HomeMy WebLinkAboutBy-law 1176/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1176/80
Being a By-Law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and Robert Braun
Construction Limited to amend a Subdivision
Agreement dated April 24th, 1978 respecting
the development of Registered Plan M-1154.
WHEREAS, the Corporation of the Town of Pickering
entered into a Subdivision Agreement with Robert Braun
Construction Limited on April 24th, 1978 to provide for the
development of Registered Plan M-1154; and
WHEREAS, it is now deemed appropriate to amend the
said Subdivision Agreement;
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" to amend the Subdivi-
sion Agreement dated April 24th, 1978 between
the Corporation of the Town of Pickering and
Robert Braun Construction Limited with
respect to Registered Plan M-1154.
BY-LAW read a first, second and third time and finally passed
this 6th day of October , 1980.
TOWN
APPR
AS TO
SCHEDULE "A" to By-law 1176/80
THIS AGREEMENT made in triplicate this day of ,
1980.
B E T W E E N:
ROBERT BRAUN CONSTRUCTION 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.
WHEREAS, the Owner and the Town entered into a Subdi-
vision Agreement, dated April 24th, 1978, notice of which was
registered on September 22nd, 1978, as Instrument No. LT77193,
with respect to a plan of subdivision of lands comprising Plan
M-1154; and
WHEREAS, it is deemed expedient to amend that Agree-
ment in certain respects;
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 agree as follows:
1. LANDS AFFECTED
The lands affected by this Agreement are more
particularly described as follows:
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 Lots 1 to 5 both inclu-
sive and Blocks A and B, according to Registered
Plan M-1154 for the Regional Municipality of
Durham.
2. FINANCIAL PAYMENTS
Section 13 of the said Subdivision Agreement is
hereby amended by deleting the figure "1,250.00"
in the fourth line, and substituting therefor
the figure "$1,500.00".
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3. CONSTRUCTION & OCCUPANCY OF BUILDINGS
Subsection (c) of section 14 of the said Sub-
division Agreement is hereby amended by delet-
ing the figure "$1,250.00" in the fourth line,
and substituting therefor the figure "$1,500.00"
4. LETTER OF CREDIT
Section 15 of the said Subdivision Agreement
is hereby revoked and the following substituted
therefor:
15. The Owner shall deposit and maintain with
the Town an irrevocable bank letter of
credit payable to the Town, in a form
satisfactory to the Town, in the amount
of $6,000.00 as security for:
(a) the payments referred to in section
13 hereof, and
(b) the payment of liquidated damages
referred to in subsection (c) of
section 14 hereof.
5. TIME LIMIT FOR CONSTRUCTION OF HOMES
Section 18 of the said Subdivision Agreement is
hereby amended by deleting "two (2)" in the
third line, and substituting therefor "four (4)".
6. TIME LIMITS FOR COMPLETION OF WO
Schedule "A" to the said Subdivision Agreement
is hereby revoked and the following substituted
therefor:
SCHEDULE "A"
1. TIME LIMITS FOR COMPLETION OF WORKS
The time limits for the completion by
the Owner of the works required to be
constructed by it pursuant to this
Agreement shall be:
(a) underground services - on or
before September 30th, 1981;
(b) aboveground services - on or
before September 30th, 1982.
7. INTERPRETATION
(1) Time shall be of the essence in this Agree-
ment.
(2) This Agreement and everything herein con-
tained shall enure to the benefit of and
be binding upon the Parties hereto, their
successors and assigns.
(3) This Agreement shall amend the said Subdi-
vision Agreement, dated April 24th, 1978,
only to the extent necessary to give effect
- 3 -
to the provisions of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto
affixed their Corporate Seals attested to by the hands of
their proper officers so authorized.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
r
Clerk
ROBERT BRAUN CONSTRUCTION LIMITED
Per:
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