2804-2010 Agreement with Irace Construction & Homeowners in Irace Subdivision
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH IRACE CONSTRUCTION LIMITED AND THE INDIVIDUAL LOT OWNERS OF THE IRACE SUBDIVISION
Passed by Council January 11, 2010
CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 2804
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH
IRACE CONSTRUCTION LIMITED AND
THE INDIVIDUAL LOT OWNERS OF THE IRACE SUBDIVISION
WHEREAS the Municipal Act, 2001 c. 25 S.O. 2001 section 8 allows for the Powers
of a Natural Person and those powers may include the entering into an agreement.
NOW THEREFORE the Council of the Township of Augusta hereby enacts as
follows that:
1. The Corporation of the Township of Augusta enter into an Amending Agreement
made this 11th day of January, 2010 between the Township, the individual lot
owners whose property will be effected by this agreement, Trace Construction
Limited and Anna Trace, which agreement amends the Subdivison
Agreement entered into on April 18, 1989.
2. This By-Law shall be registered on the lands contained in Schedule “A” attached
hereto.
3. The Reeve and the CAO are hereby authorized to sign the agreement on behalf
of the Corporation of the Township of Augusta.
4. The Reeve and the CAO are hereby authorized to sign all legal documentation
necessary to register same in the Grenville Land Registry Office.
READ a first time and second time this 11th day of January 2010.
READ a third time and passed this 11th day of January 2010.
Signed by Reeve Mel Campbell and Clerk Linda Robinson
THIS AMENDING AGREEMENT made this 11th day of January, 2010
BETWEEN:
IRACE CONSTRUCTION LIMITED
and ANNA IRACE (as representative of Irace Construction)
Herein called the “Owner” OF THE FIRST PART
AND
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Herein called the “Township” OF THE SECOND PART
AND
THE INDIVIDUAL LOT OWNERS
(more particularly laid out in Schedule “A”)
Herein called the “Lot Owners” OF THE THIRD PART
WHEREAS the Owner and the Township entered into a Subdivision
Agreement, on or about the 18th day of April, 1989 as it related to a plan of
subdivision being generally described as a parcel in the Township of Augusta, in
the County of Grenville, being composed of that portion of the west ¾ of Lot
35 in the 1 Concession lying south of the lands of the Canadian National
Railway and north of Highway No. 2 save and excepting Parti on Reference
Plan 15R-7062.
AND WHEREAS the Lot Owners shown in Schedule “A” are the registered
owners of the lands referred to as the Irace Subdivision and are subject to the
subdivision agreement dated April 18th, 1989 and registered in the Grenville
Registry Office, Division 15 as Instrument No. 102938.
AND WHEREAS all parties wish to amend the subdivision agreement.
NOW THEREFORE THIS AGREEMENT WITNESS THAT in consideration of
the mutual covenants hereinafter expressed, the parties hereto amend,
covenant and agree one with the other as follows:
1. The above recitals are true and correct, and form part of this
agreement.
2. This agreement binds the parties and runs with the lands and
premises set out in Schedule “B” and is intended to be registered on
title.
3. The subdivision agreement is hereby amended as follows:
(i) Schedule ‘B’ and ‘N’ of the aforementioned subdivision
agreement are amended by:
(a)deleting the top soil and grass seed for the park
known as Block 33
(b)deleting the fence around the park known as Block 33
(c) deleting the Berm north of Lots 27, 28 and 1
(d)adding or relocating the fence referred to in (b) to the back or north side of Lots 27, 28 and 1
[PAGE MISSING FROM DOCUMENT]
(ii) Schedule ‘H’ is amended by deleting the requirement to
create a road bed, as well as pave that section known as
Lyons Street.
4. For greater certainty the subdivision agreement is amended in simple
terms, by relocating the fence at the train tracks to the back of Lots
27, 28 and 1.
5. The Lot Owners in addition and as consideration for the amendments
are to be given the sum of forty thousand dollars($40,0000.00) to,
amongst other things, renovate, revitalize and improve the front
entrance to the subdivision, add street lights and shelters for
mailboxes.
6. The Owner acknowledges that the Township has liquidated two lots, it
held as security for the performance of the covenants under this
subdivision agreement, and acknowledges that the funds in the
amount of forty thousand dollars ($40,000.00) paid to the residents
comes from the proceeds of the sale of these lots.
7. The Owner also acknowledges that the Township has incurred and
spent funds to perform certain works under the subdivision agreement
that it failed to do, and the Owner acknowledges and consents to
those expenditures.
8. The Owner also acknowledges its obligation under section 53 of the
agreement, to pay the Township’s legal fees and costs.
9. This Amending Agreement may be executed in any number of
counterparts and all of such counterparts taken together shall be
deemed to constitute one and the same instrument.
DATED at Augusta, Ontario this day of January, 2010.
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Signed by Reeve Mel Campbell and Clerk Linda Robinson
DATED at Augusta, Ontario this day of January, 2010.
IRACE CONSTRUCTION LIMITED
Signed by Anna Irace
This By-Law shall be registered on the following lands:
LT 1, PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0173 (LT)
LT 2, PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0174 (LT)
LT 3 PL 1084, S/T INTEREST IN PR156967; S/T EXECUTION 09-0000267, IF ENFORCEABLE;
S/T EXECUTION 94-0000747, IF ENFORCEABLE; S/T EXECUTION 96-0000297, IF ENFORCEABLE;
AUGUSTA, BEING ALL OF PIN 68183-0175 (LT)
LT4 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0176 (LT)
LT 5 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0177 (LT)
LT 6 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0178 (LT)
LT 7 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0179 (LT)
LT 8 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0180 (LT)
LT 9 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0181 (LT)
LT 10 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0182 (LT)
LT 11 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0183 (LT)
LT 12 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0184 (LT)
LT 13 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0185 (LT)
LT 14 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0186 (LT)
LT 15 PL 1084; S/T PR107726; AUGUSTA, BEING ALL OF PIN 68183-0187 (LT)
LT 16-17 PL 1084; S/T PR107726; AUGUSTA, BEING ALL OF PIN 68183-0188 (LT)
LT 18 PL 1084; S/T PR107726; AUGUSTA, BEING ALL OF PIN 68183-0189 (LT)
LT 19 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0190 (LT)
IT 20 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0191 (LT)
LT 21 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0192 (LT)
LT 22 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0193 (LT)
IT 23 PL 1084; AUGUSTA, BEiNG ALL OF PiN 68183-0194 (IT)
LT 24 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0195 (LT)
LT 25 P1 1084; AUGUSTA, BEING ALL OF PIN 68183-0196 (LT)
LT 26 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0197 (LT)
LT 27 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0198 (IT)
IT 28 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0199 (IT)
LT 29 P1 1084; AUGUSTA, BEING ALL OF PIN 68183-0200 (LT)
LT 30 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0201 (IT)
IT 31 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0202 (LT)
LT 32 P1 1084 S/T DEBTS IN PR189553; AUGUSTA, BEING ALL OF PIN 68183-0203 (IT)
BLK 33 P1 1084; AUGUSTA, BEING All OF PIN 68183-0204 (IT)
BIK 34 P1 1084; AUGUSTA, BEING All OF PIN 68183-0205 (R)
RESERVE BIK 37 P1 1084; AUGUSTA, BEING All OF PIN 68183-0206 (IT)
RESERVE BIK 38 PL 1084; AUGUSTA, BEING ALL OF PIN 68183-0302 (IT)
RESERVE BLK 39 P1 1084; AUGUSTA, BEING ALL OF PIN 68183-0303 (IT)
