HomeMy WebLinkAboutBy-law 4403/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4403/94
Being a by-law to authorize the execution of a
Subdivision Agreement Amending Agreement respecting
the development of Lot 40, Plan 40M-1664, Pickering
(Cougs Investments (Pickering) Ltd)
WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O 1990, chapter P.13,
The Corporation of the Town of Picketing and Cougs Investments (Picketing) Ltd. entered into a
Subdivision Agreement dated May 6, 1991 (notice of which was registered October 1, 1991 as
Instrument Number LT565561 respecting the development of Plan 40M-1664, Pickering; and
WHEREAS, that Subdivision Agreement requires amendment to provide for the extension of the time
limited for the development of Lot 40, Plan 40M-1664, Picketing;
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 a Subdivision Agreement Amending
Agreement, in the form attached hereto as Schedule A, between Cougs Investments (Pickering)
Ltd. and The Corporation of the Town of Pickering, amending the Subdivision Agreement dated
May 6, 1991, notice of which was registered October 1, 1991 as Instrument Number LT565561,
to provide for the extension of the time limited for the development of Lot 40, Plan 40M-1664,
Pickering, to March 31, 1995.
BY-LAW read a first, second and third time and finally passed this 22nd day of March, 1994.
Way;;~Mayor -~
4~ruce Taylor, Clerk
TOWN OF'
PICKERIN(3
~S TJ ~:GRM
L~' .t. DEPT.
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made March 10, 1994, pursuant to the
provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
COUGS INVESTMENTS (PICKERING'} LTD.
herein called the "Owner"
OF THE FIRST PART,
TI-tE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS pursuant to the provisions of the predecessor of section 51 of the Planning Act, R.S.O. 1990,
chapter P.13, the Owner and the Town entered into a Subdivision Agreement dated May 6, 1991 (notice of
which was registered October 1, 1991 as Instrument Number LT565561), respecting the subdivision of what is
now Lots 1 to 89, and Blocks 90 to 94 and 96 to 100, Plan 40Mo1664, Picketing; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the delayed
development of Lot 40, Plan 40M-1664, Picketing;
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 covenant
and agree one with the other as follows:
1. The lands affected by this Agreement are Lots 1 to 89 both inclusive, and Blocks 90 to 94, both inclusive,
and Blocks 96 to 100, both inclusive, Plan 40M-1664, Picketing.
2. The Owner and the Town acknowledge and agree that they are bound by the terms and conditions o£ the
Subdivision Agreement and shall continue to be bound by it, as amended hereby.
3. Section 19 of the Subdivision Agreement (Performance & Maintenance Guarantee) is hereby
amended by adding to it the following subsection:
(5) Despite the provisions of subsections (1), (2), (3) and (4), above, from and after April 1, 1994,
the amount of the performance and maintenance security required to be supplied to the Town
shall be $10,000, in which amount the security shall be maintained until the obligation to
guarantee all obligations and works in or associated with Plan 40M-1664, Pickering has
expired, when the balance of the security shall be returned to the Owner subject to any
deductions for rectification of deficiencies.
4. Section I of Schedule A to the Subdivision Agreement (Time Limit for Work & Guarantee for
Workmanship & Materials) is hereby amended by adding to it the following subsections:
(7) For the purposes of this section this project shall be divided into two phases, one phase
comprising all of the Lands except Lot 40, Plan 40M-1664, and the works, services and other
matters relating thereto ("Phase 1 "), and the other phase comprising Lot 40, Plan 40M-1664,
and the works, services and other matters relating thereto ("Phase 2").
8. The Time Limit for Work and Guarantee for Workmanship and Materials for Phase 1 shah be
determined in accordance with subsections (5) and (6) of this section.
9. The Time Limit for Work and Guarantee for Workmanship and Materials for Phase 2 shah be as
follows:
(a) aH works, services and other requirements under this Agreement shah be completed by
the Owner on or before March 31, 1995: and
fo) all works, workmanship and materials employed or used in the construction, installation
or completion of aH works, services and requirements under this Agreement shah be
guaranteed by the Owner for a period qf two years from the date that the works, services
and requirements are approved in writing by the Town.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals attested by
the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
COUGS INVESTMENTS (PICKERING) LTD.
Jeremiah F. Coughlan, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk