HomeMy WebLinkAboutBy-law 3591/90 THE CORPORATION OF THE TOWN OF PICKER~G
. 3591
Being a by-law to authorize the execution of a
Subdivision Agreement Amendment respecting the
development of Lots I to 13, Plan 40M-1418, Pickering
(Bramalea Limited; 18T-81024, Construction Stage I0)
WHEREAS the proposal to subdivide and register a plan of subdivision of those lands now known as
Lots I to 13, Plan 40M-1418, Picketing, was approved by the Council of The Corporation of the Town
of Picketing and the Regional Municipality of Durham; and
WHEREAS, in furtherance thereof, The Corporation of the Town of Picketing has entered into a
Subdivision Agreement dated September 13, 1982, with Brarualea Limited, pursuant to thc provisions
of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), which Agreement requires amendment in
order to permit the development of those lots as Construction Stage I0 of Draft Plan 18T-81024;
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 a Subdivision Agreement Amendment,
in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering
and Bramalea Limited respecting the development of Lots 1 to 13, both inclusive, Plan
40M-1418, Picketing (Draft Plan 18T-81024, Construction Stage I0).
BY-LAW read a first, second and third time and finally passed this 19th day of November, 1990.
APPROVED
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 3591 DO
Being a by-law to authorize the execution of a
Subdivision Agreement Amendment respecting the
development of Lots 1 to 13, Plan 40M-1418, Pickering
(Bramalea Limited; 18T-81024, Construction Stage 10)
WHEREAS the proposal to subdivide and register a plan of subdivision of those lands now known as
Lots 1 to 13, Plan 40M-1418, Picketing, was approved by the Council of The Corporation of the Town
of Pickering and the Regional Municipality of Durham; and
WHEREAS, in furtherance thereof, The Corporation of the Town of Picketing has entered into a
Subdivision Agreement dated September 13, 1982, with Bramalea Limited, pursuant to the provisions
of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), which Agreement requires amendment in
order to permit the devdopment of those lots as Construction Stage 10 of Draft Plan lgT-81024;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement Amendment,
in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing
and Bramalea Limited respecting the development of Lots 1 to 13, both inclusive, Plan
40M-1418, Picketing (Draft Phm 18T-81024, Construction Stage 10).
BY-LAW read a first, second and third time and finally passed this 19th day of November, 1990.
Wayne Arthd'rs, Mayor
OICKERING
AP?ROVED
LEGAL D~Pf
THIS SUBDM$ION AGREEMENT AMENDMENT made November 19, 1990,
BETWEEN:
BRAMALEA LIMITED
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner and the Town entered into a Subdivision Agreement dated September 13, 1982,
(Notice of which was registered December 2, 1982, ns Instrument No. LT158923) respecting .the
subdivision of that part of Lots I and 2, Plan 221, Picketing, and that part of Lots 29 and 30, Concession
1, Picketing, included in Region of Durham Draft Plan Number 18T-81024; and
WHEREAS parts of that draft plan were registered on December 8, 1982, July 23, 1986, and July 23,
1986, as Plans 40M-1254, 40M-1418 and 40M-1419, Picketing, respectively; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for a revision in
the construction stages for the development of part of the plan contained in Plan 40M-1418;
NOW THEREFORE THIS AGREEMENT W1TNESSETH that, in consideration of the Town
consenting to the revision of the construction stages fo~ the development of the Lands affected hereby,
and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other ss
follows:
1. The lands affected by this Agreement (herein called the "Lands") are Lots I to 13, both
inclusive, Plan 40M-1418, Picketing.
2. In this Agreement, the term "Subdivision A~reement" means the Subdivision Agreemen~
between the Owner and the Town datcd Septcmbcr 13, 1982, (Notice of which was registered
December 2, 1982, as lmtmt~nt No. LT158923).
3. The Owner nod the Town acknowledge and agree that they are bound by the terms and
conditions of the Subdivision Agreement and shall continue to be bound by it, as fuoher
amended hereby.
4. Section 3 of the Subdivision Agreement is hereby amended by adding thereto the following:
(3) Thisprovision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
construction of the project, $o long as the Owner has a Consulting Engineer retained at
ali times.
Section 11 (1) of the Subdivision Agreement is hereby deleted and the following substituted for it:
(l) Before commencing any of the work provided for herein, the Owner shall supply the
Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in
place in a form satisfactory to the Town, naming the Town as an insured and
indemnifying the Town from any loss arising from claims for damages, injury or
otherwise in connection with the work done by or on behalf of the Owner in the plan of
subdivision and elsewhere.
6. Section 2000 of the Subdivision Agreement is hereby deleted and the following substituted for it:
(k) Snow Plowing & Salting of Roads
(i) If, in the opinion of the Director of Public Works, the condition of the road
surface of any road or roads in the plan is not acceptable for winter control, to
snow plow and salt that surface from any occupied buildings to existing public
roads that receive winter control service.
(ii) Such snow plowing and salting shall be done from time to time when the
Director of Public Works deems conditions warrant and until such time as the
surface is acceptable to the Director of Public Worlc; for winter control.
7. Section 21 (4) of the Subdivision Agreement is hereby deleted.
8. Section 24 of the Subdivision Agreement is hereby amended by adding thereto the following:
(6) Notwithstanding the provisions of subsections (1) to ($), above, for Lots I to 13. both
inclusive, Plan 40M-1418, the Owner shall pay to the Town a unit levy in the amount of,
(a) $$,050 per unit if paid in 1990; or
(b) $$~2$O per unit if paid in 1991,
for each dwelling unit to be erected thereon, subject to the following conditions:
(c) no building permit shall be issued for any dwelling unit unless payment of the
unit levy shall have been made in advance of the issuance of such permit with
respect to such dwelling unit;
(d) in any event, the Owner shall pay all levies payable under the provisions of this
subsection in full no later than December $1,1991; and
(e) a letter from the Clerk of the Town advising that the unit levy has been paid
shall be deemed to be a release of this section for the lands referred to in the
letter.
9. (1) Section 25 of the Subdivision Agreement is hereby amended by deleting the amount
"$550,500" from the third line and substituting the amount "$$73.250" for it.
(2) Section 25Co) of the Subdivision Agreement is hereby deleted.
10. Section 28 of the Subdivision Agreement is hereby deleted.
lt. (I) Section l(5)(b) of Schedule D to the Subdivision Agreement ia hereby deleted and the
following substituted for it:
(ba) a further 93 units within 2 years of the date of registration of Phase Two;
(bb ) a further 13 units within 6 years of the date of registration of Phase Two; and
(2) Section 1(6) of Schedule C to the Subdivi.nion Agreement is hereby amended by adding
thereto the foHowlng:
(d) a further $22,750 on or before November 20, 1990,
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12. Section 2 of Schedule D to the Subdivision Agreement is hereby amended by adding thereto the
followins:
(Ia) Those portions of Construction Stages $ and 6 comprising lots fronting onto Rosebank
Road, that is Lots I to 13, Plan 40M.1418, shall be developed as a separate
Construction Stage herein called "Construction Stage 10".
(lb) Notwitl~tanding the provisions of section 1 of Schedule A to this Agreement, both the
aboveground and underground services in or associated with Construction Stage 10
shall be completed on or before December 31, 1992.
IN WITNESS WHEREOF, the panics hereto have hereunto affixed their corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED & DFJJVERED
BRAMALEA LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Anhu~s, Mayor
Bruce Taylor, Clerk
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