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HomeMy WebLinkAboutBy-law 5142/97REPEALED BY REPEALS . . , AMENDED BY .... AMENDS DISPOSITION com ot uou 'rows , c mua I BY-LAW 5142/97 ii Being a by-law to authorize the execution of an Agreement to amend the Su_bdivtxion Agreement respecting the development of t~locks 42, 43 and 44. inchaive. Plan 40M- 1836, Pickering (Predrag Sopta, dozo Sopta and 956414 Ontario Limited). WHEREAS, pursuant to section 51 of the Planning ~lct, R.S.O. 1990, chapter P.13, Thc Corporation of ~hc Town of Picketing entered into a Subdivision Agreement oared September 22, 1995 with Predrag Sopla and Jozo Sopta and 956414 Ontario Limited (Notice of which was registered April 3, 1996, as Instrument LT750441) respecting what is now Plan 40M-1836, Picketing, which Agreement requires amendment to provide for the development of Blocks 42, 43 and 44; NOW THEREFORE, the Council of The Corporation of the 'l'o~n of Picketing HEREBY ENACTS AS FOLLOWS: i,. 1. ]'he Mayor and Clerk ate hereby authorized !o execute a Subdivision Agreement ii Amending Agreement, in the lbrm attached hereto as Schedule A, amending the il Subdivision Agreement dated September 22, 1995, between Predrag Sopta and Jozo Sopta and 956414 Ontario Limited and The Corporation of the Town cf Picketing (Notice of which was registered April 3, 1996 as l~stmment LT750441), respecting the development of Blocks 42.43 and 44. BY-LAW read a first, second and third time and finally passed this 17th da)' of November, 1997. Wayne Arthurs, Mayor Clerk r-: · , ' :~ ~ru~ ~ay~or, 401~1136 S~heduXe A THIS $uBDIvI~oN A~~ At, tENDING AORF~..MENT mad~ Novmb~ 17, 1997, i~wmun~ to b i~/ovisim~ BETWEEN: PREDRAG SC)PTA and JOZO SOPTA 95641 ~ ONTARIO LIMITED herein collectively cntled the "Owner" OF THE FIRST PART, THE CORPORATION O1: THI~ TOWN OF p[CKERING herein called the "Town" OF THE SECOND PART. WHEREAS, pursuant to section 51 of the Planning ,4ct, R.S.O. 1990. chapter P. 13, tl~ O~a~r and the Town entered into a Subdivision Agr~ment dated .September 22, 1995, Notice of which was registered in the Land Registry Office of thc Land Titles Division of Durham (No. 40) on April 3. 1996 as instrument Number LT75044], respecting the proposed subdivision of part of Lots I !, 12 and 13, Plan 505, Picketing, now designated as Plan Number 4OM- ! 836; and AND WHEREAS, section 7 of Schedule D that Agreement required that certain Blocks be reserved for future development in conjunction with the lands to the north; AND WHEREAS, the Or, ncr of Blocks 42, 43 and 44 ha~ acquired ownership of thc lands to the north and now requires an amendment to the Subdivision Agreemen{ in order lo de,clop them', NOW THEREFORE, THIS AGREEMENI' WITNESSETH THAT, in consideration of the stem of $2.00 now paid by each Party to the other, receipt of which b) each is hereby acknowledged, the Parties hereto covenant and agree one with tl~. other as follows: I. The lands affected by this A~reemcnt (thc "Lands") are Blocks 42, 43 and 44, Plan 40M-1836, Pickering. 2. In this Agreement, the term "Subdivision Agreement" means the agreement dated September 22, 1995, between the Owner and thc To~, Notice. of which ~'as registered in the Land Titles Office of the Land Registr), Division of Durham (No. 40) on April 3, 1996 as l~strument Number LT750441. 3. The Owner and the To~n are bound by, (a) the terms and conditions of the Subdivision Agreement as amended by the terms and conditions of this Agreement, and (b) the terms and conditions of this Agreement, and r~all contiflne to be bound tber~by. 4. (I) Time shall be oftbe esse~ of this Agreement. (2) This Agveemem &nd everything herein contained shall enure to ~ benefit of and be bindin$ upon ~e Parties hereto, their successors and assigns. (3) Section of this Agreement shall not takc effect until this Agreement is registered by the Town in the Land Registry Office ofthe Land Titles Division of Durham (No. 40). 5. Section I{ !) and (2) of Schedub D to the Subdivision Asreemem is ~ delet~ and the folbwin8 subsLa,__~- (1) ~is a~m~t ~ ~en emet~d into in ~e e~tion on ~e l~ds, one e~h on Lots 1 to 41, inclusive, ~d one (2) If more or less th~ 44 dwelling units ~e to ~ ~na~uc~d in ~is proj~t, the To~ ~ i~ ~le di~retion may r~uire the Owner ~ ob~in new ~provais ~d ~ri~tions ~der ~d may prohibit any development umil ~e new approvals ~d au~orimtions ~e o~i~. 6, Prior to the registration of this agreement the Owner herein agrees to pay the amounts set out below, which fees ars ~pplicable as a result oftbe development of the 3 future developed Blocks: (a) $1,200.00 plus GST - Subdivision Amending Agreement processing fee; (b) all registration costs relating to matter; and (b) $105.00 Engineering Inspection Fee. 7. Prior to the registration of this agreement, 956414 Ontm-io Limited agrees to provide an amendment to its .,riginal letter of credit (#T-368614) provided pursuant to the Subdivision Agreement dated September 22, 1995 be:ween the Owner and the Town to include reference to this amending agreement such that the letter of credit will L? applied as security for the works under this agreement. IN WITNESS WHEREOF the Parties hereto have hereunto affixed thc;r respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED 956414 ONTARIO LIMITED lnthe presence of Predrag Sopta (seal) Jozo Sopta THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk