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HomeMy WebLinkAboutBy-law 1255/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1255/81 Being a By-Law to authorize the execution of Agreements between Bramalea Limited and the Corporation of the Town of Pickering amending Agreements dated July 29th, 1975 and August 8th, 1978, respecting Part Lot 19, Range 3, B.F.C., Pickering (Part 4, Plan 40R-2384) TC':7N CI WHEREAS, by Agreement dated July 29th, 1975 and registered August 27th, 1975 as Instrument No. D13812, between Torwest Properties Limited and the Corporation of the Town of Pick- ering, Torwest Properties Limited proposed to develop that part of Lot 19, Range 3, B.F.C., Pickering, designated as Part 4, Plan 40R-2384; and WHEREAS, by Agreement dated August 8th, 1978 and registered September 8th, 1978 as Instrument No. D76417, between Torwest Properties Limited and the Corporation of the Town of Pick- ering, Torwest Properties Limited agreed to provide services respecting the development of the said lands; and WHEREAS, Bramalea Limited is the successor in title to Tor- west Properties Limited; and WHEREAS, it is deemed desirable to amend the said Agreements 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 Amending Agreement, in the form attached hereto as Schedule "A", between Bramalea Limited and the Corpor- ation of the Town of Pickering, amending an Agreement dated July 29th, 1975 between Torwest Properties Lim- ited and the Corporation of the Town of Pickering respecting Part Lot 19, Range 3, B.F.C., Pickering (Part 4, Plan 40R-2384). 2. The Mayor and Clerk are hereby authorized to execute an Amending Agreement, in the form attached hereto as Schedule "B", between Bramalea Limited and the Corpor- ation of the Town of Pickering, amending an Agreement dated August 8th, 1978 between Torwest Properties Limited and the Corporation of the Town of Pickering respecting Part Lot 19, Range 3, B.F.C., Pickering (Part 4, Plan 40R-2384). BY-LAW read a first, second and third time and finally passed this 2nd day of March , 1981 XZ Clerk SCHEDULE 'A' By-Law 1255/81 TiMS, nGP.la:C1l fd'P made in triul.icate thi r; day of ] 931. B B T W E F N BRAMALEA L1111TIM hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, by Agreement dated July 29th, 1975 and registered on August 27th, 1975, as Instrument No. D13812, between Torwest Prouer- ties Limited and the Town, Torwest Properties Limited nroposed to develop part of Lot 19, Range 3, Broken Front Concession, Pickering, designated as Part 4, Plan 40R-2384; and WHEREAS, the Owner herein is the successor in title to Torwest Properties Limited; and WHEREAS, it is deemed desirable to amend the said Agreement in certain respects; and WHEREAS, the Encumbrancer has certain rights or interests in the lands affected hereby which may be affected by such an amendment; NO^7 THEREFORE, THIS AGREEMENT WITNESSETH that in consideration 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 ises situate, lying and being in the Town of Pickering, 9: the Regional Municipality of Durham and being composed of, That part of Lot 19, Range 3, Broken Front Concession, Town of Pickering, designated as Part 4 on a Plan of Reference filed in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan No. 40R-2384, as described in Instrument No. D13812. 2. In this Agreement, the term "former Agreement" shall mean the Agreement dated July 29th, 1975 and registered August. 27th, - 2 - 1975 as instrument No. D13812, between Torwest Properties Limited and the Town. 3. The Owner herein acknowledges and agrees that it is the successor to Torwest Properties Limited, and as such, is bound by all the terms and provisions of the former Agreement. 4. Section 2 of the former Agreement is hereby deleted. 5. Lines 1, 2 and 3 of section 3 of the former Agreement are hereby deleted and the following substituted therefor: Two levels of architectural and landscaping controls shall be applicable to the development of the lands affected as follows: 6. Section 4 of the former Agreement is hereby deleted. 7. Section 5 of the former Agreement is hereby deleted. 8. Sections 7, 8, 9, 10 and 11 are hereby deleted and the following substituted therefor: 7. The Owner agrees that it shall comply with the M2 zoning requirements of By-Law 2511, as amended from time to time. 8. The Encumbrancer hereby postpones any rights or interests in the lands to this Agreement with the intent that this Agreement shall take effect as though executed and regis- tered prior to the creation of such right or interest of such Party prior to the execution and registration of any mortgage, agreement or other document creating or defining such rights or interests. 9. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED President Vice-President THE CORPORATION OF THE TOWN OF PICKERING Mayor THE ROYAL BANK OF CANADA Per: Per: THIS AGREEMENT made in triplicate this clay of , 1981. B E T W E E N: BRAMALEA 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, - and - hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS, by Agreement dated August 8th, 1978, and registered September 8th, 1978, as Instrument No. D76417, between Torwest Prop- erties Limited and the Town (and Harvey Hubbell of Canada Limited) as Encumbrancer), Torwest Properties Limited agreed to provide for the full servicing of its industrial development in Part Lot 19, Range 3, Broken Front Concession, Pickering (Part 4, Plan 40R-2384); and WHEREAS, the Owner herein is the successor in title to Torwest Properties Limited; and WHEREAS, it is deemed desirable to amend the said Agreement in certain respects; and WHEREAS, the Encumbrancer may have certain rights or interest in the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration 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 rem- ises situate, lying and being in the Town of Pickerina, :n the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 19, Range 3, Broken Front Concession, Pickering, designated as Part 4 on a Plan of Refer- ence filed in the Land Registry Office for the Registry Division of Durham as Plan No. 40R-2384, as described in Instrument No. D76417. -2- 2. In this Agreement, the term "Servicing Agreement" shall mean the Agreement dated August'8th, 1978 and registered September 8th, 1978 as Instrument No. D76417, between Torwest Properties Limited, The Corporation of the Town of Pickering and Harvey Hubbell of Canada Limited. 3. The Owner herein acknowledges and agrees that it is the successor to Torwest Properties Limited, and as such, is bound by all the terms and provisions of the Servicing Agreement. 4. Sections 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15 of the Ser- vicing Agreement are hereby deleted. 5. Schedule "B" of the Servicing Agreement is hereby deleted. 1 6. Sections 2, 3, 4 and 5 of Schedule "C" of the Servicing Agreement are hereby deleted. 7. The Encumbrancer hereby postpones any rights or interests in the lands to this Agreement with the intent that this Agreement shall take effect as though executed and registered prior to the creation of such right or interest of such Party prior to the execution and registration of any mortgage, agreement or other document creating or defining such rights or interests. 8. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their succes- sors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED P Vice-President THE CORPORATION OF THE TOWN OF PICKERING C Per: Per: