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HomeMy WebLinkAboutBy-law 1212/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1212/80 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, the Corporation of the Town of Pickering entered into an Agreement to amend the said Subdivision Agreement with Robert Braun Construction Limited on October 6th, 1980; and WHEREAS, it is deemed expedient to amend further the said Subdivision 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" to amend the Subdivision 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 15th day of December , 1980. y?? Li9-B? yor X Clerk SCHEDULE "A" By-Law #1212/89 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 - CORPORATION OF THE TOTIN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner and the Town entered into a Subdivision Agreement, dated April 24th, 1978, notice of which was reg- istered on September 22nd, 1978, as Instrument No. LT77193, with respect to a plan of subdivision of lands comprising Plan M-1154; and WHEREAS, the Owner and the Town entered into an Agreement to amend the said Subdivision Agreement which Amending Agreement was dated October 6th, 1980 and notice of which was registered on as Instrument No. LT ; and WHEREAS, it is deemed expedient to amend further the said Subdivision Agreement in certain respects; NOW THEREFORE, THIS AGREEMENT WITNESSETH that, in consider- ation 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 inclus9-_ and Blocks A and B, according to Registered Plan M-11.;4 for the Regional Municipality of Durham. 2. In this Agreement, the term "Subdivision Agreement" means the Agreement between the Owner and the Town dated April 24th, 1978, notice of which was registered on September 22nd, 1978 as Instrument No. L.T77193, as amended by a subsequent Agreement between the Owner and the Town, dated October 6th, 1980, notice of which was registered on as Instrument No. LT -2- 3. (1) Line 4 of subsection (b) of section 13 of Schedule "B" of the Subdivision Agreement is hereby amended by deleting.therefrom the term "1979" and substituting therefor the term "1981". (2) Subsection (c) of the said section is hereby amended by deleting therefrom the term "1979" in the first line thereof and the term "1980" in the third line thereof, and substituting therefor the terms "1981" and "1982", respectively. (3) Line 4 of subsection (d) of the said section is hereby amended by deleting therefrom the term "1979" and sub- stituting therefor the term "1981". 4. INTERPRETATION (1) Time shall be of the essence in this Agreement. (2) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. (3) This Agreement shall amend the Subdivision Agreement only to the extent necessary to give effect to the provisions of this Agreement. IN V7ITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers so authorized. SIGNED, SEALED & DELIVERED ROBERT BRAUN CONSTRUCTION LIMITED THE CORPORATION OF THE TOWN OF PICKERING