTIES HERETO AGREE AS
FOLLOWS:
Paragraph 22 of the Development Agreement between the Town
of Newcastle and L.D.C.M. Investments Limited and Barmond Builders.
Limited registered in the Registry Office of the Land Registry
Division of Newcastle (No. 10) as Instrument No. 97046 is hereby
deleted in its entirety and replaced with the following new Paragraph 22.
Paragraph 22: LAPSE OF APPROVAL
In the event a building permit has not been
issued to the owners on or before November 26, 1983,
- 2 -
the parties hereto agree that the Town's approval
of the site plan and drawings referred to in
Paragraph Nos. 2 and 3 hereof shall lapse.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals the day and year first above written, and the
parties hereto have hereunto affixed their corporate seals by the
hands of their proper signing officers duly authorized in that
behalf.
THE CORPORATION OF THE TOWN OF
NEWCASTLE,
Per:
Mayor
Clerk
L.D.C.M. INVESTMENTS LIMITED,
Per:
BARMOND BUILDERS LIMITED,
Per:
THIS SCHEDULE IS SCHEDULE "A" 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 .
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel of tract of land and premises situate,
lying .and being in the Town of Newcastle (formerly in the Town of Bowmanville) ,
Regional Municipality of Durham (formerly County of Durham) , being composed
of all of Block E, Part of Block B, and part of Block I (1.0' Reserve)
according to a plan registered in the Registry Office for the Registry
Division of Newcastle (No. 10) as Number 698; and Parts of Lots 14, 15,
16, 17, 18, 19 and 20, according to a plan of Building Lots known as
J.A. Codd's Plan (Deposited in the Registry Office March 26, 1882), and
more particularly described as follows:
PREMISING that the northerly limit of Hobbs Drive as shown on said Plan 698
has a bearing of North 72015' East and relating all bearings herein thereto;
COMMENCING at a point in the Northerly limit of Hobbs Drive distant 125.00
feet measured easterly from the Southwesterly angle of said Block B;
THENCE North 72015' East along the Northerly limit of Hobbs Drive, being
also the southerly limit of said Block B, 234.98 feet to a point of curve;
THENCE Northeasterly along the said curve to the right, having a radius of
316.00 feet, an arc distance of 80.00 feet, the chord being 79. 79 feet,
measured on a course of North 79030'10" East to a standard iron bar found
planted at the southeast angle of said Block E;
THENCE North 08056'50" West 105. 36 feet, more or less to a standard iron
bar found planted at the northeast angle of said Block E;
THENCE North 73058'30" East along the northerly limit of Block C of said
Plan 698, 184. 78' to a point;
THENCE North 17048' West 272.78' more or less to a point of curve in the
southerly limit of King Street (The King's Highway No. 2) as widened by
Deposited Plan No. N31849;
THENCE Southwesterly along said curve to the left having a radius of
1085.92' , an arc distance of 210.901 , the chord being 210.57', measured
on a course of South 77001'55" West to a standard iron bar found planted
at the northeast angle of said Block I (1.0' Reserve);
THENCE South 73041' West along the northerly limit of said Block I, 162.13'
to a point.
THENCE North 17028'20" West 10.00 feet to a point in the Northerly limit
of said Block I;
THENCE South 73041' West along the northerly limit of said Block I, 141.96'
to a point;
THENCE South 17045'20" East, 396.52' , more or less to the point of commencement.
IN WITNESS WHEREOF the parties have hereto affixed their
corporate seals by the hands of their proper signing officers duly
authorized in that behalf.
L.D.C.M. INVESTMENTS LIMITED
} Per:
BARMOND BUILDERS LIMITED
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
MAYOR
} Per:
CLERK
Roger Elliott
NyWay'
2130 70a&a Street, Ste. 1MYC'.1
Toronto, Ontario
243 20
Dear XV. Elliott:
Tcwmnaville 91:21 Mae III sapanaloa
Amendment to Development Agraeme=mt
our-Foe:- --S-P-2-14
her to car Mcassians of October 29, l9sl, enclosed
Please f0d a CoPY of the 3=11 rapart anii draft agmazzat Ja
rcsPect Of th* WW-Mcted an1ject 4atter. I wauld appresiate
it if You would raview t MW and, If satisfactory, provide
we with five eon& originals of the azxaamaut by no later than
h5valber 9, 1981.
Should you have any juestions or rejui=a any additioaal
information, Please do not hesitate w contact the tndersigned.
Yours ve
T.T. Edwards, M.C.1
%purty Mrattor of Planain,
TTE;ld
enelosurm
cc: Bator J. Whaton, LDCH Investments Ltd.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO. 81— 183
Being a by-law to authorize the entering into an Agreement
with LDCM Investments Ltd. and Barmoad Builders Ltd.
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
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 Seal an Agreement between LDCM Investments
Ltd. and Barmond Builders Ltd. and the said Corporation dated
the day of 1981 which is attached hereto as
Schedule "X".
Read a first and second time this 16 day of November 1981.
Read a third and finally passed this 16 day of November 1981.
Garnet B. Rickard Mayor
David M. Oakes Clerk