Loading...
HomeMy WebLinkAboutBy-law 3483/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3483/90 Being a by-law to.authorize the execu, tion .of a Release and Discharge of certatn obligations contained tn the Subdivision Agreements respecting Plans 4OM-149& 40M-1499 and 40M-1500, Pickering. WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), The Corporation of the Town of Pickering and Silwell Developments Limited and Berma Estates Lirmted entered into an Agreement dated February 2, 1987, Notice o.f which was registered on December 3, 1987 as Instrument No. LT362554, respecting the subdivision and development of Plan 40M-1498, Pickering; and WHEREAS., pursuant to that section, the Town and Silwell Developments Limited and Berma Estates Limited entered into another Agreement dated February 2, 1987, Notice of which was registered on December 3, 1987 as Instrument No. LT362557, respecting the subdivision and development of Plan 40M-1499, Picketing; and WHEREAS, pursuant to that section, the Town and Fulco Automotive Limited entered into another Agreement dated June 29, 1987, Notice of which was registered on December 3, 1987 as Instrument No. LT362552, respecting the subdivision and development of Plan 40M-1500, Pickering; WHEREAS certain o.f the terms and conditions of those Agreements, insofar as they affect the reconstruction of serwces in or on Notion Road adjacent to those plans, are now redundant; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. Upon payment to The Corporation of the Town of Pickering of the sum of $241,467.47 (May 1990 dollars, adjusted in. accordance with the Southam Construction Cost Index, Ontario Series, Composite Port,on, to date of payment), the Mayor and Clerk are hereby authorized to execute a Release and Discharge, (a) in the form attached hereto as Schedule A, of certain portions of the Agreement dated February 2, 1987, Notice of which was registered December 3, 1987 as Instrument No. LT362554, between Silwell Developments Limited and Berma Estates Limited and. The Corporation of the Town of Picketing, respecting that aspect of the subdivision and development of Plan 40M-1498, Pickering, requiring the reconstruction of services in or on Notion Road adjacent to the Plan; and (b) in the form attached hereto as Schedule B, of certain portions of the Agreement dated February 2, 1987, Notice of which was registered December 3, 1987 as Instrument No. LT362557, between Silwell Developments Limited and Berma Estates Limited and The Corporation of the Town of Pickeri~g, respecting that aspect of the subdivision and development of Plan 4.0, M-1499, P~ckering, requiring the reconstruction of services in or on Notion Road adjacent to the Plan. 2. Upon payment to The Corpo. ration of the Town of Pickering of the sum of $59,563.25 (May .1990 dollars, adjusted ~n. accordance with the Southam Construction Cost index, Ontan.o Series, Composite Port~on, to date of payment), the Mayor and Clerk are hereby authorized to execute a Release and Discharge, m the form attached hereto as Schedule C, of certain portions of the Agreement dated June 29, 1987, Notice of which was registered December 3, 1987 as Instrument No. LT36.2554, betwe, en Fulco Automotive Limite.d and The Corporation of the Town of Pickenng, respecting that aspect of the subdiwsion, and development of Plan 40M-1500, Pickering, requiring the reconstruction of services ~n or on Not,on Road adjacent to the Plan. 3. Schedules A, B and C hereto form part of this By-law. BY-LAW read a first, second and third time and finally passed this 28th day of June, 1990. Wayne Ar thur~/May-or /~ ' ~i~ " / '~' ~ BrUce T~ylbr, Cle~l~ TOWN CF PICK£RING ^PPROYED L£GAL THE CORPORATION OF THE TOWN OF PICKERINQ BY-LAW NO, 3483 Being a by-law to authorize the execution of a Release and Discharge of certain obligations contained in the Subdivision Agreements respecting Plans 40M-1498, 40M-1499 and 40M-1500, Pickering. WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), The Corporation of the Town of Pickering and Silwell Developments Limited and Berma Estates Lirmted entered into an Agreement dated February 2, 1987, Notice of which was registered on December 3, 1987 as Instrument No. LT362554, respecting the subdivision and development of Plan 40M-1498, Picketing; and WHEREAS, pursuant to that section, the Town and Silwell Developments Limited and Berma Estates Limited entered into another Agreement dated February 2, 1987, Notice of which was registered on December 3, 1987 as Instrument No. LT362557, respecting the subdivision and development of Plan 40M-1499, Picketing; and WHEREAS, pursuant to that section, the Town and Fulco Automotive Limited entered into another Agreement dated June 29, 1987, Notice of which was registered on December 3, 1987 as Instrument No. LT362552, respecting the subdivision and development of Plan 40M-1500, Picketing; WHEREAS certain of the terms and conditions of those Agreements, insofar as they affect the reconstruction of services in or on Notion Road adjacent to those plans, are now redundant; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. Upon payment to The Corporation of the Town of Picketing of the sum of $241,467.47 (May 1990 dollars, adjusted in accordance with the Southam Construction Cost Index, Ontario Series, Composite Portion, to date of payment), the Mayor and Clerk are hereby authorized to execute a Release and Discharge, (a) in the form attached hereto as Schedule A, of certain portions of the Agreement dated February 2, 1987, Notice of which was registered December 3, 1987 as Instrument No. LT362554, between Silwell Developments Limited and Berma Estates Limited and The Corporation of the Town of Picketing, respecting that aspect of the subdivision and development of Plan 40M-1498, Pickering, requiring the reconstruction of services in or on Notion Road adjacent to the Plan; and (b) in the form attached hereto as Schedule B, of certain portions of the Agreement dated February 2, 1987, Notice of which was registered December 3, 1987 as Instrument No. LT362557, between Silwell Developments Limited and Berma Estates Limited and The Corporation of the Town of Picketing, respecting that aspect of the subdivision and development of Plan 40M-1499, Pickering, requiring the reconstruction of services in or on Notion Road adjacent to the Plan. 2. Upon payment to The Corporation of the Town of Pickering of the sum of $59,563.25 (May 1990 dollars, adju. sted in accordance with the Southam Construction Cost Index, Ontario Series, Composite Portion, to date of payment), the Mayor and Clerk are hereby authorized to execute a Release and Discharge, in the form attached hereto as Schedule C, of certain portions of the Agreement dated June 29, 1987, Notice of which was registered December 3, 1987 as Instrument No. LT362554, between Fulco Automotive Limited and The Corporation of the Town of Picketing, respecting that aspect of the subdivision and development of Plan 40M-1500, Picketing, requiring the reconstruction of services in or on Not~on Road adjacent to the Plan. 3. Schedules A, B and C hereto form part of this By-law. BY-LAW read a first, second and third time and finally passed this 28th day of June, 1990. Wayne Arthur~Vlay~or //~ 6c r, Cle / TOWN CF PtCKERING APPROVED LEGAL DEP Schedule A RELEASE AND DISCHARGE WHEREAS the Agreement dated February 2, 1987, Notice. of which was registered December 3, 1987, in the Land Registry Office for the Land Titles Division of Durham (lqo. 40) as Instrument No. LT 362554, between, SILWELL DEVELOPMENTS LIM1TED and BERMA ESTATES ..LIMITED hereinafter collectively referred to as the "Company" - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town", provided for the subdivision and development of what is now Plan 40M-1498, Picketing; and WHEREAS certain of the terms and conditions of that Agreement requiring the reconstruction of services in or on Notion Road are now redundant; and IN CONSIDERATION OF the payment by the Company to the Town of the sum of $ , receipt of which by the Town is hereby acknowledged, THE TOWN HEREBY remises, releases and forever discharges the Company, its successor and assigns, from any and all liabilities, actions, causes of action, debts, claims or demands of any kind whatsoever which the Company may have been, is, or may become subject to pursuant to the provisions of the Aiueement insofar as those provisions affect the reconstruction of services in or on Notion Road adjacent to the Plan. IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to by its properly authorized officers. DATED at Pickering, Ontario this 28th day of June, 1990. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk Schedule B RELEASE AND DISCHARGE WHEREAS the Agreement dated February 2, 1987, N.o.tice. of which was registered December 3, 1987, in the Land Registry Office for the Land Titles D~vis~on of Durham (No. 40) as Instrument No. LT 362557, between, SILWELL DEVELOPMEN'I~ LIMITED and BERMA ESTATES LIMITED hereinafter collectively referred to as the "Company" - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town", provided for the subdivision and development of what is now Plan 40Mo 1499, Picketing; and WHEREAS certain of the terms and conditions of that Agreement requiring the reconstruction of services in or on Notion Road are now redundant; and IN CONSIDERATION OF the payment by the Company to the Town of the sum of $ , receipt of which by the Town is hereby acknowledged, THE TOWN HEREBY remises, releases and forever discharges the Company, its successor and assigns, from a.ny and all liabilities, actions, causes .of action, debts, claims or demands of any kind what.soever which the Company may have been, is., or may become subject to pursuant to the prowsions of the Agreement insofar as those provisions affect the reconstruction of services in or on Notion Road adjacent to the Plan. IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to by its properly authorized officers. DATED at Picketing, Ontario this 28th day of June, 1990. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk Schedule C RELEASE AND DISCHAROE WHEREAS the Agreement dated June 29, 1987, Notice of which was registered December 3, 1987, in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument No. LT 362552, between, FULCO AUTOMOTIVE LIMITED hereinafter referred to as the "Company" - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town", provided for the subdivision and development of what is now Plan 4OM-1500, Pickering; and WHEREAS certain of the terms and conditions of that Agreement requiring the reconstruction of services in or on Notion Road are now redundant; and IN CONSIDERATION OF the payment by the Company to the Town of the sum of $ , receipt of which by the Town is hereby acknowledged, THE TOWN HEREBY remises, releases and forever discharges the Company, its successor and assigns, from any and all liabilities, actions, causes of action, debts, claims .or demands of any kind whatsoever which the Company may have been, is, or may become subject to pursuant to the provisions of the Agreement insofar as those provisions affect the reconstruction of services in or on Notion Road adjacent to the Plan. IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to by its properly authorized officers. DATED at Picketing, Ontario this 28th day of June, 1990. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk