HomeMy WebLinkAbout83-84
. .
,
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 84
being a By-law to authorize the entering into of an Amending
Agreement with East Woodbridge Developments Limited and Mutt
Enterprises Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Amending Agreement between East Woodbridge
Developments Limited and Mutt Enterprises Limited and the said
Corporation dated the '3~ day of -:fu..ne.. , 1983, in the form
attached hereto as Schedule "X".
2. THAT Schedul e "X" attached hereto forms part of thi s
by-law.
BY -LAW read a second time thi s 13th
day of
day of
June
1983
1983
BY-LAW read a fi rst time thi s 13th
June
BY-LAW read a thi rd time and fi nally passed thi s 13th
day of
June
1983
~~~<
~,~
D. W. OAKES, CLERK
I file No._i.o~.:'I~~1
I .
",
THE LAND TIT~ES ACT
APPLICATION TO REGISTER NOTICE OF AGREEMENT
(SECTION 74 OF THE LAND TITLES ACT)
TO: THE LAND REGISTRAR FOR THE LAND TITLES DIVISION
OF NEWCASTLE (NO. 10)
./_~..,,~~.., /~
THE CORPORATION OF THE TOWN OF NEWCASTLE having an~interest
in the lands registered in the names of MUTT ENTERPRISES LIMITED
and EAST WOODBRIDGE DEVELOPMENTS LIMITED as Parcel Plan-l
in the Register for Section M-749, Newcastle (Darlington),
hereby. apply under Section 74 of The Land Titles Act for the
entry of a Notice of Agreement amending the terms of Agreement
No. 1008, in the Register for the said Parcel.
DATED at Whitby, this 1st day of September, 1983.
THE CORPORATION OF THE TOWN OF NEWCASTLE
by its solicitors,
J.D. Sims, Q.C.)
Per:
The address of the applican.t
for service is 40 Temperance Street,
Bowmanville, Ontario LIC 3A6.
I By-law NO_.__.M.::..K1.___1
,.
.,
THE LAND TITLES ACT
AFFIDAVIT IN SUPPORT OF APPLICATION
FOR ENTRY OF NOTICE
(SECTION 74 OF THE LAND TITLES ACT)
I, DAVID J.D. SIMS, Q.C., of the Town of Whitby, in the Regional
Municipality of Durham, make oath and say as fo11ows:-
I am the Solicitor for The Corporation of the Town of Newcastle,
the Applicant named in the application for Entry of a Notice
of Agreement under Section 74 of The Land Titles Act.
The particulars of the Applicant's interest in the land are
as follows:
Amending the terms of a registered Subdivision Agreement.
A comm~i::.
)
)
)
)
)
)
i
)
)
)
L
---,
SWORN before me at the Town
of Whitby, in the Regional
Mun~pa1ity of Durham, this
) day of September, 1983.
.D. S~ms, Q.C.
. ....
AMENDING AGREEMENT AADE IN QUINTUPLICATE THIS /~ fA. DAY OF ~q I../~
1983
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter called the "MUNICIPALITY OF THE FIRST
,PART" .
;
- and -
.EAST WOODBRIDGE DEVELOPMENTS LIMITED and
'MUTT ENTERPRISES LIMITED
Herei nafter called the "'OWNER OF THE SECOND PART"
WITNESSETH THAT:
WHEREAS the lands affected by thi s Agreement are descri bed in
Schedule "A" hereto, and herei nafter referred to as the "said 1 ands";
AND WHEREAS the Owner warrants that they are the regi stered owners of
the sa id 1 ands ;
AND WHEREAS the Muni ci pa~ ity has passed By-l aw 81-60 and the Owner
and the Municipality have duly executed a Subdivision Agreement
pursuant to said By-law on July 13th, 1981, which Agreement is
registered in the Registry Office for the ~and Registry Division of
Newcastl e (No. 10) as Instrument Number
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid Agreement;
AND WHEREAS the parties thereto agree to amend the said Subdivision
Agreement;
NOW, THEREFORE, in consideration of the mutual agreements, covenants
and promises contained herein, the parties' hereto agree as follows.
1. That Sect i on 46, Requi rements for Cert.ifi cate of Acceptance, be
deleted in its entirety and replaced with the following new Section
46:
"The Owner agrees that the construction and installation of any of
the Works authorized in an Authorization to Commence Works shall not
be deemed to be completed for the purposes of thi s Agreement unt 11
the Director has provided the Owner with written confirmation
thereof, referred to herein as a 'Certificate of Completion'. In
addition to any other requirements contained herein, no Certificate
of Completion shall be issued until:
(l) Such of the Works authori zed by the Authori zat ion to Commence
Works, for which a Certificate of Completion is required, have
been inspected by the Director, and the Municipal Council has
approved the wri tten report of the ,Di rector that such Works
have been constructed and installed in accordance with the
.1 atest vers i on of the Engi neeri ng Drawi ngs approved by the
Director; and
(2) The Municipality is satisfied that, in respect of the
cbnstruction and installation of all of the Works authorized
,by such Authorization to Commence Works, there are no
outstanding claim~ relating to such works.
Notwithstanding Subsection (2), a Certificate of Completion may be
issued ,for works authorized and completed, provided that any
remai n1ng works authori zed, but not compl eted, shall not be deemed
included; in the Certificate of Completion."
<
- 2 -
2. That Section 47, Period of Required Maintenance of Works, be
deleted in its entirety and replaced with the following new Section
47:
liThe Owner shall, from the date of the issuance of a Certificate of
Completion, maintain the Works covered by such Certificate of
Completion for a period of two (2) years. With respect to works in
Stages A and C of the Authori zat i on to Commence Works, the
maintenance period shall be one (1 ) year from the Certificate of
Comp1etion."
3. That Section 48, Maintenance Guarantee Required, be deleted in
itse.ntirety and replaced with the following new Section 48:
"In order to guarantee that all defects in the Works, which become
apparent after the issuance of a Certificate of Completion for such
Works, will be properly repaired or replaced, the Owner shall, prior
to the issuance of the Certificate of Completion for such Works,
lodge with the Municipality a Maintenance Guarantee in the form of
cash or' an i rrevocab 1e 1 etter of credit from a cha rtered Canadi an
Bank, and in an amount equal to ten percent (10%) of the estimated
cost' of the Works as set out in Schedule "J" hereto. The form of the
Maintenance Guarantee shall be subject to the approval of the
Municipal Solicitor and the Municipal Treasurer, and shall guarantee
the works unt i 1 the end of the mai ntenance peri od. II
4. . That Schedule "G", Works Required, Subsection 2(g) be deleted
in its ent i rety and replaced wi t h the fo 11 owi ng new Sub sect i on 2 (g) :
"The Owner agrees to pay to the Municipality the sum of $1,000.00 for
the supply .and installation of trees by the Town. Trees, not
exceeding one per lot, are to be 25.4 mm caliper and installed on the
lots where deemed required by the Director of Public Works."
The provisions of this Agreement shall enure to the benefit of, and
be binding upon the parties hereto and their respective successors or
assigns. .
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
.,
. ...'
~
SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
All and singular those certain parcels or tracts of land and premises
~ 1\, lsituate. lying a. nd being in the Town of Newcastle in the Regional Municipali..ty
~of Durham (formerly in the Township of Darlington, County of Durham) .
bing composed of Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,
II '
l,22~,24,25,26,27,28,301,39,42,43,44,45 and 46 as shown on a Plan of
Subdivision registered in the Land Registry Office, Land Titles Division
of Newcastle (No.IO) as M-749.
THIS SCHEDULE is Schedule "A" to the Agreement which has been authorized
and approved by By-law No. ~ 3 -jv of the Town of Newcastle, enacted and
passed the 13 II:.. day of ~ ' 1983.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
offiters duly authorized in that behalf.
"
SIGNED, SEALED [. DELIVERED
In the Presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
A.S.O.
Per:
t:...r/ 1Uti>
~.~-
CLERK
EAS
LIMITED
~
A.S.O.
)
)
)
)
)
)
)
)
)
A.S.O.
.. .
1377'
..
. "
('Y"")
a;:)
-
::E
0-
CID
Ln
(Y')
c--I
0-
!..JJ
(fJ
~\
\." ~ ~~.
~~ ~~
~'\~
~.~
~~O
I~ --
. DATED
I
June 13th
THE CORPORATION OF THE TOWN OF
NEWCASTLE
- and -
EAST WOODBRIDGE DEVELOPMENTS
LIMITED and MUTT ENTERPRISES
LIMITED
AMENDING AGREEMENT
SIMS, BRADY & McINERNEY
Barristers & Solicitors
117 King Street
Whitby, Ontario
LIN 4ZI
,~
1983
i
~
..;
..
r1
",
"