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HomeMy WebLinkAboutBy-law 1176/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1176/80 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Robert Braun Construction Limited to amend a Subdivision Agreement dated April 24th, 1978 respecting the development of Registered Plan M-1154. WHEREAS, the Corporation of the Town of Pickering entered into a Subdivision Agreement with Robert Braun Construction Limited on April 24th, 1978 to provide for the development of Registered Plan M-1154; and WHEREAS, it is now deemed appropriate to amend the said Subdivision Agreement; 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 Agreement in the form attached hereto as Schedule "A" to amend the Subdivi- sion Agreement dated April 24th, 1978 between the Corporation of the Town of Pickering and Robert Braun Construction Limited with respect to Registered Plan M-1154. BY-LAW read a first, second and third time and finally passed this 6th day of October , 1980. TOWN APPR AS TO SCHEDULE "A" to By-law 1176/80 THIS AGREEMENT made in triplicate this day of , 1980. B E T W E E N: 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, the Owner and the Town entered into a Subdi- vision Agreement, dated April 24th, 1978, notice of which was registered on September 22nd, 1978, as Instrument No. LT77193, with respect to a plan of subdivision of lands comprising Plan M-1154; and WHEREAS, it is deemed expedient to amend that Agree- ment in certain respects; 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 agree as follows: 1. LANDS AFFECTED The lands affected by this Agreement are more particularly described as follows: 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 Lots 1 to 5 both inclu- sive and Blocks A and B, according to Registered Plan M-1154 for the Regional Municipality of Durham. 2. FINANCIAL PAYMENTS Section 13 of the said Subdivision Agreement is hereby amended by deleting the figure "1,250.00" in the fourth line, and substituting therefor the figure "$1,500.00". - 2 - 3. CONSTRUCTION & OCCUPANCY OF BUILDINGS Subsection (c) of section 14 of the said Sub- division Agreement is hereby amended by delet- ing the figure "$1,250.00" in the fourth line, and substituting therefor the figure "$1,500.00" 4. LETTER OF CREDIT Section 15 of the said Subdivision Agreement is hereby revoked and the following substituted therefor: 15. The Owner shall deposit and maintain with the Town an irrevocable bank letter of credit payable to the Town, in a form satisfactory to the Town, in the amount of $6,000.00 as security for: (a) the payments referred to in section 13 hereof, and (b) the payment of liquidated damages referred to in subsection (c) of section 14 hereof. 5. TIME LIMIT FOR CONSTRUCTION OF HOMES Section 18 of the said Subdivision Agreement is hereby amended by deleting "two (2)" in the third line, and substituting therefor "four (4)". 6. TIME LIMITS FOR COMPLETION OF WO Schedule "A" to the said Subdivision Agreement is hereby revoked and the following substituted therefor: SCHEDULE "A" 1. TIME LIMITS FOR COMPLETION OF WORKS The time limits for the completion by the Owner of the works required to be constructed by it pursuant to this Agreement shall be: (a) underground services - on or before September 30th, 1981; (b) aboveground services - on or before September 30th, 1982. 7. INTERPRETATION (1) Time shall be of the essence in this Agree- ment. (2) This Agreement and everything herein con- tained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. (3) This Agreement shall amend the said Subdi- vision Agreement, dated April 24th, 1978, only to the extent necessary to give effect - 3 - to the provisions of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers so authorized. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING r Clerk ROBERT BRAUN CONSTRUCTION LIMITED Per: Per: r ro H H HH?O C r £ X o i- (D ()n :.o ?HHrn L Q w ro m H. rt O o?m rt n a :d P- " O ?:f H- P) W o a c? a to z H H z x o e? ro x o H b O tD hl O r i 10 H C H H z H x 0 F-3 ° mz 1 tti0 o? o z H 0 H C x t-i H H H O O z E 0 H to 0