HomeMy WebLinkAboutBy-law 1213/80CORPORATION OF THE TOWN OF PICKERING
BY-LATHY NO. 1213/80
Being a By-Law
of an Amending
Construction L
of the Town of
1, 2, 3 and 4,
18T-74281)
to authorize the execution
Agreement between Jackarm
imited and the Corporation
Pickering respecting Lots
Plan M-1159 (Draft Plan
WHEREAS, by Agreement dated March 6th, 1978, and registered
on October 26th, 1978, as Instrument No. LT79119, between
Pickering Nursery School Limited and the Corporation of the
Town of Pickering, Pickering Nursery School Limited proposed
to subdivide and register a plan of subdivision of part of
Lot 31, Plan 509, now being Lots 1, 2, 3 and 4, Plan M-1159,
Pickering, being ministry of Housing Draft Plan No. 18T-74281;
and
WHEREAS, the said plan was registered on October 26th, 1978
as Plan M-1159; and
WHEREAS, the Owner herein is the successor in title to
Pickering Nursery School Limited; and
WHEREAS, it is deemed desirable to amend the said 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
the Amending Agreement, in the form attached hereto
as Schedule "A", between Jackarm Construction Limited
and the Corporation of the Town of Pickering respec-
ting Lots 1, 2, 3 and 4, Plan M-1159, Pickering
(Draft Plan 18T-74281).
BY-LAW read a first, second and third time and finally passed
this 15th day of December , 1980.
i
C1 rk j
SCHEDULE "A"
By-Law #1213/80
THIS AGREEMENT made in triplicate this 15th day of
December, 1)'0`0.
B E T W E E N:
JACKARM 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, by Agreement dated March 6th, 1978, and registered
on October 26th, 1978, as instrument No. LT79119, between
Pickering Nursery School Limited and the Town, Pickering
Nursery School Limited proposed to subdivide and register
a plan of subdivision of part of Lot 31, Plan 509, now
being Lots 1, 2, 3 and 4, Plan M-1159, Pickering, being
Ministry of Housing Draft Plan No. 18T-74281; and
WHEREAS, the said plan was registered on October 26th,
1978 as Plan M-1159; and
WHEREAS, the Owner herein is the successor in title to
Pickering Nursery School Limited; and
WHEREAS, it is deemed desirable to amend the said Agree-
ment in certain respects;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consid-
eration of the sum of two dollars ($2.00) paid by each
Party to the other, receipt of which by each is hereby
acknowledged, the Parties hereto agree as follows:
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 all of Lots 1, 2, 3 and 4,
Plan M-1159.
2. In this Agreement, the term "Subdivision Agreement" shall
mean the Agreement dated March 6th, 1978 and registered
on October 26th, 1978 as Instrument No. LT79119, between
Pickering Nursery School Limited and the Town.
- 2 -
3. The Owner herein acknowledges and agrees that it is the suc-
cessor to Pickering Nursery School Limited, and as such, is
bound by all the terms and provisions of the Subdivision
Agreement.
4. The last line of section 8 of the Subdivision Agreement is
hereby deleted and the following substituted therefor:
The Owner may from time to time apply for a reduction
in the bond, cash or letter of credit and such appli-
cation shall be made to the Town Manager and, upon
written verification of the Director of Public Works,
that the services for which reduction is being sought
have been satisfactorily completed, such reduction
may be granted.
5. Section 12 of the Subdivision Agreement is hereby deleted and
the following substituted therefor:
Time Limit for Construction of Homes
The Owner agrees to construct or cause to be construc-
ted four (4) housing units which shall be completed
within five (5) years of the date of registration of
the final plan.
6. Schedule "A" of the Subdivision Agreement is hereby deleted
and the following substituted therefor:
Time Limits
The time limits for the completion of the works herein
shall be:
a) With respect to underground services - four years
from the date of registration of the final plan of
subdivision;
b) With respect to aboveground services - five years
from the date of the registration of the plan of
subdivision.
7. (1) Line 5 of subsection (b) of section 6 of Schedule "B"
of the Subdivision Agreement is hereby amended by
deleting therefrom the term "1979" and substituting
therefor the term 111982".
(2) Section (c) of the said section is hereby deleted and
the following substituted therefor:
If, at the end of the year 1982, the required
industrial/commercial buildings have not been
constructed, then commencing in 1983, the
Owner shall pay annually an amount equal to
the amount of taxes calculated in accordance
with the assessment and tax rate of the Town
in effect at the time of default and as
adjusted from time to time, as if the required
industrial/commercial buildings had in fact
been constructed, as liquidated damages.
(3) Line 5 of subsection (d) of the said section is hereby
amended by deleting therefrom the term "1979" and sub-
stituting therefor the term "1982".
8. Time shall be of the essence of this Agreement.
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9. This Agreement and everything herein contained shall enure
to the benefit of and be binding upon the Parties hereto,
their successors 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
JACKARM CONSTRUCTION LIMITED
THE CORPORATION OF THE TOWN OF PICKERING