Loading...
HomeMy WebLinkAboutBy-law 1213/80CORPORATION OF THE TOWN OF PICKERING BY-LATHY NO. 1213/80 Being a By-Law of an Amending Construction L of the Town of 1, 2, 3 and 4, 18T-74281) to authorize the execution Agreement between Jackarm imited and the Corporation Pickering respecting Lots Plan M-1159 (Draft Plan WHEREAS, by Agreement dated March 6th, 1978, and registered on October 26th, 1978, as Instrument No. LT79119, between Pickering Nursery School Limited and the Corporation of the Town of Pickering, Pickering Nursery School Limited proposed to subdivide and register a plan of subdivision of part of Lot 31, Plan 509, now being Lots 1, 2, 3 and 4, Plan M-1159, Pickering, being ministry of Housing Draft Plan No. 18T-74281; and WHEREAS, the said plan was registered on October 26th, 1978 as Plan M-1159; and WHEREAS, the Owner herein is the successor in title to Pickering Nursery School Limited; and WHEREAS, it is deemed desirable to amend the said Agreement 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 the Amending Agreement, in the form attached hereto as Schedule "A", between Jackarm Construction Limited and the Corporation of the Town of Pickering respec- ting Lots 1, 2, 3 and 4, Plan M-1159, Pickering (Draft Plan 18T-74281). BY-LAW read a first, second and third time and finally passed this 15th day of December , 1980. i C1 rk j SCHEDULE "A" By-Law #1213/80 THIS AGREEMENT made in triplicate this 15th day of December, 1)'0`0. B E T W E E N: JACKARM 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 March 6th, 1978, and registered on October 26th, 1978, as instrument No. LT79119, between Pickering Nursery School Limited and the Town, Pickering Nursery School Limited proposed to subdivide and register a plan of subdivision of part of Lot 31, Plan 509, now being Lots 1, 2, 3 and 4, Plan M-1159, Pickering, being Ministry of Housing Draft Plan No. 18T-74281; and WHEREAS, the said plan was registered on October 26th, 1978 as Plan M-1159; and WHEREAS, the Owner herein is the successor in title to Pickering Nursery School Limited; and WHEREAS, it is deemed desirable to amend the said Agree- ment in certain respects; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consid- eration 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 premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of all of Lots 1, 2, 3 and 4, Plan M-1159. 2. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated March 6th, 1978 and registered on October 26th, 1978 as Instrument No. LT79119, between Pickering Nursery School Limited and the Town. - 2 - 3. The Owner herein acknowledges and agrees that it is the suc- cessor to Pickering Nursery School Limited, and as such, is bound by all the terms and provisions of the Subdivision Agreement. 4. The last line of section 8 of the Subdivision Agreement is hereby deleted and the following substituted therefor: The Owner may from time to time apply for a reduction in the bond, cash or letter of credit and such appli- cation shall be made to the Town Manager and, upon written verification of the Director of Public Works, that the services for which reduction is being sought have been satisfactorily completed, such reduction may be granted. 5. Section 12 of the Subdivision Agreement is hereby deleted and the following substituted therefor: Time Limit for Construction of Homes The Owner agrees to construct or cause to be construc- ted four (4) housing units which shall be completed within five (5) years of the date of registration of the final plan. 6. Schedule "A" of the Subdivision Agreement is hereby deleted and the following substituted therefor: Time Limits The time limits for the completion of the works herein shall be: a) With respect to underground services - four years from the date of registration of the final plan of subdivision; b) With respect to aboveground services - five years from the date of the registration of the plan of subdivision. 7. (1) Line 5 of subsection (b) of section 6 of Schedule "B" of the Subdivision Agreement is hereby amended by deleting therefrom the term "1979" and substituting therefor the term 111982". (2) Section (c) of the said section is hereby deleted and the following substituted therefor: If, at the end of the year 1982, the required industrial/commercial buildings have not been constructed, then commencing in 1983, the Owner shall pay annually an amount equal to the amount of taxes calculated in accordance with the assessment and tax rate of the Town in effect at the time of default and as adjusted from time to time, as if the required industrial/commercial buildings had in fact been constructed, as liquidated damages. (3) Line 5 of subsection (d) of the said section is hereby amended by deleting therefrom the term "1979" and sub- stituting therefor the term "1982". 8. Time shall be of the essence of this Agreement. - 3 - 9. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF 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 JACKARM CONSTRUCTION LIMITED THE CORPORATION OF THE TOWN OF PICKERING