HomeMy WebLinkAboutBy-law 4296/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4296/93
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 12 and 13, Plan
40M-1590, Pickering (Sandbury BuiMing Corporation,
18T-86064; Highbush-Rougemount Centre Inc.~
Woodlands-Rougemount Centre Inc., LD 12/93;
Nicholson, LD 13/93)
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, The Corporation of
the Town of Picketing entered into a Subdivision Agreement dated September 19, 1988 with Sandbury
Building Corporation (Notice of which was registered April 11, 1989, as Instrument LT442055)
respecting what is now Plan 40M-1590, Picketing, which Agreement requires amendment to provide for
the development of Blocks 12 and 13, Plan 40M-1590, Pickering, with adjacent lands (that part of Lot
170, Registrar's Compiled Plan 816, Pickering, designated as Part 5, Plan 40R-12593, and those parts of
Lot 171. Registrar's Compiled Plan 816, Picketing, designated as Parts 1 and 4, Plan 40R-12593); and
WHEREAS, pursuant to the same section of that Act, The Corporation of thc Town of Picketing
requires Sandbury Building Corporation, being the intended owner of the lands to be severed pursuant
to Regional Municipality of Durham Land Division Committee Decisions LD12/93 and LD13/93, (that
part of Lot 170, Registrar's Compiled Plan 816, Pickering, designated as Part 5, Plan 40R-12593, and
those parts of Lot 171, Registrar's Compiled Plan 816, Picketing, designated as Parts 1, 2, 3 and 4, Plan
40R-12593) to enter into a Subdivision Agreement to provide for the development thereof with adjacent
lands (Blocks 12 and 13, Plan 40M-1590, 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, amending the Subdivision Agreement
dated September 19, 1988, between Sandbury Building Corporation and The Corporation of the
Town of Picketing (Notice of which was registered April 11, 1989 as Instrument LT442055),
respecting the co-ordinated development of Blocks 12 and 13, Plan 40M-1590, Pickering, that
part of Lot 170, Registrar's Compiled Plan 816, Picketing, designated as Part 5, Plan
40R-12593, and those parts of Lot 171, Registrar's Compiled Plan 816, Picketing, designated
as Parts 1 and 4, Plan 40R-12593.
BY-LAW read a first, second and third time and finally passed this 4th day of August, 1993.
Wayne Arthur,,
Mayor
Bmc~"'~aylor, Cl~k
TOWN OF
PICKERING
APPROVEO
AS '[0 FORM
LEGAL
SCHEIDLry_E A
THIS SUBDMSION AGREEMENT AMENDING AGREEMENT made April 19, 1993, pursuant to
the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
SANDBURY BUILDING CORPORATION
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 the provisions of 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 September 19,
1988 (Notice of which was registered April I1, 1989 as Instrument No. LT442055), respecting the
subdivision of what is now Lots 1 to i1, both inclusive, and Blocks 12 and 13, Plan 40M-1590,
Pickering; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the
development of Blocks 12 and 13, Plan 40M- 1590, Picketing, in conjunction with certain abutting lands;
NOW THEREFORE THIS AGREEMENT WflNESSETH 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 are,
(a) Blocks 12 and 13, Plan 40M-1590, Pickering;
(b) that part of Lot 170, Registrar's Compiled Plan 816, Picketing, designated as Part 5,
Plan 40R-12593; and
(c) those parts of Lot 171, Registrar's Compiled Plan 816, Picketing, designated as Parts 1
and 4, Plan 40R-12593.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner and the Town dated September 19, 1988, Notice of which was registered April 11, 1989
as Instmmem No. LT442055.
3. 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.
4. Before this Agreement will be executed by the Town, the Owner shall,
(a) convey to the Town, or arrange for a conveyance by others to the Town, free and clear
of all encumbrances and at no cost to the Town, those parts of Lot 171, Registrar's
Compiled Plan 816, Pickering, designated as Parts 2 and 3, Plan 40R-12593;
(b) pay to the Town by certified cheque the sum of $4,067, being,
(i) $2,927 as a parkland contribution for Phase 2 of this project;
(ii) $70 as an engineering drawing inspection fee'for Phase 2 of this project; and
(iii) $1,070 as a subdivision agreement amending agreement processing fee
(including $70 G.S.T. - G.S.T. Registration No. R108078593).
5. Section I of Schedule A to the Subdivision Agreement Crane Limit for Work & Cmamaee for
Wodmmmhip & Materials) is hereby amended by adding to it the following subsections:
(6) For the purposes of this section this project shall be divided into two phases,
(a) one phase comprising Lots I to II, both inclusive, Plan 40M-1590, Pickering,
and the works, services and other matters relating to those lots ("Phase 1 "), and
(b) the other phase comprising one lot made up of Block 12 and Part 1, Plan
40R-12593 and a second lot made up of Block 13 and Parts 4 and 5, Plan
40R-12593, and the works, services and other matters relating to those lots
("Phase 2").
(7) The Time Limit for Work and Guarantee for Workmanship and Materials for Phase I
shall be determined in accordance with subsections (4) and (5) of this section.
(8) The Time Limit for Work and Guarantee for Workmanship and Materials for Phase 2
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, 1994; and
(b) all works, workmanship and materials employed or used in the construction,
installation or completion of all works, services and 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.
6. Section 3 of Schedule A to the Subdivision Agreement (Temporary Turning Cigl¢) is hereby
amended by deleting subsection (2) from it and by adding the following subsection to it:
(2) Prior to making an application for any building permit for the construction of any
building or structure on either of the lots comprising Phase 2 of this project, the Owner
shall, at its sole expense,
(a) extend the temporary turning circle on Rouge Hill Court northeasterly
approximately 4.5 metres;
(b) relocate the dead end sign atut barricade on Rouge Hill Court northeasterly
approximately 4.5 metres; and
(c) relocate the hydrant attd valve at the east end of Rouge Hill Court
northeasterly approximately 4.5 metres.
7. Section 4 of Schedule A to the Subdivision Agreement (Fum~ Development Blocks - Blocks 12
and 13) is hereby deleted and the following section added in its place:
4. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 12 AND 13
(1) The blocks set out in Column I of the following Table shall be developed only itt
cottjunction with the lands described in Column II thereof, to provide the number of
dwellings set out in Column 111 thereof:
Item Column I Column H Column I11
1. Block 12 Part I, Plan 40R-12593 I
2. Block 13 Parts 4 and 5, Plan 40R-12593 1
(2) The development of the lands described in the Table in subsection (1) shall be governed
by the provisions of this Agreement.
8. The following sections are hereby added to Schedule A to the Subdivision Agreement:
5. FINANCIAL PAYMENTS AND DEVELOPMENT CHARGES
(1) Section 29 of the Subdivision Agreement (Financial Payments) shall not apply to Phase
2 of this project.
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(2) Prior to making an application for any building permit for the con$truction of any
building or structure on each of the lots comprising Phase 2 of this project, the Owner
shall pay to the Town the applicable developmen~ charge for each dwelling in that
building or structure in accordance with By-law 3854/9l, enacted pursuant to the
Development Charges Act.
(3) Until and including October 7, 1993, the development charge payable under the Town's
Development Charges By-law 3854/91 for each dwelling unit within Phase 2 of this
project is $4,691.
(4) From and after October 8, 1993, the development charge payable for each dwelling unit
within Phase 2 of this project will be as set out in subsection (3) as adjusted on October
8, 1993, and annually on every October 8 thereafter until paid, in accordance with the
Engineering News Record Cost Index (Toronto).
(5) The development charge set out in subsection (3) has been derived as follows:
administrative services - town offices $355
administrative services - capital growth studies 80
protection - fire facilities 87
protection - fire vehicles and equipment 145
storm drainage, roads, sidewalks, storm sewers, lighting and other services 907
transportation - works yards, vehicles and equipment 193
transportation - transit 49
parks - parkland acquisition 374
parks - parkland development 775
major recreational facilities - major indoor recreational facilities 814
library - library facilities 216
library - library materials 133
electrical distribution services atut facilities 563
total $4,691
6. LIABILITY INSURANCE (PHASE 2 I
Section 18 of the Subdivision Agreement (Liability Insurance) shall apply to Phase 2 of this
project so as to require the Liabili~. Insurance Policy to be supplied to the Town prior to the
commencement of,
(al any work on the lots comprising Phase 2 of the project, or
(b) any work on Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts 2 and 3,
Plan 40R-12593) required to be performed pursuant to section 3 of this Schedule or
otherwise in connection with Phase 2 of the project.
7. PERFORMANCE & MAINTENANCE GUARANTEE (PHASE 21
(1) Section 19 of the Subdivision Agreement (Performance & Maintenance Guarantee)
shall not apply to Phase 2 of this project.
(2) Prior to the commencement of,
(al any work on the lots comprising Phase 2 of the project; or
(b) any work on Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts
2 and 3, Plan 40R-12593) required to be performed pursuant to section 3 of
this Schedule or otherwise in connection with Phase 2 of the project,
the Owner shall provide to the Town an irrevocable letter of credit in the amount of
$10,000 issued by a chartered bank in Canada in a form satisfactory to the Town
Solicitor as a performance and maintenance security for the purpose of,
(c) guaranteeing the satisfactory construction, installation or performance of
works and services on the lots comprising Phase 2 of the project arid on Rouge
Hill Court (including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan
40R-12593) in relation to Phase 2 of this project;
(d) guaranteeing the payment of any amounts payable to the Town under this
Agreement and relating to the lots comprising Phase 2 of the project or the
construction, installation or performance of works and services thereon or on
Rouge Hill Court (including Block 14. Platt 40M-1590, attd Parts 2 and 3. Plan
40R-12593) in relation to Phase 2 of this project;
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(e) guaranteeing the payment of any amount that the Town may be required to pay
under the provisions of the Construction Lien Act, or any successor thereto,
and relating to the lots comprising Phase 2 of the project or the construction,
installation or performance of works and services thereon or on Rouge Hill
Court (including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan
40R-12593) in relation to Phase 2 of this project; and
(.19 guaranteeing during the maintenance period and any rectification period or
periods all works, services, workmanship and materials required pursuant to
this Agreement, and relating to the lots comprising Phase 2 of the project or
the construction, installation or performance of works and services thereon or
on Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts 2 and 3,
Plan 40R-12593) in relation to Phase 2 of this project,
until a Final Acceptance Certificate has been issued by the Town's Director of Public
Works, when the balance of the security shall be returned to the Owner subject to any
deductions for payments or rectification of deficiencies.
IN WITNESS WHEREOF, the pa~ies hereto have hereunto affixed their corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED & DELIVERED
SANDBURY BUILDING CORPORATION
John B. Sandusky, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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