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HomeMy WebLinkAboutBy-law 4634/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4634/95 Being a by-law to authorize the execution of a Subdivision Agreement Amending Agreement respecting the development of Block 44, Plan 40M-1508, Picketing, and the phased assumption of services in Plan 40M-1508 [Danlu, Perdanco, Inperdel- Altona West Developments] WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, Danlu Holdings Limited, Perdanco Holdings Ltd., Inperdel Holdings Limited, and The Corporation of the Town of Pickering entered into, (a) a Subdivision Agreement dated August 4, 1987 (Notice of which was registered December 22, 1987 as Instrument No. LT365117), respecting the subdivision of what is now Plan 40M-1508, Pickering; and (b) a Subdivision Agreement Amending Agreement dated June 26, 1989 (Notice of which was registered November 1, 1989 as Instrument No. LT476600), respecting the lifting of development restrictions on Block 46, Plan 40M~ 1508, Pickering; and (c) a Subdivision Agreement Amending Agreement dated August 4, 1993 (Notice of which was not registered), respecting the implementation of certain Principles of Agreement among them; and WHEREAS that Subdivision Agreement requires further amendment to provide for the development of Block 44, Plan 40M-1508, Pickering, and the phased assumption of services in Plan 40M-1508, Pickering; 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 a Subdivision Agreement Amending Agreement in the form attached hereto as Schedule A, between Danlu Holdings Limited, Perdanco Holdings Ltd., Inperdel Holdings Limited, and The Corporation of the Town of Pickering, respecting the development of Block 44, Plan 40M-1508, Pickering, and the phased assumption of services in Plan 40M-1508, Pickering. BY-LAW read a first, second and third time and finally passed this 26th day of June, 1995. Wayne Arthur~Vlayor PI(;K.£ RiI'.JG or, Clerk LE~ DEF~T. SCI-1EBUI~ A THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made June 26, 1995, pursuant to the provisions of section 51 (6) of the Planning,~ct, R.S.O. 1990, chapter P. 13, BETWEEN: DANLU HOLDINGS LIMITED, PERDANCO HOLDINGS LTD., and INPERDEL HOLDINGS LIMITED herein collectively called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P.13, the Owner and the Town entered into a Subdivision Agreement dated August 4, 1987 (Notice of which was registered December 22, 1987 as Instrument No. LT365117), respecting the subdivision of what is now Plan 40M- 1508, Pickering; and WHEREAS that Subdivision Agreement was amended by a subsequent agreement between the Owner and the Town dated June 26, 1989 (Notice of which was registered November 1, 1989 as Instrument No. LT476600), respecting the lifting of development restrictions on Block 46, Plan 40M-1508, Pickering; and WHEREAS that Subdivision Agreement was amended by a subsequent agreement between the Owner and the Town dated August 4, 1993 (a copy of which is attached as Schedule I to this Agreement), respecting the implementation of certain Principles of Agreement between them; and WHEREAS it is desirable that the Owner and the Town enter into a further agreement to provide for the phased assumption of services in Plan 40M-1508, Pickering; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with the other as follows: 1. The land affected by this Agreement (herein called the "Lands" is Block 44, Plan 40M-1508, Pickering. 2. (1) In this Agreement, the term "Amended Subdivision Agreement" means the Subdivision Agreement dated August 4, 1987 (Notice of which was registered December 22, 1987 as Instrument No. LT365117), as amended by the Amending Agreement dated June 26, 1989 (Notice of which was registered November 1, 1989 as Instrument No. LT476600) and as further amended by the Amending Agreement dated August 4, 1993, a copy of which is attached as Schedule I to this Agreement. (2) Schedule I hereto shall form part of this Agreement. 3. The Owner and the Town axe bound by the terms and conditions of the Amended Subdivision Agreement and shall continue to be bound by it, as further amended hereby. 4. Section 18 of the Amended Subdivision Agreement (Liability Insurance) is hereby amended by adding to it the following subsection: (5) The Owner may allow its Liability Insurance Policy to lapse insofar as it affects all lands in Phase 1 of Plan 40M-1508 upon the Town assuming the services within that Phase. 5. Section 19 of the Amended Subdivision Agreement (Performance & Maintenance Guarantee) is hereby amended by adding to it the following subsection: (5) Despite the provisions of subsections (1), (2), (3) and (4), above, from and after the date upon which the Town assumes the services in Phase 1 of Plan 4OM-150& the amount of the performance and maintenance security required to be supplied to the Town shall be $10,000, in which amount the security shall be maintained until the obligation to guarantee all works, services and other matters in or associated with Phase 2 of Plan 40M-1508 has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. 6. Section 1 of Schedule A to the Amended Subdivision Agreement (Time Limit for Work & Guarantee for Workmanship & Materials) is hereby deleted and the following substituted for it: 1. (1) Subject to the provisions of sections 14 and 34 of this Agreement, the Owner shall complete the works required under this Agreement and shall guarantee the works, workmanship and materials all in accordance with this section. (2) For the purposes of this section, the project shall be divided into two phases, one phase comprising all of the lands except Block 44 within Plan 4OM-150& and the works, services and other matters relating thereto ("Phase ] '), and the other phase comprising only Block 44, Plan 40M-1508, and the works, services and other matters relating thereto ("Phase 2 "). (3) In Phase I, the time limit for the completion of the works and the period for the guarantee of the works, workmanship and materials shall both expire on June 30, 1995. (4) In Phase 2, the time limit for the completion of the works and the period for the guarantee of the works, workmanship and materials shall be as follows: (a) all works, services and other requirements under this Agreement shall be completed by the Owner on or before December 31, 1996, and (b) all works, workmanship and materials employed or used in the construction, installation or completion o fall works, services and other requirements under this Agreement shall be guaranteed by the Owner for a period of two years from the date that the works, services and requirements are approved in writing by the Town. IN WITNESS WHEREOF the Town and the companies comprising the Owner hereto have hereunto affixed their respective Corporate Seals attested by the hands of their respective authorized officers. SIGNED, SEALED AND DELIVERED DANLU HOLDINGS LIMITED Guido D'Andrea, President I have authority to bind the corporation. PERDANCO HOLDINGS LTD. Tarcisio Covassi, President I have authority to bind the corporation. INPERDEL HOLDINGS LIMITED David Perini, Secretary-Treasurer I have authority to bind the corporation. THE CORPORATION OF THE TOWN OF PICKER1NG Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER - ROYAL BANK OF CANADA The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement. Dated at Richmond Hill, Ontario, this day of June, 1995. SIGNED, SEALED AND DELIVERED ROYAL BANK OF CANADA We have authority to bind the corporation. 3 SCHED~-LE I Page 2 of 4 pages THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made August 4, 1993, pursuant to the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P.13, BETWEEN: DANLU HOLDINGS LIMITED, PERDANCO HOLDINGS LTD., and I!N'PERDEL HOLDINGS LIMITED herein collectively called the "Owner" of the First Part, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" of the Second Part. WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P.13, the Owner and the Town entered into a Subdivision Agreement dated August 4, 1987 (Notice of which was registered December 22, 1987 as Instrument No. LT365117), respecting the subdivision of what is now Plan 40M-1508, Picketing, and a Subdivision Agreement Amending Agreement dated June 26, 1989 (Notice of which was registered November 1, 1989 as Instrument No. LT476600), respecting the lifting of development restrictions on Block 46, Plan 40M-1508, Picketing; and WHEREAS, on June 7, 1993, the Council of the Town enacted By-law 4240/93, adopting certain Principles of Agreement between the Owner and the Town, pursuant to which certain outstanding matters relating to the development of Plan 40M-1508, Picketing, may be resolved; and WHEREAS the iraplementation of those Principles of Agreement requires the entering into of a further Subdivision Agreement Amending Agreement pursuant to section 51 of the Planning Act; NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with the other as follows: 1. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the Owner and the Town dated August 4, 1987, Notice of which was registered December 22, 1987 as Instrument No. LT365117, as amended by the Subdivision Agreement Amending Agreement dated June 26, 1989, Notice of which was registered November 1, 1989 as Instrument No. LT476600. 2. The Owner and the Town acknowledge and agree that they are bound by the terms and conditions of the Subdivision Agreement and shall continue to be bound by it, as further amended hereby. 3. Section 27 of the Subdivision Agreement (Dwelling LInila) is hereby deleted and replaced with the following: In the event that more or less than 44 dwelling units are to be constructed in the plan, an amendment to this agreement shall be required. 4. Section 33 of the Subdivision Agreement (Provision of parkland) is hereby amended by adding thereto the following: (3) For the development by the Owner of Lot 32 with parts of Block 46 to create one additional dwelling unit in this plan, the Owner was required to convey to the Town a further 0.0050 hectares of parkland, which requirement was satisfied by allocating 0.0050 hectares of the 1.5969 credit thereto, thereby reducing the Owner's credit to 1.5919 hectares, for its use in satisfaction of any future obligation to convey parkland to the Town. 5. Section I of Schedule A to the Subdivision Agreement (Time l.imi~ for Woek & Guarantee foe Wo&manship & Materials) is hereby deleted and replaced with the following: Page 3 of 4 pages (1) The Town acknowledges that the Owner has completed all Work in Phase I of the project, subject to the rectification of any deficiencies identified in accordance with this section. (2) The Town's Public Works Department shall provide a revised list of deficiencies in this project to the Owner within one month of receiving notification from the Owner's consultants that those consultants consider the project to be complete. (3) The Town shall assume all services in the project within six months after the Owner rectifies all deficiencies identified by the Town. 6. Section 8 of Schedule A to the Subdivision Agreement (Stotmwal~r Management) is hereby amended by adding the following: (2) The Town acknowledges that the need for a temporary stormwater detention pond no longer exists, even though Stage 2 of the Petticoat Creek Stormwater Detention Pond has not been constructed, and consequently, the Town will return to the Owner the $10,O00 paid by the Owner to the Town pursuant to clause (c) of subsection (1), above, such payment to be made, at the latest, (i) 60 days following receipt by the Town of confirmation that the Metropolitan Toronto and Region Conservation Authority is satisfied that the temporary pond has been removed appropriately, or (ii) September 30, 1993, whichever occurs last. 7. Clause (a) of Section I of Schedule C to the Subdivision Agreement (lFuhae Contfibution~ to Overslzlng Cos~) is hereby deleted and replaced with the following: (a) a detailed summary of the Owner's actual cost of the design and construction of the required storm water drainage and management system, excluding lateral connections and excluding the costs of acquisition of lands and interest$ in lands outside the plan; and IN WITNESS WHEREOF, the companies comprising the Owner have hereunto affixed theft respective corporate seals, attested by the hands of their authorized officers and the Town has hereunto affixed its corporate seal, attested by the hands of its authorized officers. SIGNED, SEALED & DELIVERED DANLU HOLDINGS LIM[IED PERDANCO HOLDINGS LTD. THE CORPORATION OF THE TOWN OF PICKERING Brace Taylor, Clerk Page 4 of 4 pages ~CU]XdBRa~NC~- ROYAL BANK OF CANADA The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, tide or claim which could not be exercised by the Owner by reason of the terms of this Agreement. Dated at ~tC~AdO.~ SIGNED, SEALED AND DELIVERED ROYAL BANK OF ~NADA Wayne ~~~, ~g Services We have the authority to bind the corporation.