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HomeMy WebLinkAbout82-88THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 82- 88 being a By -law to authorize the entering into of an Amending Agreement with Ronald J. Sucee and Gertrude Irene Sucee. 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 Ronald J. Sucee and Gertrude Irene Sucee and the said Corporation dated the day of , 1982, in the form attached hereto as Schedule "X ". 2. THAT Schedule "X" attached hereto forms part of this by -law. BY -LAW read a first time this BY -LAW read a second time this 5th day of 5th day of BY -LAW read a third time and finally passed this July 1982 ,4 e ri D. W. OAKES, CLERK i File No ------------ v July 1982 July 1982 5th day of 60 y6 ill Fi l -Z rl c)+ 6a-rd . SCHEDULE X to By -law 82 -88 AMENDING AGREEMENT MADE (in quintuplicate) this day of 1482_ BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "TOWN" OF THE FIRST PART - and - RONALD J. SUCEE and GERTRUDE IRENE SUCEE both of the City of Oshawa in the Regional Municipality of Durham, hereinafter called the "OWNERS" OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this agreement, are described in Schedule "A hereto and hereinafter referred to as the "said lands "; AND WHEREAS the Owners warrant that they are the registered owners of the said lands; AND WHEREAS the Town has passed By -law 80 -151 and the Owners and the Town have duly executed a Subdivision Agreement pursuant to said By -law on November 6th, 1980, which is Agreement is registered in the Registry for the Land Registry Division of Newcastle (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 and covenants and promises contained herein, the parties hereto agree as follows: r - 2 - 1. Paragraph 40 of the Subdivision Agreement between the Town of Newcastle and Ronald J. Sucee andGertrude Irene Sucee registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number is hereby amended by deleting subsection 2 in its entirety and replacing said subsection with the following new subsection: "(2) All the roads which are required to be constructed under this Agreement to provide access to the proposed building have been constructed to at least the completed granular base save and except that building permits may be issued for lots fronting upon Concession Road 10, being the Road Allowance between Concessions 9 and 10, former Township of Darlington, prior to such construction, provided that the Performance Guarantee required pursuant to paragraph 23 of this Agreement has been received by the Municipality and has been maintained in good standing by the Owners." 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 In the Presence of: THE CORPORATION OF THE TOWN OF NEWCASTLE �— ao THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. of the Town of Newcastle, enacted and passed the day of 1982. LEGAL DESCRIPTION OF SAID LANDS In the Torn of Newcastle in the Regional Municipality of Durham ('formerly the Township of Darlington, County of Durham) and being composed of that portion of Lot 20 in the Tenth Concession of the said former Township, designated as Part 1 on a reference plan deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) as number 1OR -1243. 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 ) THE CORPORATION OF THE TOWN OF In the Presence of: ) NEWCASTLE .LZ CLERK RUDE IRENE �UZ`EEQsi-