HomeMy WebLinkAboutBy-law 4490/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 4490/94
Being a by-law to authorize the execution of a Subdivision
Agreement Amending Agreement to amend the Subdivision
Agreement dated June 28, 1993, respecting the development
of Draft Plan 18T-89077 (Part Lot 24, Concession 2,
Pickering; Gossamer Hills Inc.).
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Pickering and Gossamer Hills Inc. entered into a Subdivision
Agreement dated June 28, 1993, respecting the subdivision of Part Lot 24, Concession 2,
Pickering, being Draft Plan of Subdivision 18T-89077; and
WHEREAS it is desirable to amend that Agreement to extend the time limited therein for the
registration of the final plan and for certain related purposes;
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 between Gossamer Hills Inc. and The Corporation of the Town of
Pickering, in the form attached hereto as Schedule A, amending the Subdivision
Agreement dated August 4, 1987, respecting Draft Plan 18T-89077, to extend the time
limited therein for the registration of the final plan and for certain related purposes.
BY-LAW read a first, second and third time and finally passed this 19th day of September, 1994.
Schedule A
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made September 19, 1994, pursuant to the
provisions of section 51(6) of the Planning Act, R.S.O. 1990, chapter P.13,
BETWEEN:
GOSSAMER HILLS INC.,
herein 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 section 51 of the Planning Act, R.S.O. 1990, chapter P.13, the Owner and the Town
entered into a Subdivision Agreement dated June 28, 1993, respecting the proposed subdivision of part of Lot
24, Concession 2, Pickering, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-
89077; and
WHEREAS that Agreement required that the plan of subdivision be registered on or before February 28, 1994,
failing which the Agreement would be null and void and of no further effect; and
WHEREAS it is desirable to amend that Agreement to extend the time limit for registration of the plan of
subdivision;
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 lands affected by this Agreement (herein called the "Lands") are Lots 1 to 68, Plan 40M-
Pickering.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement dated June 28, 1993,
between the Owner and the Town.
3. The Owner and the Town are bound by,
(a) the terms and conditions of the Subdivision Agreement as amended by the terms and conditions
of this Agreement, and
(b) the terms and conditions of this Agreement,
and shall continue to be bound by thereby.
4. (1) Time shall be of the essence of this Agreement.
(2) This Agreement and everything herein contained shall enure to the benefit of and be binding
upon the Parties hereto, their successors and assigns.
5. Subsection 2(1) of the Subdivision Agreement is hereby deleted and the following substituted for it:
(1) In the event the plan of subdivision is not registered on or before December 31, 1994, this
Agreement shall be null and void and of no further effect, and the Town shall not be liable for
any expenses, costs or damages suffered by the Owner as a result thereof
6. Section I of Schedule C to the Subdivision Agreement is hereby deleted and the following substituted
for it:
1. DEVELOPMENT CHARGES PA YABLE
(1) Until and including October 7, 1994, the development charges payable under the Town's
Development Charges By-law 3854/91 for each dwelling within this project is $4,985.
(2) From and after October 8, 1994, the development charges payable for each dwelling
within this project will be as set out in subsection (1) as adjusted on October 8, 1994, and
annually on every October 8 thereafter until paid, in accordance with the Engineering
News Record Cost Index (Toronto).
(3) The amount of the development charge set out in subsection (1) has been derived as
follows:
administrative services - town offices $377
administrative services - capital growth studies 85
protection -fire facilities 93
protection -fire vehicles and equipment 154
storm drainage, roads, sidewalks, storm sewers, lighting and other services 964
transportation - works yards, vehicles and equipment 205
transportation - transit 52
parks - parkland acquisition 397
parks - parkland development 824
major recreational facilities - major indoor recreational facilities 865
library - library facilities 230
library - library materials 141
electrical distribution services and facilities 598
total $4,985
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
GOSSAMER HILLS INC.
Edwin Hyde, President
I have authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - ONTARIO HYDRO
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 , Ontario, this day of ,1994.
SIGNED, SEALED AND DELIVERED
ONTARIO HYDRO
We have the authority to bind the Corporation.
ENCUMBRANCER - VICTOR PROUSKY. TRUSTEE
The Encumbrancer hereby postpones any rights or interests which he 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 , Ontario, this day of ,1994.
SIGNED, SEALED AND DELIVERED
in the presence of
(seal)
Victor Prousky, Trustee