HomeMy WebLinkAboutBy-law 2253/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2253~86
Being a by-law to authorize the execution of an
Agreement to amend Subdivision Agreement dated
April 24, 1978, respecting Plan M-1154, Pickering
(Draft Plan 18T-75016; Robert Braun Construction
Limited ).
WHEREAS, on January 16, 1978, the Council of The Corporation of the Town of
Picketing enacted By-law 751/78 authorizing the execution of a Subdivision Agreement
between Robert Braun Construction Limited and The Corporation of the Town of
Picketing respecting that part of Lot 2, Concession 1, Pickering, shown on Draft Plan
18T-75016; and
WHEREAS, the installation by the Regional Municipality of Durham of a sanitary sewer
on Sheppard Avenue has resulted in certain amendments required to be made to that
Agreement;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
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 24, 1978, respecting that part of Lot 2, Concession 1, Picketing, des-
ignated as Draft Plan 18T-75016 (Robert Braun Construction Limited).
BY-LAW read a first, second and third time and finally passed this 16th day of June,
1986.
John E. Anderson, Mayor
TOWN 'OF
PICKERING
APPROVED
LEGit
SCHEDULE A to By-Law Number .2255/8,6
THIS AGREEMENT made this 16th day of June, 1986.
BETWEEN:
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, by Agreement dated April 24, 1978, between the Owner and the Town, the
Owner proposed to subdivide and register a plan of subdivision of part of Lot 32,
Concession 1, Picketing, now being Plan Number M-1154; and
WHEREAS it is deemed desirable to amend the said Agreement in a certain respect;
and
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
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 (formerly in the Township of Pickering in the County of Ontario) and
Province of Ontario and being composed of all of Lots 2, 3, 4, and 5, Plan
M-1154.
In this Agreement, the term "Subdivision Agreement" shall mean the Agreement
dated April 24, 1978, between the Owner and the Town, notice of which was
registered September 22, 1978 as Instruraent LT77193.
The Owner acknowledges and agrees that it is bound by all the terms and
provisions of the Subdivision Agreement as amended hereby.
Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it
shall be read and construed as "Owner or Owners" and UhisU~ "her" or "them~',
respectively, and the number of the verb agreeing therewith shall be construed
accordingly.
5. Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
7. (1)
Section 13 of the Subdivision Agreement is amended by deleting from line
2 and line 4 "$1,250.00~} in each case and substituting "$1,750~ therefor.
(2) Section 13 is further amended by deleting "five (fi)' from line 10 and
substituting "ten" therefor.
Subsection (c) of section 14 of the Subdivision Agreement is amended by delet-
ing "$1,250.00" from line 4 and substituting "$1,750" therefor.
Section 15 of the Subdivision Agreement is amended by deleting "$5,000.00"
from line 4 and substituting "$7,000" therefor.
10.
Section 18 of
therefor:
the Subdivision Agreement is deleted and the following substituted
18. The Owner agrees to construct or cause to be constructed five
dwelling units, one on each of,
(a)
(b)
(c)
(d)
(e)
Part 1, Plan 40R- ;
Parts 2 and 3, Plan 40R-
Parts 4 and 5, Plan 40R- ;
Parts 6 and 7, Plan 40R- ; and
Part 8, Plan 40R- ,
all of which shall be completed before June 30, 1988.
11. Clause (n) of section 20 of the Subdivision Agreement is amended by deleting
"mechanics" from line 10 and substituting "construction" therefor.
12.
The TIME LIMITS section of Schedule A to the Subdivision Agreement is deleted
and the following substituted therefor;
TIME LIMITS
1. All aboveground and underground works shall be completed by
June B0, 1988.
13,
Section 2 of Schedule B to the Subdivision Agreement is amended by deleting
~$500,000.00" and substituting ~$5,000,0D0~ therefor.
14.
Section 6 of Schedule B to the Subdivision Agreement is deleted and the follow-
ing substituted therefor:
The Owner shall pay to the Town the sum of $3,923 in lieu of the
provision of parkland, payable as follows:
(a)
$3,065 within 30 days of the registration of Plan M-1154,
receipt of which is hereby acknowledged, and
(b) $858 before July 31, 1986.
15.
(1)
(2)
(3)
(4)
(5)
(6)
Clause (i) of subsection (d) of Section 7 of Schedule B to the Subdivision
Agreement is amended by deleting "$32.00", "$475.00" and "$605.00" from
lines 2, 3 and 5 thereof and substituting "$46", "$685" and "$872" there-
for, respectively.
Clause (ii) of that subsection is amended by deleting "$2.50" and "$7.40"
from lines 2 and 4 and substituting "$3.60" and "$10.67" therefor, re-
spectively.
Clause (iii) of that subsection is amended by deleting "$6.00" in line 2
and substituting "$8,65" therefor,
Clause (iv) of that subsection is amended by deleting "$7.25" in line 2
and substituting "$10.45" therefor.
Clause (v) of that subsection is amended by deleting "$90.00" and
"$150.00" in lines 2 and 4 and substituting "$129.74" and "$216.23"
therefor, respectively.
Clause (vi) of that subsection is amended by deleting "$30.00" in line 2
and substituting "$70,00" therefor,
16. Sections 13 and 14 of Schedule B to the Subdivision Agreement are deleted.
IN WITNESS WtIEREOF, 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
ROBERT BRAUN CONSTRUCTION LIMITED
Robert Braun. President
THE CORPORATION OF TflE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk