HomeMy WebLinkAboutBy-law 4132/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4132/92
Being a by-law to authorize the execution of a
Subdivision Agreement Amo~ing Agreement respecting
the development of Lots 5 to 9, Plan 40M-1604,
Pickering (Rulor Developments 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 Pickering and Rulor Developments Limited entered into,
(a) a Subdivision Agreement dated April 3, 1989 (Notice of which was registered June 20,
1989 as Instrument No. LT454295), and
(b) an Agreement dated September 18, 1989 (Notice of which was registered August 18,
1989 as Instrument No. LT464222), amending that Subdivision Agreement,
respecting the development of Plan 40M-1604, Pickering: and
WHEREAS that Subdivision Agreement requires further amendment to provide for the extension of the
time limited for the development of Lots 5, 6, 7, 8 m~d 9, Plan 40M-1604, 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 Rulor Developments Lflnited
and The Corporation of the Town of Picketing, amending further the Subdivision Agreement
dated April 3, 1989, Notice of which was registered June 20, 1989, as Instmment No.
LT454295, to provide for the extension of the time limited for the development of Lots 5, 6, 7,
8 and 9, Plan 40M-1604, Picketing, to December 31, 1993.
BY-LAW read a first, second and third time and finally passed this 21st day of December, 1992.
Wayne Arthu4s, Mayor
Y
SCHEEULE A
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made December 21, 1992, pursuant
to the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P.13,
BETWEEN:
RULOR DEVELOPMENTS LRvI1TED
herein called the "Owner"
OF THE FIRST PART,
TJ~IE 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 April 3, 1989
(Notice of which was registered June 20, 1989 as Instrument No. LT454295), respecting the subdivision
of what is now Lots 1 to 9, both inclusive, Plan 40M-1604, Pickering; and
WHEREAS that Subdivision Agreement was amended by subsequent agreement between the Owner
and the Town dated September 18, 1989 (Notice of which was registered August 18, 1989 as Instrument
No. LT464222); and
WHEREAS it is necessary to ~unend that Subdivision Agreement again in order to provide for the
delayed development of Lots 5 to 9, both inclusive, Plan 40M-1604, 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 5, 6, 7, 8 and 9, Plan 40M-1604, Picketing.
2. In this Agreement, "Amended Subdivision Agreement" means the Subdivision Agreement
between the Owner and the Town dated April 3, 1989 (Notice of which was registered June 20,
1989 as Instrument No. LT454295), as amended by the Amending Agreement between the
Owner and the Town dated September 18, 1989 (Notice of which was registered August 18,
1989, as Instrument No. LT464222).
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 continue to be bound by it, as
further amended hereby.
4. Section 17 of the Amended Subdivision Agreement (Lial~ lmmramm) is hereby amended by
adding to it the following subsections:
(5) The Owner may allow its Liability Insurance Policy to lapse as of December 31, 1992.
(6) If the Owner's Liability Insurance Policy. is allowed to lapse as of December 31, 1992,
then, prior to the Owner commencing any of the work provided for herein in connection
with any of Lots 5 to 9, both inclusive, after December 31, 1992, the Owner shall
re-instate that Policy and the provisions of this section shall re-apply thereto.
5. Section 18 of the Amended Subdivision Agreement (Performance & Mainteamnce Guaramee) is
hereby amended by adding to it the following subsection:
(5) Despite the provisions of subsections (1), (2), (3) and (4), above, from and after
December 31, 1992, the amount of theperformance and maintenance security required
to be supplied to the Town shall be $15,000, in which amount the security shall be
maintained until the obligation to guarantee all obligations and works in or associated
with Plan 40M-1604, Pickering has expired, when the balance of the securim, shall be
returned to the Owner subject to any deductions for rectification of deficiencies.
6. Section 1 of Schedule A to the Amended Subdivision Agreement (T'ma~ l.imlt for Wodt &
Cmman~ for Wodmmnship & Materiala) 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 Lots 1, 2, 3 and 4 and the works, services and other matters relating thereto
("Phase 1"), and the other phase comprising Lots 5, 6, 7, 8 and 9 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 (4) and (5) of this section.
(8) The Time Limit for Work atwl 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 atut requirements are approved itt writing by the
Town.
IN WITNESS WHEREOF, the parties hereto have hereunto allured their corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED & DELIVERED
RULOR CONSTRUCTION LIMITED
Joe Marcelli, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Anhurs, Mayor
Brace Taylor, Clerk
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