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HomeMy WebLinkAboutBy-law 3123/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3123/89 Being a by-law to authorize the execution of an agreement to amend the Development Agreement between Picketing Square (1986) Inc. and The Corporation of the Town of Picketing, respecting the development of Part Lot 20, Concession 1, Picketing (Parts 2 and 3, Plan 40R-11306; S25/88). WHEREAS pursuant to the provisions of section 40 of the Planning Act 1983, S.O. 1983, c.1, Picketing Square (1986) Inc. and The Corporation of the Town of Picketing entered into a Development Agreement dated October 17, 1988, respecting the development of part of Lot 20, Concession 1, Picketing (Parts 2 and 3, Plan 40R-11306; S 25/88); 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, amending the Development Agreement dated October 17, 1988, respecting the development of that part of Lot 20, Concession I, Picketing, designated as Parts 2 and 3, Plan 40R-11306 (Picketing Square (1986) Inc.; S 25/88). BY-LAW read a first, second and third time and finally passed this 1st day of May, 1989. W~ayne Art~urs, THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3123/89 Being a by-law to authorize the execution of an agreement to amend the Development Agreement between Picketing Square (1986) Inc. and The Corporation of the Town of Picketing, respecting the development of Part Lot 20, Concession Pickering (Parts 2 and 3, Plan 40R-11306; s25/88). WHEREAS pursuant to the provisions of section 40 of the Planning Act 1983, S.O. 1983, c.1, Picketing Square (1986) Inc. and The Corporation of the Town of Pickering entered into a Development Agreement dated October 17, 1988, respecting the development of part of Lot 20, Concession 1, Pickering (Parts 2 and 3, Plan 40R-11306; S 25/88); 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, amending the Development Agreement dated October 17, 1988, respecting the development of that part of Lot 20, Concession 1, Picketing, designated as Parts 2 and 3, Plan 40R-11306 (Picketing Square (1986) Inc.; S 25/88). BY-LAW read a first, second and third time and finally passed this 1st day of May, 1989. Wayne Art/~urs, Mayor Schedule A THIS AGREgMENT made this 17th day of April, 1989. B E T W E ~, N : PICKERING SQUARE (1986) INC. herein called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF TIlE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, ]983, S.O. 1983, chapter 1, the Owner and the Town entered into a Development Agreement dated October 17, 1988 (notice of which was registered December 21, 1988 as Instrument No. LT425470 requiring the development of part of Lot 20, Concession 1, Picketing, to be undertaken in accordance with certain plans and drawings which have since been revised; NOW THEREFORE THIS AGREEMENT WITNESSET[I, that in consideration of the Town approving lhe revised plans and drawings and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. The lands affected by this Agreement (the "Lands") are those parts of Lot 20, Concession 1, Pickering, designated as Parts 2 and 3, Plan 40R-11306. 2. In this Agreement, "Development Agreement" means the Agreement dated Octo- ber 17, 1988, between the Owner and the Town, notice of which was registered in thc ],and Registry Office for the Land Titles Division of Durham (No. 40) on December 21, 1988 as Instrument No. LT425470. 3. The Owner and the Town acknowledge and agree that they are bound by the terms and conditions of the Development Agreement and shall continue to be bound by it, as it is amended hereby. 4. Item (a) of the table in Section 8(2) of the Development Agreement is hereby amended by deleting the date "December 7, 1988" from the second line thereof and by substituting the date "March 20, 1989" for it. 5. Item (d) of the table in Section 17(1) of the Development Agreement is hereby amended by dele. ting the date "December 7, 1988" from the second line thereof and by substituting the date "March 20, 1989" for it. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED PIGKERING SQUARE (1986) INC. Richard Feldman - Secretary THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER - THE TORONTO-DOMINION BANK (the "Bank") This Agreement shall have priority over and take precedence over all of The Bank's rights or b~terests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not much right or interest is set out in or arises by virtue of any instrument or document registered on title to the ]ands affected hc~'cby, or any part of them, prior to the registration of this Agreement. Dated 'at this day of 1989, SIGNED, Si';ALED & DELIVERED THE TORONTO-DOMINION BANK