Loading...
HomeMy WebLinkAboutBy-law 4151/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4151/93 Being a by-law to authorize the execution of a Subdivision Agreement Amending Agreement respecting the development of Lots 1, 2 and 4, Plan 40M-1638, Pickering (813468 Ontario Limited). WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, The Corporation of the Town of Picketing and 813468 Ontario Limited entered into a Subdivision Agreement dated December 18, 1989 (Notice of which was registered June 26, 1990 as Instrument No. LT508711), respecting the development of Plan 40M-1638, Picketing; and WHEREAS that Subdivision Agreement requires an amendment to provide for the extension of the time limited for the development of Lots 1, 2 and 4, Plan 40M-1638, Picketing; 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 a Subdivision Agreement Amending Agreement, in the form attached hereto as Schedule A, between 813468 Ontario Limited and The Corporation of the Town of Picketing, amending the Subdivision Agreement dated December 18, 1989, Notice of which was registered June 26, 1990, as Instrument No. LT508711, to provide for the extension of the time lhxtited for the development of Lots 1, 2 and 4, Plan 40M-1638, Picketing, to December 31, 1993. BY-LAW read a first, second and third time and finally passed this 1st day of February, 1993. ~ayn~Art-hss~s, b:I~yor- TOWN OF PICKERtNG APPROVED AS TO FORM LEGAL DEPT. Schedule A THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made February 1, 1993, pursuant to the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, BETWEEN: 813468 ONTARIO LI1VIITED herein called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, pursuant to the provisions of the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P.13, the Owner and the Town entered into a Subdivision Agreement dated December 18, 1989 (Notice of which was registered June 26, 1990 as Instrument No. LT508711), respecting the subdivision of what is now Lots I to 6, both inclusive, Plan 40M-1638, Picketing; and WHEREAS it is necessary to amend that Subdivision Agreement again in order to provide for the delayed development of Lots 1, 2 and 4, Plan 40M-1638, Picketing; NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with the other as follows: l. The lands affected by this Agreement are Lots 1, 2 and 4, Plan 40M-1638, Pickering. 2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the Owner and the Town dated December 18, 1989 (Notice of which was registered June 26, 1990 as Instrument No. LT508711 ). 3. The Owner and the Town acknowledge and agree that they are bound by the terms and conditions of the Subdivision Agreement and shall continue to be bound by it, as further amended hereby. 4. Section I of Schedule A to the Subdivision Agreement (T'mae Limit for Work & Cmaramee for Wofltmamhip & Materials) is hereby amended by adding to it the following subsections: (7) For the purposes of this section this project shall be divided into two phases, one phase comprising Lots 3, 5, and 6 and the works, services and other matters relating thereto ("Phase 1 "), and the other phase comprising Lots I, 2, and 4 and the works, services and other matters relating thereto ("Phase 2"). (7) The Time Limit for Work and Guarantee for Workmanship and Materials for Phase 1 shall be determined in accordance with subsections (5) and (6) of this section. (8) The Time Limit for Work and Guarantee for Workmanship and Materials for Phase 2 shall be as follows: (a) all works, services and other requirements under this Agreement shall be completed by tile Owner on or before December 31, 1993; and (b) all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement shall be guaranteed by the Owner for a period of two years from the date that the works, services attd requirements are approved in writing by the Town. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED 813468 ONTARIO LIMITED David Baker, Secretary THE CORPORATION OF THE TOWN OF PICKER.I~G Wayne Arthut~, Mayor - ~ ~ ' Bruce Taylor, Clerk