HomeMy WebLinkAboutBy-law 4154/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4154/93
Being a by-law to authorize the execution of a
Subdivision Agreement Amending Agreement respecting
the development of Lot 17, Plan 40M-1600, Pickering
(Garthwood Homes 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 Garthwood Homes Limited entered into,
(a) a Subdivision Agreement dated December 19, 1988 (Notice of which was registered
June 1, 1989 as Instrument No. LT451385), and
(b) an Agreement dated March 19, 1990 (Notice of which was registered March 30, 1990 as
Instrument No. LT496868), amending that Subdivision Agreement,
respecting the development of Plan 40M-1600, Picketing: and
WHEREAS that Subdivision Agreement requires further amendment to provide for the extension of the
time limited for the development of Lot 17, Plan 40M-1600, Pickering;
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 Garthwood Homes Limited
and The Corporation of the Town of Picketing, amending further the Subdivision Agreement
dated December 19, 1988, Notice of which was registered June 1, 1989 as Instrument No.
LT451385, to provide for the extension of the time limited for the development of Lot 17, Plan
40M-1600, Picketing, to December 31, 1993.
2. By-law 4071/92 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 1st day of February, 1993.
TOWN OF
PlCKERING
APPROVED
AS TO FORM
LEGAL DEPI',
$CEEDULE 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:
GARTHWOOD HOMES LIMITED
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 19,
1988 (Notice of which was registered June 1, 1989 as Instrument No. LT451385), respecting the
subdivision of what is now Lots 1 to 33, and Blocks 34 to 42, Plan 40M-1600, Picketing; and
WHEREAS that Subdivision Agreement was amended by subsequent agreement between the Owner
and the Town dated March 19, 1990 (Notice of which was registered March 30, 1990 as Instrument No.
LT496868); and
WHEREAS it is necessary to amend that Subdivision Agreement again in order to provide for the
delayed development of Lot 17, Plan 40M-1600, Picketing;
NOW THEREFORE THIS AGREEMENT WITNESSETH 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:
1. The lands affected by this Agreement are Lots 1 to 33, both inclusive, and Blocks 34 to 42, both
inclusive, Plan 40M-1600, Picker'mg.
2. In this Agreement, "Amended Subdivision Agreement" means the Subdivision Agreement
between the Owner and the Town dated December 19, 1988 (Notice of which was registered
June 1, 1989 as Instrument No. LT451385) as amended by the agreement between the Owner
and the Town dated March 19, 1990 (Notice of which was registered March 30, 1990 as
Instrument No. LT496868).
3. The Owner and the Town acknowledge and agree that they are bound by the terms and
conditions of the Amended Subdivision Agreement and shall continne to be bound by it, as
further amended hereby.
4. Section 18 of the Amended Subdivision Agreement (Liability Immmmm) is hereby amended by
adding to it the following subsection:
(5) The Owner may allow its Liability Insurance Policy to lapse insofar as it affects all the
Lands except Lot 17, Plan 40M-1600, as of July 23, 1993.
5. Section 19 of the Amended Subdivision Agreement (Perfonn~m~ & Mainltamm:e Cmatmmm) is
hereby amended by adding to it the following subsection:
(5) Despite t_he provisions of subsections (1), (2), (3) and (4), above, from and after March
1, 1993, the amount of the performance and maintenance security required to be
supplied to the Town shall be $3,000, in which amount the security shall be maintained
until the obligation to guarantee all obligations and works in or associated with Plan
40M-1600, Pickering has expired, when the balance of the security shall be returned to
the Owner subject to any deductions for rectification of deficiencies.
6. Section 1 of Schedule A to the Amende, Subdivision Ag~ement ('r'nn~ l~ni~ for Wodr &
Gu~ for Wodrnmm~ & ~ is hereby amended by adding to it the following
subsections:
(6) For the purposes of this section this project shall be divided into two phases, one phase
comprising all of the Lands except Lot 17, Plan 40M-1600, and the works, services and
other matters relating thereto ("Phase 1 "), and the other phase comprising Lot 17, Plan
40M-1600, and the works, services and other matters relating thereto ("Phase 2").
(7) The Time Limit for Work and Guorantee 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 the 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 and 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
GARTHWOOD HOMES LIMITED
John Lazaridis, Secretary
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Aj~urs, Mayor
Bruce Taylor, Clerk