HomeMy WebLinkAbout92-96
,
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92.96
being a by-law to authorize the entering into of
an Agreement to amend a Subdivision Agreement
WHEREAS Schickedanz Bros. Limited and the Corporation of the Town of Newcastle
entered into a Subdivision Agreement pursuant to Section 50 of the Planning Act, 1983,
S.O. 1983 c.1 which was registered against title in the Land Registry Office for the Land
Titles Division of Durham (No. 40) as Instrument No. LT153022.
WHEREAS the parties have agreed that it is expedient to amend this Agreement to give
effect to the recommendations of Paragraph 3.2.2.1 contained within the Development
Charge Policy Report identified in Staff Report PD-59-92 at the Special Meeting of
Council held on March 2, 1992 as amended by Council at its meeting held on March 23,
1992.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
~.
NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1. The execution of an amending agreement to amend the Subdivision Agreement
between Schickedanz Bros. Limited and the Corporation of the Town of Newcastle
registered as Instrument No. 153022 in the Land Registry Office for the Land Titles
Division of Durham (No. 40), to give effect to the recommendations of Paragraph
3.2.2.1 contained within the Development Charge Policy Report, identified in Staff
Report PD-59-92 at the Special Meeting of Council held on March 2, 1992 as
amended at the Meeting of Council held on March 23, 1992, be approved.
2. That the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Town of Newcastle the aforesaid amending agreement.
By-law read a first time this 23rd day of March, 1992.
By-law read a second time this 23rd day of March, 1992.
By-law read a third time and finally passed this 23rd day of March, 1992.
SENT BY:ShibIQY Klghlon
. \l- -'~- iJ.!. ."..L u......~;.,j. ~
~
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THIS AMENDIN(~ A.GREEMENT made as of thl. 23rd day of Marth, l"Z
BETWEEN:
"Hl!; CORPORATrON OF THE TOWN OF NEWCASTLE
(hereinafter catled t.he ''Town'1
Of THE FIRST PART
. and .
SCIlICKEDANZ BROS. LIMITED
(hereinafter clllled the "Owner')
01" lHE SECOND PART
WHERE4.S;!
It. The Owner and Lhc Town entered lmo an Agreeme'.nt (the "Subdivision
Agreement") OD July 18. 1989 pursuant to Subse~tiQn 50(6) or llu: PlanniDi Act. 1983 S.O.
1983 c.l, in llatid'action of a condition nf approy~l by the .RegioDw Municipality of Durham
of drafL flew uf Subdivision 18T -87035.
B. The Subdivision Agreement applies in respect of the lwlt.ls mure particularly
described in Schednle "A" hereto (the "Suhdivi&ion Agreement Lands"). It is registered
aguu15t tile lltlc: LU we Lands as Instrument No. 'I~~~(r}.lln the Land Registry Offico for the
Land Titles DivbioD of Durham (No. 40) (lbc: "Land Regisuy Office").
C. Pinal plan~ of ~\Ibdlvision of the Subdivision Agreement I...ands have been
registered as Plans 10M-829 iSm) lOM-830 in the Land Rr.gistry Office l the "Final Plans").
n. On the date as of which this Nuending Agreement is made we Owner is the
uwner of Lots 1. ~ to 21, :in, 34, 58 to 69, 71. 75, 76, 82, 83, 86 to 116, 123, 128, 129, 130,
133 to 140 on PlanlOM.829 und LoIS 1 to 9Z em Plan IOM-830. in fl!,e simple absolute free
and c10ar of encurnbrunces. The aUon:said WIS UJI Plans lOM-829 and lOM.It~O $lre
referreo tf) ('1)lIectively herem as the "Amending J\grecmcnt Lands").
E. The Town's DireclOl ur Plannlni and Development hh.~ 5ubmitte.d a report
entitled ''Town of Newcutle Development Charges rolicy RepofL . f'inal Report for
PresOnlatlon to G.P.A. nn M.arcl12, 1992" to the Town Council for consideration at a public
meeting held on MardI 2. 1992 (the -flnal Report").
Page 3
F. Recommendatiuu3,2.2.1 a~ amended by <':ouncil on March 23. 1992 contained
in the Hnal Report provides in part u follow~;
"',
Suuwvi~ers under agreements executed and registered prior to Mwch 1991
be exempted frOID liability to pay the Town.wide development chnrgc lor
residential development that is pOIllliued on their plan~ of sllbdivi&io~
provided that 1he su.bdivider ond mortgagoes Wlder the subdlvfsiDD
II.geemelJ~ in question have entered iDto agfHmenu with the Town
sntisfuctory to the Director of Planning and Development in consultation with
the Towc's Solicitor to pay on the occasions set uut in the existing ~1Jhdivisjon
agreements in question, deveJopment levies calculated in acconJauce witb the
Town's levy l'chedule of July 1989 adjusted by tbe Engineering News Record Construction
Cost Indexes for 22 cities AS vubUshcd In tbe Engineering News Record to the
cJate on whi.cl1 payment is actually made to the Tuwn_ W1I.ive any ri,ght that
tbey may have under the Development Chargos Act. 1989 either to a credit
in respect ue works that they have or arc to construct or Einunc:ial
contributio.n:l thet they have Illude: or are to make pursuant to those
agreements, waive any right to make a claim for cOwjJc:ru;auon therefore
aialnst the Tnwn, and in fa~ pay 100% of the remaining adjusted
dcvclopmeUll~vies to the Town prior tn March. 21, 1992.
G. At its meeting of Mnrch 23, 1992, Council amended Rtlcommendatlon 3.2.2.J
'-'Untamed In tho FJnal Report iDter alia by addins at the end thereof the followi~;
provided that in the cue or tbe Subdiv1.'\ion A&reement hetwef>.n
Schickedanz Bros. Limited and the Town relating to the lamJs within
Plans 10M-829 and 10M-lBU OD or before March 23, 1992 the Owner
in fact pays two humJreu and fourteen thon~and eiSht hundred and
twenty ,four (5214,824.00) dollars to Lhc: Tuwn; and
(a) aarces In pay three additional amount.~ of two hundred and
twenty Lhree lhuustmd seven hundred and forty-six ($223.746.00)
dallAl'S each to the Tow11 ~ foJlow~;
(i)
two hundred and twenty-three thousand seven hundred
WItJ fOTty.!iX .(SZ2J.746.00) (!nll~l'S prior to the issuance
of the sixty--e:ighIP (€B.l buillling permit complL~g part
of the "Undeveloped Dwellinss" (as hereafter dcfiucd)
or Marf;h 23rd. 199~, Whichever oecms first;
/
(ii) two hundred and twenty-three thousand scv~n hundred
~.nd forty.six ($223.746.00) dollars prior to the issuance
.. _0. . _. __, . -.1 0'.;;'
t
."'-J ".
Page 4
.. ~ ,:'r:)'-
of the me hmdmd c:ni ihirty fourih (134~ui1ding
p~rmit for dw~mnJS comprising part of the U I1dtveloped
DweUings or Mar,h 23rd. 1994. whichever OCCUfl first;
and
(Hi) two hundred ~CJ twenty-three thou~.nd seven hundred
and forty.six (S223.74~.OO) tollals I'riur to the issuance
of t.he }:wo hundredth (200) rbuilding
p~rm1t or Marcb 23rd, 1995, whichever occurs first.
adjusted j,n each cnse referred to in clauses (a). (b) and (c) to
the date of the partic111ar payment in a.ccorde,ncc. with the
Engiuccrin.: News Record roOst TndevE'-s for 22 cities for Toronto
. as published in the En~neeril1~ Ntws Record for the period
from March 23, 1992 to the actual date of LIlc particular
payment, and
(b) on or before March 27.1992 deposils willi the Town's TIea.~urer
an unconditional and irrevocable letter of ~rcdit in the amount
of six humlred and !lcvenly-one thousand two hundred ond
thirty-ciKht ($671.238,00) dollars is.f\ued hy a bank listed in
Sch6dule "A" or lIB" of the Dank Act, acceplable to tbe Town's
Treasurer and containing terms slldsfactory to the Town's
TI't'UUler to secure the perfnrmance, of the Owner's agreement
to make the paymc:uLS.
H. lbe P8rtie~ have agreed that on tbe day a.s of wbich this Amending
Agreement is made buildiuI permits bave not heen iSstlt',d for torty-nine (49) single family
dwellings and sixty-two (62) semi-detached dw~llllil5 on Plan 10M-829 and for twenty.eight
(2R) single family dwellings and one hundred arid twenty-eigbt (128) ~emi-detacbed
clwe1ll.ngs on Plan lOM.H30 (the "Undeveloped Dwellings") which ate permitted to be
COD.$trudcd on the Amcmdini Aireement Land~ hy the Final Plans.
J. '['he Parties have agreed on the day Il.! of which tIus ALIumuinlf Aireement
b made that the aggreg;kte amount to be paid on account of tbe development lc:vies lhat
remain to be paid to the.: Tuwn under lhe Subdivi~irm Agre.e01ent calculated in accordancc_. .q
with the Town's leY)' scbedule of July, 1989 adjusled by Lhe Engineering New~ Rerord Cons truct ion
Indexes for 12 cities as provided by the Engineering News Record to the dale 011 which .
paymel1t lhereor will actUally be made i!i ~iBht hundred and eighty-six tbouSlUlll sixty-two
(5886,062.00) dollars (the "Agreed Paymelll"),
Pag.S
J. The Owner has agree" witb the Town to waive any right that it lIlay bave
under the Development Charecs Acl. R.S.O. 1990 c. 0.9 (the "Act") to a credit in respect
of wnrlcs that it has constructed or is to con.,truCl or financial contrihlltioDS that it has
luadc ur is to make pur~mtnt to the Subdivision ^8rccmcnt, and to waive any rf.&ht that it
may have to make a claim for compensation therefor against the Town.
K. '1 be purpose of tbls Amending ~ec.ou:lIl is to amend the Subdivision
Atu'cCJ.ll~nt to the extent ne.cessary 10 give effect to this Amending Alrccwant.
L. TIds Amending Agrocmeol i> lJJllde ":S~l$f'ieolion SI of the P!aIlniog
Act R.:-i.O. l!l!ilU. c. P.13. It is authorized by Dy.)a l:I.SScd by Town C".onncil on
March 23. 1992.
NOW THEREFORE WJTNESSE'I1i THAT in con.~derat.ion of tbe premises
and the covenants hereinafter expressed, and the sum of Two (S2.oo) Dollars of lawful
maney oC Canada, DOW paid by ea,r.h Party to the others (the receipt whereof by each Parly
is hereby acknowledged). the PlUties hereto covenant and agree to and with each other as
follows:
ARTICLE 1 . INTERPRETATION ANn SCHEDULES
1.1 Oeftnltlol1.l
(I.) In this Aml'mJing Ajreement the term:
"Act" has the meaning Qssil11cd to it in Recital J of thb Amendlna Aireement
I'~ced Payment" has the meaning assigned to it in Recital I of this Amending
Agreement.
"Amending Agrr.ernent Lands. has the meaning ussigncd to it in Recital"DN of this
Amending A"rt:ement.
"Council" meaQ6 the council of The Corporation or lhe: Town of Newc3.lilleo
"De\'~loVlUcnt Charge By.law" rncan~ :\ by-law passed pursuant to the Act.
"Pinal Plan.~" has the meaning c..~incd to it in Reti1.a1 C of 1his Amending
Agrtlemcnt.
"}oOinal ReportW has the meaning assigned to il in Recital E of this AmendinS
Agrl\f!ment.
..~ ~~w ~V'W.~ 1I4V
L.
Pase6
"First Payment" has the mcanilJA a.-.siKned TO It In paragrSlph 3.1(a) of the Amendina
Agre~m~nt.
''Land Regbery OICh.'C. has the meanfnl assigned to it in Recit41 B of this Amending
Agreement.
"OW11Cc'. meaDS the Party of the Second Part to this Amending AAl'cement, ItS
5U<<cs.'40rs and asslf.Uli and when used tn l'ef~r to a mCCCSSOJ or assignee of such
Party, or to adother person, an uwneJ iudu<.lcs an Indivtdll~l, an association, a
parmer~hip or 8 corporation.
"Reserved I'roccedsll b~ the meanIns a!i~igncrl to it in paragraph 3.] (b) of this
Amending Asre.ment.
"Security. has the meaning a...lligned to it in paragra.ph 3.1(d) of chi, Amcndilli
Ap'cemc:nt.
I'SubdJvj~inn Agreement. has the me3nilJ8 o.ssign~d to it in R~clL~l A of this
Amending ~reemeDL
"Subdivision Agreement Lnnds" he, the meaning ~igned to it in Recital R nf this
Amending Agreement.
"Subsequent Payments" bas tlIe ll1eanlni a~lined to it in paragraph 3.1(c) of this
Amending Asreement.
"Undeveloped Dwellings" has the meJming assigned to it in Recital H of this
Amending Agreement.
(2) Except as otheJWi~e provided in tbis Amending Agreement, the terms used ill thh
Amendilll Agret:ment have tbe ~me meanings as are attributod to them in the
Subdivision Agreement. Unless LILt: ~ontcxt otherwf~e requires the sinsu1az includes
the plural and tbe plural Jncludcs the singular.
ARTICLE 2 . GENERAL
~.1 R!C!itRl~ In Operative Part or Alreem~nt
The Owner representS and WiUHmls to the Town that ~f.h of Recitals A toO and
H to J( of thi$ Amending Agreement is correct.
~ ....
Page 7
ARTICLE:] - FIN~CIAJ..
3.1 PlU'mf!nt In be mlllde to TOM!
(a) Notwitbstonding any of ilic provisions of t,he Subdivisinn Asreem.ent. including
without limiting the generality of the fOl'e~uifli paraaraph 3.4 and Schedule ItD"
thereof. on or hefore Match 23, 1992 the Owner .hall pay to the Town the fium of
two hundred anu fourteen lhnu~nd eiSht bundred and twenty-four ($214,824.00)
dollars os part of the: AJt[ecd Payment (the "Firt.l Payment"). The First Pl1ymcnt
may be made in cash or by chcquo drd.wn on a CanadIan chart.eTl'.d bank and
payable to the Town. 'lbe cash or choq\l$ Cor the First Pllymc!ll 5hall be deposJted
with tbe Towu'~ Trcasuter who ~hall hold it in escrow pending the enactment of iI
Development Charge Dy.law pWliuum to tne Act by the '('own Council from which
Ry-law ilii e.xentpted or which By-law has the effect or extmpling the Owner from the
requirement of making aD)'wrther payment to tbe Town on a"count o! development
charges payable ill respect of any of t.h~ llndevelopedDwellings prior to the
issuanc:o of buildJug permits thcre(ol',
(b) AIi soon as 1!i rea~()nlilhly practicable following the pwing of A 'Dcvclo,pwCllt ChaI:i~~_
By-low by tbe Tuwn Council. the Town'~ Treasure.! sh,All casb the Owner's
\
cheque and deposit the proceeds Lhc:n:of in a reserve ncC:O\lnt (the "ResetVed
Proct'.E'.ds"), if an appeal to the Ontario Municipal Docud frulD the passing of the
D~velopment Charge By-JlIw il not taken by any person or organization within LIle
uppcal period prescribed by the ACt, at any time following the expiry of the
aforesaid appe31 period, tbe Reserved p{occt:UI' may he appropriatefi hy the Town
for any purpo'e of the Town permitted by law. If any perSOll or orlanizatlon
apvcals tu the Ontar1o Mllnidpal Hoard from tbe passing of the DcvelopmenL
Charge By-law, the Resc;rvtd Proceeds may he ~ppropriated by the Town for any
purpose permitted by law at tiny time followiul!/. tbe effective date of the orde.r of the
Ontario Ml1nidpal Hoard favuurable to the Development Chzuge By-law and the
exempliuu (rum the Development Charge (ontempl~ted by pllragraph 3.1(a) of this
Amending Agreement whell1cr or not any other prClvision of the By.law is amondod
by the Board. If a Dove]opmcnt Chaq(c Dy.law b v~ed by COuncil on or before
JUly 1. 1992 and it is amended by tbe Ontzuio Municipal BOaJ'd by the Board
repealiui the exemption referre.d to in paragraph 3.1(a), this Amending AgreClllcnl
sball terminate and the Reserved Proceeds ~hall he repaid to the Owner without
interest or deduction. If tbe result of an appealw lbe Ontario MunicipRl Board is
that the Ontarin Mllnicip~l Board repeals the De....elopment Charge By-hiW. the
Reserved Proceedllllball be retained by the Town pending Council's dotenninntion
whether to enact 0. new Development Cbarg~ By-law. provided that. if a new By-
law Is not enacted within the period of six (6) months following Lhe: tlec1slon and
O!'der uf the Ontario M"ni~pnl Hoard respecting the Town)a previous DevcloJJlueot
. ...W"""""....'\J-.JIo.i.;J-:
~10 ~u~ !O/Q.~ ~/l~
-
Page 8
Charge Dy~law. tubi Amending Agreement sball terminate and the Rcscl'\'cu
Proceeds shall be repaid to the Owner without Interest or deduction,
(c) nJC~ Owner all'ee.~ tn make further payments (the "Subsequent PaYllitmtli'1 to the
Town in acc:o(d8Jl<;~ with the following St'.he.duJe of payments:
(f) two .hundred and twenty-three thousand &even hundred and ~ forty-six
(S223.746.oo) dollars prior ~ the issuance of the s~ (6 a)buikling
permit or MarcIl 2.lrd. 1993. whichever oecurs tlrstj
(II) two hundred and twen~-thrcc thousand $cvcn lJumJred and forty-~!r
(5223.746.00) qo~lars prior to the is~u2.r.tee of the one hundred and thiry
e igh th ; ( 138 th ) 'buildlni per~[ for dwelUngs comprising part of the
Uncle\'cloped Dwelling.1t or Marth 23n]. 1994. whIchever occurs first;
(iH) twu hun~ied and twenty-three thousand seven hundred and forty.six
(5223,746.00) dollars prior to the Issuance of the. two hundredth
( 200 t h ~ ) building pc:rmit or Marth 2JnJ. 1995. whichever oCC:lI~ first.
The amuunt of eacb of the SUh~eqllenr l'ayments shall be adjusted to the date of
payment or the date of apprupdatlon of tbe "Security" (as hereafter defined)
I .
therefor in accordance with the P.ngineering N CWi RecorU ~"t Indexes for 2Z Cflie.~
as published in the bngi~.ering News Record for the period from Marcb 23. 1992
to the actual Wite of payment or apprnpriation, as tbe ease ,may be. If ot the time
thct a SubsequcDt Payment is 1lI,u.l~. the First Paymen-t which ('.omprised the whole
or part of the Re&8IVed Proceeds hau been appropriilll::ll hy lht Town In accordance
'WJth paragraph 3.1(b). the Subliequent Payment in question and later Subsequeut
Payments wade or the Security for ;my of them that hali heen appropriated by the
Town U$ provid~d in this Amending A2fcemcnt, may be appropriated by the Town
for any Town purpose permitted by law. If the first Payment contlnue.~ to he
requIred to he retained as the Reserved Proceeds by paragraph 3.1(b), at the lime
tha.t Sub~equent Payments l.tl'e mane, the Subf;equent Paymont 01' the l11I1ount
thereof appropriated by the Town [rom the Secunry a~ provided in this Amending
Agreement, shall be deposited by tbe 'rown'~ Tl'casw.t:r in the reserve account in
which thfl Reserved Proceeds have been deposited. Ellch of ~uch Sub~;\lucnt
PaYlllcuUi ur appropriatIons from the Security. as the ~3se may be, that is so
deposited shall be dealt with by lhc.-= town in the same mlm"t'!r all Reserved
Proceeds as is provided by paro.gJuph 3.1(b). and paragraph 3.1(b) shall apply with
all necessa.:y changes theret.o ~eing considered to have been mode.
(d) On or before March 27, 1992 the Owner ~haU deposit with the Town'~ Ttea.~urer an
uncnnclffionaJ and irrevocable letter of crodit in the a.moullt of ~iA hundred and
ieJ \; 1 "'"'
"
Page 9
.evenly-one thousand two I1wJ\Jn:tlllnd thlny.eighl (Sti71.2:~8.00) donali issued by
a bank listed in Schedule "A~ or "B" of the Dank Acl. acx:eptabJe to the Tnwn's
Treasurer and containing terms satisfactory to the Town's Treasurer (the "S~w'jlY")
to .e':'l.lre ll1c: v~rrunnance of tbe Owner's c.ovenant to make each of tbe Subsequent
P:lyments II.S provided by pasagralvh 3.I(e). If the Owner defaults in maldns any
Subsequent Payment, the Town's Trca.surer on behalf of Lh" Town may appropriate
from lhe Security l\n amount equal to the Subsequent Payment in default, adJusLeU
as provided in P&ll1l1fKph 3.I(e). Forthwith thereafter the Town', Treasurer shall
give n,otlce of such action to the Owner. If the OWner faUs tn deposit the Security
in accordance with this puagraph 3.1( d), notwithstanuing any ollier vrovi8ion of this
Amending Aareement, it ..hnll terminate, the First Pllyment shall be repaid to the
Owner without ill~l'~~t ur deducdon and the Owner hereby consents to the
amendment of D Development Char~c By-law that the Town Council may have
pa"~ to rescind the exemption from the By-law of the Undeveloped Dwellings on
the Amending Agreement. 11Iuds.
{e) Notwithstanding the other provisions of tJJts Aulcm.l1ni Aereemem. I,rlor to the
f~l,uance of a building permit for any single fomily dcta.ched dwellini, VI semi.
dClCtched dweIlI.ni to he locatf'..l1 on a lot or a part of a lot eomprising ony pa.rt of
the Amending AgrccmellL LaJlUS that Is In acJilltion to the number of single f.&mily
detached dweJIings and scmi.detached dwellings UniL comprise the Undeveloped
DweJ1ing.~, the Uwner &haU pay to the Town in respect of each such adcJitiunaJ
cJweUing an amount equal to three thousand three hundr~d and fifty-two ($3,352.00)
doUo.rs per dwelling, adju~tod ill i1ccurdance with tbe Engineering News1{ecord Cost'
Indexes for 22 cities as published in the nngincering New~ Record for the period
from March Z~. 1992 to the actual date of pClyment.
3.2 Release or Owner
The Town acknowledges and agrees that on tho occurrence of the first day on which
the First Payment is made and the ~lIh'ieqlH~nt Payments and/or the amount of the
Security for nny of tbe Subsequent PaYIl1~nls realized by the Town may be appropriated by
the Town for any Town purpose permitted by the law in acC(m,h:m~.,'e with this Amending
Agreemen~ the Owner will thereupon be released from any further obli~ation to pay ilUY
lum(s) Oil l:lccount of "development levies' (as detined in the Subdivision Agreement) as
otherwi."e would be required LO UC: pwd to the Town under the SlIhdlvision Agreement.
ARllCLE 4 - WAIVF.R BY OWN~R
Tbe Owner hereby waivcll I1nY right that It may hu\'e under the Act either to a tredit
in re~pect of any of the "Works" (as defined in the Subdi\'ision Agreemellt) maL tbe Owner
b~ ~unstructed or l~ to eon~tn'ct or financial contributions tho.t it hils made or is to make
('
,
. ~
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Page 10
pUIl>l1Q.nt to the Subdivision Agreement, (illtl any rliht the OWner may have to make a
claim either for c:ompensl1tion in respect of such "Worblr or in rc:sv~ct uf any of such
financial enntnnutions asainst the Town. Por the G'Ioida.ncc of doubt, nothing in this
Article 4 1s iUlCl1cJ~cJ tu lLffect the provislnn~ of paragraph 5.21 and Scbedule .P" of the
Subdivision Aarecment.
ARTICLE ~ . enNnl'l'lON$
5.1 Ante_din. ~melll Condltlollal
lbts Amending Agr~ement is subject to the expresR condition precedc:nt that the
Town Council pas.,~ a Development Charie By~law pnrsu::tl1t to the Act on or before July
1, 1992 which by-l~w has the effect of exclllpLiJlg Lite Owner In respect of lhe develnpment
of the Undevelope,~ Dwellinss from the development charge impolied by the By-law. In
the event .that mch a Development Charge By-law is not enacted by the T~wnCo~ciJ on
or before July 1. 1992. lWs Amending Aireement Mall termin:tte. If the. .~heque
, ...--)
depo&ited with the Town's TrcWlurer has not been C:lUIJ~IJ. it sbalJ be refwided to the
Owner as soon as reasonably possible following the termination of this Anl~Ud..U..tl
Aireemcnt.
5.2 Amendln, ~ntent Not to Fetter
Notlling rontained In thill Amending Agreement is intended to fetter nor sh311 it be
taken as fettcrinl in any way the dbcret10n of 1he Town Council ('I) to enact or not to
enact a Development Charge By.taw pursuant to the Act, 01' (2) tu enact a By-law from
which the Ownp.t is or is not exempted or whic:h hIlS tho effc~t of exempting or not
eX~U1pLiJl~ the Owner In respect of the development of th~ Undeveloped Dwellings from
payment of a dcvelopment (barge i1l1v~ed by Ii Development Charge By-law.
ARTICLE Ii - M'SC~LLANEOUS
'.1 S,bdivlsion. Acreement Not Oll1erw,Jse ArJElm4
The Subdivision Agreement is amended to the extent necessary to give effect to the
proviliioml of this Amending Agre~mf.l1t. In all. other respect!:, the provisions of tbe
Subdivision ^8rccmcnt c:onLlnu~ umJ are not affected In any way by the provisions of tbis
Amending Agreement.
6.2 ReldstratioJl or Amendlnl Aareemenl
The Owner consents to re8istration of :1 notice of this Amending ~rcemcnl aa~t
the title 10 the Amending Agrt'.I\ment Lands.
SENT BY:Shlbley Rlghton
3-23-92 ;11:41AM
416363.3339-+
41b ~5~ lij/b;~i~/lJ
~.
'"
'.. .
Page 11
'-3 Time of EI!lell~
Time is of the essence of thlK Amending Agreemenl
'-4 RUC!NItOtl
nua Amending Aareemem shall enure to the bene.fit of and be binding on the
Parties here-lo, and their reapc(tivc SUCCC.'iMJrli and asSignli.
6.S AuthOali1 to Mau ~mlnt
The OYmer acknowledge~ and u..,n:Cli that the Town has authority to enter intll t"i~
Amendins Agreement. that every pro'iision hereof is authorized by tb~ law aJ.ld is Cully
enforceable hy the P~Tnes. and that this Amending Agreement is o13de by the Town in
reliance on tuc acknowlcclicmem and Il&:reement of t.he Owner ns afore5iaid.
IN WITNESS WHEREOF tbe parties hereto have hereunto afflJlcd their cOj'porat~ liea1lS
by the hAnd~ nf t,hp.ir proper ofticl!n duly allthorbed in that beho.lf tho dQ.Y and year first
above: written.
THE CORPORATiON OF THE
TOWN OF NEWCASTLE
N,me:
L
SCH~DANZ
d:J/~ /'
Namf!:
DANIEL SCHICKEDANZ - VICE-PRESIDENT
C'-
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Pase 12
a.CIIEDULE II""
nflS SCHEDVLE 15 SCHRUllLE MAl to the Amending Agreement which
q 2 - '-I b
has been D.Uthorizcd and approved by By-Law "efT of the C.orporation of the Town of
Newcastle. passed on the 23rd day of March, 1992.
LEGAL DESCRIPTIQ,N OF SUBnIVI~ION lANDS
Pan of Lnm 9 ami 10, Concession 2,
TowJubip uf Darll11ilon. D01N in the Town of Newcastle,
Reponal MUJ1iclpalilY of Durham,
Heins
PlU1 of Lots 1, 3. 4, 6. 7 and 9.
All of Lot 8,
And Part of the Unnamed L:me Block "All,
AllllccordlJlj to C.O. Rllnnins's Plan
And
All of Lots 21 and 23. Block "A",
Part of Winnstanlc)' Street between Block I'A'" lInd Block "Bu,
All of lots 25, 27, 29, 31. 33,35,37,39 and
Lo15 41 and 54 boUl inclusive. Block "D",
AmI Pan or Mann Street,
All according Lu T.W. Herrick's Plan
Designated as Part 1 on Plan lOR.
"d' , .
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