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Home My WebLink AboutBy-law 2763/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO..27.6,3/88 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement for Plan 40M-1442, Picketing and the Development Agreement for Part Lot 30, Range 3, B.F.C., Pickering (Cougs Investments Ltd./Alexander Dixon). WHEREAS the Subdivision Agreement dated June 30, 1986, between Cougs Investments Ltd. and The Corporation of the Town of Pickering, notice of which was registered January 14, 1987 as Instrument LT305627, contains provisions restricting the development of Blocks 45 and 46, Plan 40M-1442, Pickering; and WHEREAS, the Development Agreement dated April 6, 1987, between Alexander Dixon and The Corporation of the Town of Pickering, registered June 8, 1987, as Instrument D251239 contains provisions restricting the development of those parts of Lot 30, Range 3, B.F.C., Pickering, designated as Parts 1 and 2, Plan 40R-10104; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule A amending, (a) the Subdivision Agreement dated June 30, 1986, between Cougs Investments Ltd. and The Corporation of the Town of Pickering, notice of which was registered January 14, 1987 as Instrument LT305627 affecting inter alia Blocks 45 and 46, Plan 40M-1442, Pickering; and (b) the Development Agreement dated April 6, 1987, between Alexander Dixon and The Corporation of the Town of Pickering, registered June 8, 1987 as Instrument D251239 affecting the development of inter alia, those parts of Lot 30, Range 3, B.F.C., Pickering, designated as Parts 1 and 2, Plan 40R-10104 in order to permit the development of Blocks 45 and 46, Plan 40M-1442, Picketing and those parts of Lot 30, Range 3, B.F.C., Pickering, designated as Parts 1 and 2, Plan 40R-10104. BY-LAW read a first, second and third time and finally passed this 2nd day of May, 1988. ~/~' B~uce Taylof(,/Cderk TOWN OF PICKERINO APPROVED LEGAL DEP~ ' THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2763/88 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement for Plan 40M-1442, Picketing and the Development Agreement for Part Lot 30, Range 3, B.F.C., Picketing (Cougs Investments Ltd./Alexander Dixon). WHEREAS the Subdivision Agreement dated June 30, 1986, between Cougs Investments Ltd. and The Corporation of the Town of Picketing, notice of which was registered January 14, 1987 as Instrument LT305627, contains provisions restricting the development of Blocks 45 and 46, Plan 40M-1442, Pickering; and WHEREAS, the Development Agreement dated April 6, 1987, between Alexander Dixon and The Corporation of the Town of Picketing, registered June 8, 1987, as Instrument D251239 contains provisions restricting the development of those parts of Lot 30, Range 3, B.F.C., Pickering, designated as Parts I and 2, Plan 40R-]0104; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule A amending, (a) the Subdivision Agreement dated June 30, 1986, between Cougs Investments Ltd. and The Corporation of the Town of Picketing, notice of which was registered January 14, 1987 as Instrument LT305627 affecting inter alia Blocks 45 and 46, Plan 40M-1442, Picketing; and (b) the Development Agreement dated April 6, 1987, between Alexander Dixon and The Corporation of the Town of Picketing, registered June 8, 1987 as Instrument D251239 affecting the development of inter alia, those parts of Lot 30, Range 3, B.F.C., Pickering, designated as Parts 1 and 2, Plan 40R-10104 in order to permit the development of Blocks 45 and 46, Plan 40M-1442, Pickering and those parts of Lot 30, Range 3, B.F.C., Picketing, designated as Parts 1 and 2, Plan 40R-10104. BY-LAW read a first, second and third time and finally passed this 2nd day of May, 1988. TOWN OF PICKERING APPROVED LC'GAL DE P'I~ Schedule A THIS AGREEMENT made this 2nd day of May, 1988, BETWEEN{ COUGS INVESTMENTS LTD. hereinafter called the "Owner" OF TtlE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - :~ ALEXANDER DIXON · ':~i hereinafter called the "Adjacent Owner" i OF TIlE THIRD PART. '!i! WHEREAS, pursuant to a Subdivision Agreement dated June 30, 1986, between the ,... Owner and the Town, Notice of which was registered January 14. 1987. as Instrument ':.~ LT30§627, the Owner subdivided part of Lot 30, Range 3, Broken Front Concession, ~'; Pickering, by the registration of Plan 40M-1442, Picketing; an.d WHEREAS that Subdivision Agreement designated Blocks 45 and 46, Plan 40M-1442, aa #future development blocks", the development of which is subject to certain con- diiions, one of which requires an amendment to that Agreement{ and WHEREAS that Subdivision Agreement required Blocks 48 to 57, both inclusive, Plan :: 40M-1442, to be developed in conjunction with certain other lands, which development was to be governed, but is no longer required to be governed, by the Town'a Subdi- vision Agreement respecting Plan 40M-14371 and ,.:; WHEREAS, pursuant to a Development Agreement dated April 6, 1987. between the '~: Adjacent Owner and the Town, which was registered June 8. 1987, as Instrument "'; D251239, the Adjacent Owner severed part of Lot 30, Range 3, Broken Front Concaa- j'l!i sion, Picketing, in accordance with Durham Land Division Committee approvals ' v.. LD &83/86 and 684/86 and the Town's approval of Zoning By-law Amendment !!'::!: Application A 28186; and · :,~ WHEREAS that Development Agreement designated Parts I and 2, Plan 40R-10104, as :~ afuturs development parts", the development of which is subject to a condition ii requiring an amendment to that Agreement{ ':'~:i NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town ':ii lifting the development restrictions on Blocks 45, 46 and 48 to 57, both inclusive, · "" Plan 40M-144Z, Plckering, and issuing its letter of clearance respecting the severance decisions for Parts I and 2, Plan 40R-10104, the Owne~ and the Adjacent Owner agree i".i witli.the Town as follows: ~" 1. The lands affected by this Agreement (hereinafter called the "Lands") are: FIRSTLY, Blocks 45, 46 and 48 to 57, both inclusive, Plan 40M-1442, Pickering, and SECONDLY, those parts of Lot 30, Range 3, Broken Front Concession, Picker- lng, designated as Parts I and 2, Plan 40R-10104. '" 2. In this Agreement, the term, (a) "Development Agreement" means the Agreement dated April 198'/, between the Adjacent Owner and the Town which was registered June 8, 1987, as Instrument D251239; and (b)' "Subdivision Agreement" means the Agreement dated June 30, ') 1986, between the Owner and the Town, Notice of which was ::;. registered January 14, 1987, as Instrument LT305627. :i 3. (1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" ia t. used, the term or pronoun shall be read and construed as "Owner or : Owners", "Adjacent Owner or Adjacent Owners" and "his", "her" or :t "them" respectively, and the number of the verb agreeing therewith shall be construed accordingly. ;::. (2) Time shall be of the essence of this Agreement. i:' {3) This .Agreement and everything herein contained shall enure to the bens- ''(! fit of and be binding upon the Parties hereto, their successors and !:! assigns. 4. (1) The Owner acknowledges and agrees that ii is bound by ali the terms and provisions of the Subdivision Agreement, as amended hereby, and that it shall continue to be so bound in the development of the building lots created by the assembly oi Blocks 46 and 45, Plan 40M-1442 and Parts 1 and 2, Plan 40R-101040 as if the latter were included within Plan 40M-1442. ,:. (2) The Adjacent Owner agrees that it is bound by all the terms and pro- visions of the Development Agreement, as amended hereby, and that it shall continue to be so bound. 'i',~ 5. Prior to the registration of this Agreement, the Owner shall pay to the Town, ~:} (a) $70, as an engineering drawing inspection fee; .~ (b) $2,450, parkland contribution. ',i 6. Prior to the registration of this Agreement, the Owner shall increase the amount ;.! of the performance and maintenance security provided by it pursuant to section ~; 19 of the Subdivision Agreement by the amount of $3,600, being 60% of $6,000. '! 7. Prior to ths registration oI this Agreement, the Owner shall submit to the appropriate Town authority, and receive that authority% approval to, :' (a) revisions and additions to the approved Grading Control Plan to provide '" for the grading of the Lands; ~{i. (b) its design planning drawings{ ::i (c) revisions and additions to the approved landscaping plan to provide for ., the landscaping oi the Lands; :... (d) revisions and additior~s to the Tree Preservation Program to provide for the preservation of trees on the Lands. ::i~.. 8. (1) Section (1) ot Section 28 oi the Subdivision Agreement is hereby deleted. ::! (2) Subsection (2) of that section is hereby amended by changing the flumber :' "45" therein to the number "47". .!! 9.. Section 6 o~ Schedule A to the Subdivision Agreement is hereby deleted. 10. (1) The heading to section 7 of Schedule A to the Subdivision Agreement is ..;. hereby amended by changing the number "47" therein to the number ~... "45". ii! (2) The Table in subsection (1) of that section is hereby affiended by deleting ':: Items 2 to 11, both inclusive, therefrom and by adding thereto the new Items 2 and ] as follows.' 2, Block 45 Part 2, Plan 40R-10104 1 3. Block 46 Part 1, Plan 40R-10104 1 (3) Subsection (2) of that section is hereby amended by changing "Item 1# '× therein to "Items l, 2 and 3~. (4) Su/)section (3) of that section is hereby deleted. 11. Subsection (2) of section 2 of Schedule A to the Development Agreement is hereby deleted. ~ 12, Subsection (2) of section 3 of Schedule A to the Development Agreement la .::., hereby deleted and the fo{lowing substituted for it: 5 (2) The development of the lands described in the Table shall be governed by '"~ the provisions of the Town's Subdivision Agreement reapectlnl~ Plan ~i 40M-1442, as If all the lands in the Table were within Plan 40M-1442. ~';i IN WITNESS WilE'REeF, the Owner and the Towr~ have hereunto affixed their corpo- '~ .rate seals attested to by the hands of their proper authorized officers, and the :ill Adjacent Owner has affixed his hand and seal. ~. SIGNED, SEALED & DELIVERED :? COUGS INVESTMENTS LTD. :~ THE CORPORATION OF TIlE TOWN OF PICKERING .:! ,/.'.'.'.'.'.'.'.'~n E. Anil"e~i"6n';' I~la~or- g., In the presence of i~ Alexander Dixon .:~ :