HomeMy WebLinkAboutBy-law 1338/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1338 /81
Being a By-Law to authorize the execution
of an Agreement between J.D.S. Investments
Limited and the Corporation of the Town of
Pickering to amend the Subdivision Agree-
ment dated April 6th, 1981 between J.D.S.
Investments Limited and the Town respecting
the development of Draft Plan of Subdivision
1ST-79008(R)
WHEREAS the Corporation of the Town of Pickering entered into
a Subdivision Agreement with J.D.S. Investments Limited on
April 6th, 1981 to provide for the development of Draft Plan
18T-79008(R); and
WHEREAS it is now deemed appropriate to amend the said Sub-
division Agreement in certain respects;
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", between J.D.S. Investments Limited and the
Corporation of the Town of Pickering, to amend the
Subdivision Agreement dated April 6th, 1981 between
J.D.S. Investments Limited and the Corporation of the
Town of Pickering with respect to the development of
Draft Plan 18T-79008(R).
BY-LAW read a first, second and third time and finally passed
this 6th day of July , 1981.
?(;"%'N i
i i.
SCHEDULE "A"
THIS AGREEMENT made in sextuplicate this 8th day of July, 1981.
B E T W E E N
J.D.S. INVESTMENTS LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
THE BANK OF NOVA SCOTIA
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS by Agreement dated April 6th, 1981 between the owner, the Town
and the Encumbrancer, the Owner proposed to subdivide and register,
with the consent of the Encumbrancer, a plan of subdivision of those
parts of Lot 24, Concession 2, Pickering, being Ministry of Housing
Draft Plan Number 18T-80021; and
WHEREAS it is deemed desirable to amend the said Agreement in certain
respects; and
WHEREAS the Encumbrancer has certain rights or interests in the nature
of encumbrances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
sum of Two Dollars ($2.00) paid by each Party to the others, receipt of
which from each is hereby acknowledged by each, the Parties hereto
agree as follows:
- 2 -
1. The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and Province of Ontario and being composed
of those parts of Lots 20, 21 and 22, Concession 1, Pickering,
designated
2. In this Agreement, the term "Subdivision Agreement" shall mean the
Agreement dated April 6th, 1981 between the Owner, the Town and
the Encumbrancer.
3. The owner and the Encumbrancer acknowledge and agree that they are
bound by all the terms and provisions of the Subdivision Agreement.
4. (1) All references in the Subdivision Agreement to those lots and
blocks set out in Column I of the following Table shall be
deemed to be references to those lots and blocks set out in
Column II thereof:
Table
Column I
Column II
(to be completed when new designations available)
(2) Whenever in this Agreement reference is made to any specific
lot or block by number, and such reference contains a hyphen
(e.g. Lot 67-1), the number preceding the hyphen shall refer
to the lot or block designation and the number following the
hyphen shall refer to the phase within which the lot or block
is located.
5. The date "September 25th, 1981" in line 2 of section 36 of the
Subdivision Agreement is hereby deleted and the date "December
31st, 1982" substituted therefor.
6. Subsection 2 of section 39 of the Subdivision Agreement is hereby
deleted and the following substituted therefor:
(a) The provisions of Schedules "A", "B", "C" and "D" attached
hereto shall form part of this Agreement.
7. The Subdivision Agreement is hereby further amended by adding
thereto, as Schedule "D" to the Subdivision Agreement, the schedule
which comprises Schedule "A" to this Agreement.
8. The Encumbrancer agrees with the Town
have priority over and take precedenc
interests affected hereby, whether or
was established or arose prior to the
not such right or interest is set out
any instrument or document registered
hereby, or any part of them, prior to
Agreement.
that this Agreement shall
__ over any of its rights or
not any such right or interest
date hereof and whether or
in or arises by virtue of
on title to the lands affected
the registration of this
- 3 -
9. The provisions of Schedule "A" attached hereto shall form part of
this Agreement.
10. Time shall be of the essence of this Agreement.
i
11. This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate
Seals attested to by the hands of their proper officers in that behalf
fully authorized.
SIGNED, SEALED & DELIVERED
J. D. S. INVESTMENTS LIMITED
President
ce-
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
THE BANK OF NOVA SCOTIA
Per:
Per:
SCHEDULE "A"
SCHEDULE "D"
1. PHASING
(1) It is acknowledged and agreed that the Owner shall develop
the plan of subdivision in two phases, as 'shown on Map I,
attached hereto.
(2) The phasing of the development shall include the phasing of
the registration of the plan and the phasing of the con-
struction of services.
(3) This Agreement shall be registered on title to all the lands
in the plan prior to the registration of the First Phase of
the plan.
(4) (a) The First Phase of the plan shall be registered on or
before December 31st, 1981.
(b) The Second Phase of the plan shall be registered on or
before December 31st, 1982.
(5) The provisions of the sections set out in the following Table
shall be applicable to both Phases but shall only take effect
.with respect to any Phase upon the registration of the plan
for that Phase.
Table
Sections 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 18, 20, 23, 24,
30, 32 and 33
Schedule "A" - Sections 1, 2, 3 and 5
(6) The provisions of section 22 shall be applicable to all
Phases but shall take effect so as to require the housing
units to be completed as follows:
(a) units within 2 years of the date of regis-
tration of Phase One; and
(b) units within 2 years of the date of regis-
tration of Phase Two.
(7) The provisions of section 25 shall be applicable to all
Phases but shall take effect so as to require the security to
be provided as set out below:
(a) $ prior to the registration of Phase One: and
(b) a further $ prior to the registration of Phase
Two.
(8) The provisions of section 29 shall be applicable to both
phases but shall take effect so as to require the conveyance
to be made within thirty (30) days of the registration of
Phase One.
(9) The provisions of Schedule "B", section 1 shall be applicable
to all Phases but shall take effect so as to require the
security referred to in subsection 5, thereof, to be provided
as set out below:
(a) $ prior to the registration of Phase One; and
(b) a further $ prior to the registration of Phase
Two.
(10) The provisions of the E , ,.!
shall be applicable to z 1 r S(_
the registration of thisc rc?n+
of . :bsections (6), (7), ) to
T< C,'
Sections t, 2. 3, 10, 11, t k !,7, ;.
29, 31, 34. 3S, 36, 37, 38, 9. 40
S(;hedu]e Sections 4 and 6
Schedule "B" - Section 1
in the following 'Cable
,hall take effect upon
eject to the provisions
F this section.
t; 22, 25, 26, 27, 28,
?t
Schedule "C" - Sections 1, 2, 3, 4 and 5
Schedule "D" - Section 1
Schedule "D" - Map 1
(11) Nothing in thi,_ ..ion shall preclude ?.ic ?'.uer from making
application to - enr ?.,? ]ace that draft plan
designated is 'ttivo; r,rn "itch amendment or replacement
shall be aopcu _,} :,wn however, without a prior amend-
ment to th ' s 7; m j, f-,
SCHEDULE "D" - MAp I