HomeMy WebLinkAboutBy-law 2764/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Pickering and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Wa]demar
Grawert and The Corporation of the Town of Pickering, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Pickering, designated as Parts 10 and 11, Plan 40R-10323;
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 an Agreement in
the form attached hereto as Schedule A amending,
(a) the Subdivision Agreement dated July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Pickering; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Pickering,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts l0 and ]], Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/J~n~Ancle~S6n-, M~
~Br~uce Taylor//C~erk
TOWN OF
PICKERING
I APPROVED
LEGAL DE~I'.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN :
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner~
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LTB2B412, the
Owner subdivided part of Lot 25, Concession 1, Pickering, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Gommittee Decisions LD 129-1B0/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
In this Agreement. the term "Subdivision Agreement" means the Agreement
dated July 2, [985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
(1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all the terms and
provisions of the Subdivision Agreement, as amended hereby, and that it
shall continue to he so bound in the development of the building lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-1032~, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections Z; 5(2); 6(Z); 7{~); 9(1),(Z),(4) and (5); 10(Z) and (3); 11;
12; 13; 14; 17; 20(a),(b).(c),(e),(f).(g) and (h); al(l), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 331 341 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be. on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, az an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,~5, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each o£ the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty's approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(h) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands,
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number "511".
10. (1) Subsection (1) of section § of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10. Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF. the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
hE. Andersoh~,'Mayor -
V Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Pickering, designated as Parts 10 and 11, Plan 40R-10323;
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 an Agreement in
the form attached hereto as Schedule A amending,
(a) the Subdivision Agreement dated July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Pickering; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
J n, - 'And~s~n-, May
~/Br'uce Taylor ~z C.~rk
TOWN OF
PICKERING
APPROVED
LEGAL DEPT.
TIlE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M~1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/J~n ~Ande~6n-, ~
~B ffuce Taylor//¢rk
TOWN OF
PICKERING
APPROVED
LEGAL D£Pr.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent~'Owner''
OF THE THIRD PART,
WHEREAS, pursuant to an Agreement dated 3uly 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Pickering, by the registration of Plan
401vt-1467, Ptckering; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Plckering, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40Ro10323, the Owner and the Adjacent Owner agree with the
Town as follows.'
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY. Blocks 131 and 132, Plan 40M-1467, Pickering, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term'~Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered ~lay 7, 1987, as Instrument LT323412.
3. (1) Whenever the term t~Owner" or "Adjacent Owner", or the pronoun "it~ is
used, the term or pronoun shall be read and construed as "Owner or
Owners**, "Adjacent Owner or Adjacent Owners" and ~his~*, ~*her" or
"them~, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
{3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323~ as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The ~certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 0(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 20(a),(c),(d) and (e); 27; 33; 34; 30; 38; 39; 40; A-1 and
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(0) of
the Development Agreement dated March ?., 19B7, registered Suns 8,
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
Prior to the registration of this Agreement~ each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being 00% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty's approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading ot its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509e therein to the number
10. (1) Subsection {1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
~*16" therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
3
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
NOW THEREFORE, the. Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
I. 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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Pickering; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 2?, Plan 1051,
Picketing, designated as Parts I0 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time an [ finally passed this 2nd day of May,
1988.
~ffBfuce Taylor/C~rk
TOWN OF
PlCKERING
APPROVED
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Okvneru
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, bl/ the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 13~-, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreementl and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizesl
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Pickering, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term ~Subdivision Agreement~* means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term ~*Owner~' or ~'Adjacent Owner", or the pronoun ~'it~* is
used, the term or pronoun shall be read and construed as ~'Owner or
Owners~, ~Adjacent Owner or Adjacent Owners~ and ~his~, '*her*~ or
**them~, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The %strain terms and provisions of the Subdivision Agreement~* referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27.. 33; 341 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection feel
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design plannin8 drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of ths Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"$09" therein to the number "511".
10. (1) Subsection (1) of section § of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-? and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting '131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
3OHN BODDY DEVELOPMENTS LTD.
...
$ohn Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Pickering; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Pickering, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 an Agreement in
the form attached hereto as Schedule A amending,
(a) the Subdivision Agreement dated July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Pickering,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
~ce Taylor//C~rk -
TOWN OF
PICKERING
APPROVED
LEGAL DE~I'.
Schedule
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40ivi-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-10121, the Owner and the Adjacent Owner agree with the
Town aa follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated am Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July Z, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term "Owner" or "Adjacent Owner~', or the pronoun 'it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and 'his'~, S~her~ or
'themeS, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is hound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement~' referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10{2) and (3); 11;
12; 13~ 14; I?; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16{6) ot
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number "511".
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, ~131-? and 132-7~ therefrom,
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-? Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18~.
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Pickering. notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Pickering, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11. Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/~ ~And~s~n-, ~
~B r'uce Taylor/×C~rk
TOWN OF
PICKERING
APPROVED
LEGAL DE~T.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PIGKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, bi/ the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks. shall enlarge those Blocks to developable sizesl
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Pickering, and issuing its letter of clearance respecting the severance decisions for
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 1320 Plan 40M-1467, Pickei'ing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term ~Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-1032~, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3);
12; 13; 14; 17; 20(a),(b),(c),(e),(f),($) and (h); 21(1), (2) and
23(2)i 26(a),(c),(d) and (e); 271 33; 34; 36; 38; 391 401 A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6)
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D2§1237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty*s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509u therein to the number "511".
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7' therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16' therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
3ohn Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
n E. ~nde ' , - yor -
Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Pickering; and
WHEREAS, the Development Agreement dated March 2, 1987, between Wa]demar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Pickering; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 2?, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
~//Br'uce Taylor//C/l~rk
TOWN OF
PICKERING
APPROVED
LEGAL DE~I'.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated Suly 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, bi/ the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is. subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes~
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-1037.3, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 19870 as Instrument LT323412.
(1) Whenever the term nOwner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners ", "Adjacent Owner or Adiacent Owners ~ and "his ", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and he binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all the terms and
provisions of the Subdivision Agreement, as amended hereby, and that it
shall continue to be so bound in the development of '~he building lot
created by the assembly of Block 131, Plan 40M-1467 and Part II, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in *the
development of the building lot created by the assembly of Block 132,
Plan ~0M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The ~certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered Sune 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
$. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
{a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
· 2
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"§09" therein to the number "§11".
10, (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd,/Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 an Agreement in
the form attached hereto as Schedule A amending,
(a) the Subdivision Agreement dated July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Pickering and those parts of Lot 27, Plan 1051, Pickering, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/J~fl~n ~And~S'~n-, May9~
~Bfuce Taylor//C~rk
TOWN OF
PICKERING
APPROVED
LEGAL OEPI'.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent~'Owner''
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7. 1987. as Instrument LTJa341Z. the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 1tl and 132, Plmfl
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizesl
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot Z7, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-103ZJ.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated Suly 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
(1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners ", "Adjacent Owner or Adjacent Owners" and "his ", "her" or
*'them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is hound by all the terms and
provisions of the Subdivision Agreement, as amended hereby, and that it
shall continue to be so hound in the development of the building lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The %ertain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered Sune 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being /~0% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty*s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings~
2
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number "511".
lO. (1) Subsection (1) of section § of Schedule A to the Subdivision Agreement is
hereby amended by deleting, *'131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 13Z-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18'.
11'. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
3OHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
n E. Anderso//'~, Mayor
Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Pickering, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Pickering,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time an ~ finally passed this 2nd day of May,
1988.
, TOWN OF
PICKERING
APPROVED
.
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, bi/ the registration of Plan
40M-1467, Pickering; and
WHEREAS that Agreement designated, among others, Blocks 131 and 152, Plan
40M-1467, as ~'future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for ,
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town aa follows.'
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Pickering, and
SECONDLY, those parts of Lot 27, Plan 1051, Pickering, designated aa Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term ~Subdivision Agreement*~ means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term '~Owner~ or "Adjacent Owner", or the pronoun 'it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and 'his~, "her*~ or
'them~, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shah be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The ~certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 21 5(2); 6(2)I ?(Z)l 9(1),(2),(4) and (5)i 10(2) and (3)I Ill
121 13; 141 171 20(a),(b),(c),(e),(f),(g) and (h) l 21(1), (2) and (3);
23(2)i 26(a),(c),(d) and (e); 271 331 34l 36; 381 391 40l A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) ot
the Development Agreement dated March 2, 1987, registered .Tune 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection feel
(b) $1,750, unit levyl
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000,
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authort-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings; "
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2} Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number
10. (1) Subsection (1) of section § of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7~ therefrom.
(2) The Table in subsection (3) of that section ia hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
~*16" therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting *'131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
Fh E. Anderso//'; Mayor - -
Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Pickering, designated as Parts 10 and 11, Plan 40R-10323;
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 an Agreement in
the form attached hereto as Schedule A amending,
(a) the Subdivision Agreement dated July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Pickering, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Pickering; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Pickering,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
~/ZB r'uce Taylor ~z-C~rk
TOWN OF
PICKERING
APPROVED
L£GAL D£~'r.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN :
3OHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART,
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizesl
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Pickering, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
(1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all the terms and
provisions of the Subdivision Agreement, as amended hereby, and that it
shah continue to be so bound in the development of the building lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132.
Plan 40M-1467 and Part 10, Plan 40R-10323. as if the latter were included
with Plan 40~1-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); ii(l), (2) and (3);
23(2); 26(a),(c),(d) and (e){ 27; 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town,
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1.750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2.000, being 60% of $3.000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands:
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number
10. (1) Subsection (1) of section § of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7*~ therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
*~16~* therein to the number "18~*.
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
fL. Inderso .-Mayor-
Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and ll, Plan 40R-10323;
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 an Agreement in
the form attached hereto as Schedule A amending,
(a) the Subdivision Agreement dated July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/~An cl~ ~
TOWN OF
PICKERING
APPROVED
LEGAL D~]'.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owneru
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, bi/ the regisiration of Plan
40M-1467, Pickering; and
WHEREAS that Agreement designated, among others, Blocks 131 and 112, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner o£ those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizesI
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Pickering, and issuing its letter of clearance respecting the severance decisions for
Parts 10 and 11, Plan 40R-1012], the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lande affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 112, Plan 40M-1467, Pickering, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, desisnated aa Parts 10
and 11, Plan 40R-10123.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
(1) Whenever the term "Owners or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", sAdjacent Owner or Adjacent Ownerss and Shis", "hers or
"thems, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be hound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-14~7.
(3) The Scertain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
2~(2); 26(a),(c),(d) and (e); 27; 33; ~4; 36; 38; 39; 40; A-1 and
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered Sune 8, 1987
as Instrument D2512~7, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $]5, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty*s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
'~509" therein to the number "511~.
10, (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-?" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items-'
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-? Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
**10** therein to the number *'18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
$ohn Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
~~Brll E. Anderso//';'Mayor -- -
ce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Pickering and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Pickering, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
~Br'uce aylor~z
TOWN OF
PICKERING
APPROVEDI
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"'Owner~'
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 112, Plan
40M-!467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacen~ Owner is the owner of those parts of Lot 27, Plan 1051,
Ptckerinl~, designated as Parts !0 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that. in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Pickering, and issuing its letter of clearance respecting the severance decisions for
Parts 10 and 11, Plan 40R-103~-3, the Owner and the Adlacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 13~., Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated_ as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated Suly 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall he read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them~, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall he bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2)i 7(2)i 9(1),(2),(4) and (5); 10(2) and (3)1 11;
12; 131 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2)i 26(a),(c),(d) and (e); 27: 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty's approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
· 2
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-? and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17, Block 131-? Part 11, Plan 40R-10323 1
18. Block 132-? Part 10, Plan 40R-103~3 1
(3) Subsection (4) of that section is hereby amended by changing the number
~10" therein to the number "18".
Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 1~2-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
/h E. Andersoh~,'Mayor - -
Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-i0523
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
TOWN OF
PICKERING
APPROVED
LI[GAL o£~r.
Schedule A ;
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner~'
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, b7 the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement~ and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement {hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 137., Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 2?, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term '"Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered gta¥ 7, 1987, as Instrument LT323412.
3. (1) Whenever the term "OwnerJI or "Adjacent Owner", or the pronoun "it~ is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and ~*hisu, "her~* or
"them~l, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and
23{2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38: 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy~
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509~ therein to the number "511".
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
Subsection. (4) of that section is hereby amended by changing the number
'16' therein to the number '18*'.
Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
3'ohn Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
:n E. Andersoif;'Mayor - Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Pickering and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Pickering, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Pickering; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Pickering, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Pickering, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and ll, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time an ~ finally passed this 2nd day of May,
1988.
~/ZBr'uce Taylor~z C~r
TOWN OF
PICKERING
'APPROVED
L[GAL DE~r.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN :
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT$23412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, bl~ the registration of Plan
40M-1467, Pickering; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions /or
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Pickering, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term *~Subdivision Agreement~ means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Ownersu, "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created hy the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The ~certsin terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 131 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-I and
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,75/), unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additione to the approved Grading Control Plan to provide
for the grading of its portion of the Lsnds;
(b) its design planning drawings;
(c) revisions and additions fo the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number "511".
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10123 1
18. Block 132-7 Part 10, Plan 40R-103Z3 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Pickering; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Pickering, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Pickering, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Pickering, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Pickering,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 105t,
Pickering, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Pickering, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/~d~ ,~A n c~ S'6 n-, ~
I~/B r'uce Taylor//~rk
TOWN OF
PICKERING
APPROVED
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner"
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated 3u1¥ 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Pickering; and
WHEREAS that Agreement designated, among others, Blocks 151 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
liftin~ the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for .
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Pickering, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July 2, lC)85~ between the Owner and the Town, Notice of which was
registered May ?, 1987, as Instrument LT323412.
3. (1) Whenever the term 'Owner~ or ~*Adjacent Owner", or the pronoun 'it** is
used, the term or pronoun shall be read and construed as "Owner or
Owners", ~Adjacent Owner or Adjacent Owners" and ~his~, *~her~ or
'themeS, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(l) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
(1) The Owner acknowledges and agrees that it is hound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The %strain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1). (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered Suns 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~a approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands~
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands,
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
(1) Section (1) of Section 22 o£ the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
"509" therein to the number "511".
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323 1
18, Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18~*.
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Pickering, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Pickering,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/~, ~And~s~n-, ~
~BFuce Taylor//~erk
TOWN OF
PICKERING
^PPEOVED
LEGAL DE~T.
Schedule A
THIS AGREEMENT made this end day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner''
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizesl
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town az follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Pickering, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term ~'Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
(1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun 'it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners**, "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is hound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement'~ referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-1 and
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2. 1987, registered June 8. 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty's approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;
2
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands;
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
~509" therein to the number
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items:
17. Block 131-7 Part 11, Plan 40R-10323
18. Block 132-7 Part 10, Plan 40R-10323
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18".
Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
JOHN BODDY DEVELOPMENTS LTD.
$ohn Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
.:
In the presence of
": Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Pickering (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1955, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Pickering, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time an[ finally passed this 2nd day of May,
1988.
I~/Br'uce Taylor,Z C,~rk
TOWN OF
PICKERING
APPROVED
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
WALDEMAR GRAWERT
hereinafter called the "Adjacent"Owner''
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Pickering; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-14/~7, as "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Picketing, and issuing its letter of clearance respecting the severance decisions for
Parts 10 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated .Iuly 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LT323412.
3. (1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shall be read and construed as "Owner or
Owners", "Adjacent Owner or Adjacent Owners" and "his", "her" or
"them", respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M-1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1467.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323. as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
23(2); 26(a),(c),(d) and (e); 27; 33; 34; 36; 38; 39; 40; A-I and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) ot
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adiacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(h) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
6. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in .
the amount of $2,000, being 60% of $3,000.
7. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty's approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings; '
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Lands~
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
'509u therein to the number
10. (1) Subsection (1) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by deleting, "131-7 and 132-7" therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items-'
17. Block 131-7 Part 11, Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18".
11. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting "131-7 and 132-7" therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal.
SIGNED, SEALED & DELIVERED
5OHN BODDY DEVELOPMENTS LTD.
John Boddy, President
THE CORPORATION OF THE TOWN OF PICKERING
In the presence of
Waldemar Grawert
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2764/88
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
for Plan 40M-1467, Picketing and the Development
Agreement for Lot 27, Plan 1051, Picketing (John
Boddy Developments Ltd./Waldemar Grawert).
WHEREAS the Subdivision Agreement dated July 2, 1985, between John Boddy Devel-
opments Ltd. and The Corporation of the Town of Picketing, notice of which was
registered May 7, 1987 as Instrument LT323412, contains provisions restricting the
development of Blocks 131 and 132, Plan 40M-1467, Picketing; and
WHEREAS, the Development Agreement dated March 2, 1987, between Waldemar
Grawert and The Corporation of the Town of Picketing, registered June 8, 1987, as
Instrument D251237 contains provisions restricting the development of those parts of
Lot 27, Plan 1051, Picketing, designated as Parts 10 and 11, Plan 40R-10323;
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 July 2, 1985, between John
Boddy Developments Ltd. and The Corporation of the Town of
Picketing, notice of which was registered May 7, 1987 as Instru-
ment LT323412 affecting inter alia Blocks 131 and 132, Plan
40M-1467, Picketing; and
(b) the Development Agreement dated March 2, 1987, between
Waldemar Grawert and The Corporation of the Town of Picketing,
registered June 8, 1987 as Instrument D251237 affecting the
development of inter alia, those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323
in order to permit the development of Blocks 131 and 132, Plan 40M-1467,
Picketing and those parts of Lot 27, Plan 1051, Picketing, designated as
Parts 10 and 11, Plan 40R-10323.
BY-LAW read a first, second and third time and finally passed this 2nd day of May,
1988.
/J~fSn E~Andre?~6n-, ~
TOWN OF
PICKERING
'APPROVED
LEGAL D£~I'.
Schedule A
THIS AGREEMENT made this 2nd day of May, 1988.
BETWEEN:
JOHN BODDY DEVELOPMENTS LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
WALDEMAR GRAWERT
hereinafter called the "Adjacent"'Owner''
OF THE THIRD PART.
WHEREAS, pursuant to an Agreement dated July 2, 1985, between the Owner and the
Town, Notice of which was registered May 7, 1987, as Instrument LT323412, the
Owner subdivided part of Lot 25, Concession 1, Picketing, by the registration of Plan
40M-1467, Picketing; and
WHEREAS that Agreement designated, among others, Blocks 131 and 132, Plan
40M-1467, aa "future development blocks", the development of which is subject to
certain conditions, one of which requires an amendment to that Agreement; and
WHEREAS the Adjacent Owner is the owner of those parts of Lot 27, Plan 1051,
Picketing, designated as Parts 10 and 11, Plan 40R-10323, which Parts, when severed
pursuant to Durham Land Division Committee Decisions LD 129-130/87 and added to
those Blocks, shall enlarge those Blocks to developable sizes;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 131 and 132, Plan 40M-1467,
Pickering, and issuing its letter of clearance respecting the severance decisions for .
Parts l0 and 11, Plan 40R-10323, the Owner and the Adjacent Owner agree with the
Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 131 and 132, Plan 40M-1467, Picketing, and
SECONDLY, those parts of Lot 27, Plan 1051, Picketing, designated as Parts 10
and 11, Plan 40R-10323.
(c) revisions and additions to the approved landscaping plan to provide for
the landscaping of its portion of the Landsl
(d) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on its portion of the Lands.
8. Despite section 21(1) of the Subdivision Agreement, no application for a build-
ing permit shall be made for the construction of any building or part of a
building on any part of the Lands until this Agreement has been registered by
the Town on title to the all Lands.
9. (1) Section (1) of Section 22 of the Subdivision Agreement is hereby deleted.
(2) Subsection (2) of that section is hereby amended by changing the number
~'509~ therein to the number '$11'.
(1) Subsection (1) of section § of Schedule A to the Subdivision Agreement is
hereby amended by deleting, *~131-? and 132-7# therefrom.
(2) The Table in subsection (3) of that section is hereby amended by adding
thereto the following Items-'
17. Block 131-7 Part 11~ Plan 40R-10323 1
18. Block 132-7 Part 10, Plan 40R-10323 1
(3) Subsection (4) of that section is hereby amended by changing the number
"16" therein to the number "18'.
11'. Clause (a) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting '131-7 and 132-?' therefrom.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers, and the
Adjacent Owner has affixed his hand and seal,
SIGNED, SEALED & DELIVERED
$OHN BODDY DEVELOPMENTS LTD.
,lohn Boddy. President
THE CORPORATION OF THE TOWN OF PICKERING
/~h E. Anderso/i'~ ~layor -- -
Bruce Taylor, Clerk
In the presence of
Waldemar Grawert
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated July 2, 1985, between the Owner and the Town, Notice of which was
registered May 7, 1987, as Instrument LTt23412.
3. (1) Whenever the term "Owner" or "Adjacent Owner", or the pronoun "it" is
used, the term or pronoun shah be read and construed as "Owner or
Ownersa, "Adjacent Owner or Adjacent Owners~ and "hisa, "her" or
**them~*, respectively, and the number of the verb agreeing therewith
shall be construed accordingly.
(2) Time shall be of the essence of this Agreement.
(3) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. (1) The Owner acknowledges and agrees that it is bound by all 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 lot
created by the assembly of Block 131, Plan 40M~1467 and Part 11, Plan
40R-10323, as if the latter were included within Plan 40M-1407.
(2) The Adjacent Owner agrees that it shall be bound by certain terms and
provisions of the Subdivision Agreement, as amended hereby, in the
development of the building lot created by the assembly of Block 132,
Plan 40M-1467 and Part 10, Plan 40R-10323, as if the latter were included
with Plan 40M-1467.
(3) The "certain terms and provisions of the Subdivision Agreement" referred
to in subsection (2) are:
Sections 2; 5(2); 6(2); 7(2); 9(1),(2),(4) and (5); 10(2) and (3); 11;
12; 13; 14; 17; 20(a),(b),(c),(e),(f),(g) and (h); 21(1), (2) and (3);
2~t(2); 26(a),(c),(d) and {e); 27; 33; 34; 36; 38; 39; 40; A-1 and A-3.
(4) The Town acknowledges and agrees that, upon the registration of this
Agreement, or of notice thereof, as the case may be, on title to all the
Lands, the Adjacent Owner, his heirs, executors, administrators, succes-
sors and assigns shall be released and forever discharged from any and
all obligations he or they may otherwise have pursuant to section 16(6) of
the Development Agreement dated March 2, 1987, registered June 8, 1987
as Instrument D251237, between the Adjacent Owner and the Town.
5. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall pay to the Town,
(a) $35, as an engineering drawing inspection fee;
(b) $1,750, unit levy;
(c) $1,225, parkland contribution;
(d) $100, street tree contribution.
Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall provide to the Town, a performance and maintenance security in
the amount of $2,000, being 60% of $3,000.
?. Prior to the registration of this Agreement, each of the Owner and the Adjacent
Owner shall submit to the appropriate Town authority, and receive that authori-
ty~s approval to,
(a) revisions and additions to the approved Grading Control Plan to provide
for the grading of its portion of the Lands;
(b) its design planning drawings;