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HomeMy WebLinkAboutBy-law 1338/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1338 /81 Being a By-Law to authorize the execution of an Agreement between J.D.S. Investments Limited and the Corporation of the Town of Pickering to amend the Subdivision Agree- ment dated April 6th, 1981 between J.D.S. Investments Limited and the Town respecting the development of Draft Plan of Subdivision 1ST-79008(R) WHEREAS the Corporation of the Town of Pickering entered into a Subdivision Agreement with J.D.S. Investments Limited on April 6th, 1981 to provide for the development of Draft Plan 18T-79008(R); and WHEREAS it is now deemed appropriate to amend the said Sub- division Agreement in certain respects; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between J.D.S. Investments Limited and the Corporation of the Town of Pickering, to amend the Subdivision Agreement dated April 6th, 1981 between J.D.S. Investments Limited and the Corporation of the Town of Pickering with respect to the development of Draft Plan 18T-79008(R). BY-LAW read a first, second and third time and finally passed this 6th day of July , 1981. ?(;"%'N i i i. SCHEDULE "A" THIS AGREEMENT made in sextuplicate this 8th day of July, 1981. B E T W E E N J.D.S. INVESTMENTS LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE BANK OF NOVA SCOTIA hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS by Agreement dated April 6th, 1981 between the owner, the Town and the Encumbrancer, the Owner proposed to subdivide and register, with the consent of the Encumbrancer, a plan of subdivision of those parts of Lot 24, Concession 2, Pickering, being Ministry of Housing Draft Plan Number 18T-80021; and WHEREAS it is deemed desirable to amend the said Agreement in certain respects; and WHEREAS the Encumbrancer has certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid by each Party to the others, receipt of which from each is hereby acknowledged by each, the Parties hereto agree as follows: - 2 - 1. The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lots 20, 21 and 22, Concession 1, Pickering, designated 2. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated April 6th, 1981 between the Owner, the Town and the Encumbrancer. 3. The owner and the Encumbrancer acknowledge and agree that they are bound by all the terms and provisions of the Subdivision Agreement. 4. (1) All references in the Subdivision Agreement to those lots and blocks set out in Column I of the following Table shall be deemed to be references to those lots and blocks set out in Column II thereof: Table Column I Column II (to be completed when new designations available) (2) Whenever in this Agreement reference is made to any specific lot or block by number, and such reference contains a hyphen (e.g. Lot 67-1), the number preceding the hyphen shall refer to the lot or block designation and the number following the hyphen shall refer to the phase within which the lot or block is located. 5. The date "September 25th, 1981" in line 2 of section 36 of the Subdivision Agreement is hereby deleted and the date "December 31st, 1982" substituted therefor. 6. Subsection 2 of section 39 of the Subdivision Agreement is hereby deleted and the following substituted therefor: (a) The provisions of Schedules "A", "B", "C" and "D" attached hereto shall form part of this Agreement. 7. The Subdivision Agreement is hereby further amended by adding thereto, as Schedule "D" to the Subdivision Agreement, the schedule which comprises Schedule "A" to this Agreement. 8. The Encumbrancer agrees with the Town have priority over and take precedenc interests affected hereby, whether or was established or arose prior to the not such right or interest is set out any instrument or document registered hereby, or any part of them, prior to Agreement. that this Agreement shall __ over any of its rights or not any such right or interest date hereof and whether or in or arises by virtue of on title to the lands affected the registration of this - 3 - 9. The provisions of Schedule "A" attached hereto shall form part of this Agreement. 10. Time shall be of the essence of this Agreement. i 11. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J. D. S. INVESTMENTS LIMITED President ce- THE CORPORATION OF THE TOWN OF PICKERING Mayor THE BANK OF NOVA SCOTIA Per: Per: SCHEDULE "A" SCHEDULE "D" 1. PHASING (1) It is acknowledged and agreed that the Owner shall develop the plan of subdivision in two phases, as 'shown on Map I, attached hereto. (2) The phasing of the development shall include the phasing of the registration of the plan and the phasing of the con- struction of services. (3) This Agreement shall be registered on title to all the lands in the plan prior to the registration of the First Phase of the plan. (4) (a) The First Phase of the plan shall be registered on or before December 31st, 1981. (b) The Second Phase of the plan shall be registered on or before December 31st, 1982. (5) The provisions of the sections set out in the following Table shall be applicable to both Phases but shall only take effect .with respect to any Phase upon the registration of the plan for that Phase. Table Sections 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 18, 20, 23, 24, 30, 32 and 33 Schedule "A" - Sections 1, 2, 3 and 5 (6) The provisions of section 22 shall be applicable to all Phases but shall take effect so as to require the housing units to be completed as follows: (a) units within 2 years of the date of regis- tration of Phase One; and (b) units within 2 years of the date of regis- tration of Phase Two. (7) The provisions of section 25 shall be applicable to all Phases but shall take effect so as to require the security to be provided as set out below: (a) $ prior to the registration of Phase One: and (b) a further $ prior to the registration of Phase Two. (8) The provisions of section 29 shall be applicable to both phases but shall take effect so as to require the conveyance to be made within thirty (30) days of the registration of Phase One. (9) The provisions of Schedule "B", section 1 shall be applicable to all Phases but shall take effect so as to require the security referred to in subsection 5, thereof, to be provided as set out below: (a) $ prior to the registration of Phase One; and (b) a further $ prior to the registration of Phase Two. (10) The provisions of the E , ,.! shall be applicable to z 1 r S(_ the registration of thisc rc?n+ of . :bsections (6), (7), ) to T< C,' Sections t, 2. 3, 10, 11, t k !,7, ;. 29, 31, 34. 3S, 36, 37, 38, 9. 40 S(;hedu]e Sections 4 and 6 Schedule "B" - Section 1 in the following 'Cable ,hall take effect upon eject to the provisions F this section. t; 22, 25, 26, 27, 28, ?t Schedule "C" - Sections 1, 2, 3, 4 and 5 Schedule "D" - Section 1 Schedule "D" - Map 1 (11) Nothing in thi,_ ..ion shall preclude ?.ic ?'.uer from making application to - enr ?.,? ]ace that draft plan designated is 'ttivo; r,rn "itch amendment or replacement shall be aopcu _,} :,wn however, without a prior amend- ment to th ' s 7; m j, f-, SCHEDULE "D" - MAp I