Loading...
HomeMy WebLinkAbout By-law 1737/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1737/83 Being a by-law to authorize the execution of a Development Agreement between John Boddy Developments Ltd. and The Corporation of the Town of Pickering respecting Part Lot 26, Con- cession 1, Pickering (LD 82/83) WHEREAS John Boddy Developments Ltd. is the owner of that part of Lot 26, Conces- sion 1, Pickering, designated as Part 1, Plan 40R-1010, and has obtained the ap- proval of the Town and the Minister of Municipal Affairs and Housing to a draft plan of subdivision thereof (18T-80064), a part of which (Block 352) is intended to be developed as a church site; and WHEREAS, in order to further the timely development of that church site, John Boddy Developments Ltd. intends to delete Block 352 from Draft Plan 18T-80064 and convey it in accordance with a decision, dated March 14th, 1983, of the Regional Municipality of Durham Land Division Committee (LD 82/83), which decision is subject to several conditions, one of which (#2) can be most appropriately dealt with by means of a Development Agreement between John Body Developments Ltd. and the Town; and WHEREAS, pursuant to the provisions of By-Law 1079/80, the whole of the Town of Picketing has been designated as a site plan control area under the Planning Act; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agree- ment, in the form attached hereto as Schedule "A", between John Boddy Devel- opments Ltd. and The Corporation of the Town of Pickering respecting Part Lot 26, Concession 1, Pickering (LD 82/83). BY-LAW read a first, second and third time and finally passed this J~L, 1983. 3rd day of Mayor (Act'lng) Clerk / TOWN OF PICKER~NG 'APPROVED ,^> T0 .FLI I,, Schedule "A" to By-law 1737/83 THIS AGREEMENT made this day of , 1983. 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, WHEREAS the Owner is the owner of that part of Lot 26, Concession 1, Pickering, designated as Part 1, Plan 40R-1010, and has obtained the approval of the Town and the Minister of Municipal Affairs and Housing to a draft plan of subdivision thereof (18T-80064), a part of which (Block 352) is intended to be developed as a church site; and WHEREAS, irt order to further the timely development of that church site, the Owner intends to delete Block 352 from Draft Plan ]8T-80064 and convey it in accordance with a decision, dated March 14th, 1983, of the Regional Municipality of Durham Land Division Committee (LD 82183), which decision is subject to severa] conditions, one of which (2) can most appropriately be dealt with by means of a Development Agreement between the Owner and the Town; and WHEREAS, pursuant to the provisions of By-Law 1079/80, the whole of the Town o£ Picketing has been designated as a site plan control area under the Planning Act; NOW THEREFORE, this Agreement witnesses that, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowl- edged, the Parties hereto agree as follows: The lands affected hereby are those lands more particularly described as fol- lows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and more particularly described as that part of Lot 26, Concession l, designated as Part 1, Plan 40R-1010, hereinafter referred to as the "Owner's Lands", including that part of Part 1, Plan 40R-1010, designated as Part 1, Plan 40R-7554, hereinafter referred to as the "Church Lands". (1) Within 60 days of the date of registration of this Agreement, the Owner shall convey to the Town, free and clear of all encumbrances, and at no cost to the Town, all of that part of the Owner's Lands designated as Part 2, Plan 40R-7554. The Town shall dedicate Part 2, Plan 40R-7554 as public highway (Fairport Road) as soon as practicably possible following the registration of the conveyance of it from the Owner to the Town. In the development of its plan of subdivision designated Draft Plan 18T-80064 (Revised), of which the Church Lands currently comprise Block 352, the Owner shall, (a) provide site services to and lot grading on the Church Lands, and (b) provide municipal services on Fairport Road and Finch Avenue, adjacent to the Church Lands, whether or not the Church Lands comprise part of the plan as registered. (i) (3) (4) In the event that the Owner requires the issuance of a building permit for the construction of any building or structure on the Church Lands, then, prior to making any application for a permit, the Owner shall provide to the Town, in a form and amount satisfactory to the Town, an irrevocable letter of cred/t issued by a chartered bank in Canada, to secure the Owner's compliance with section 3, above, and to guarantee the workmanship and materials involved in such compliance for a period of two years following completion. The letter of credit shall be kept current at all times and if not renewed within 30 days prior to the date of expiry, may be drawn upon by the Town, and the cash so drawn held as security, without interest. This section shall not be applicable in the event that the Owner has entered into a Subdivision Agreement with the Town respecting Draft Plan 18T-80064 (Revised) and the plan of subdivision has been registered prior to the making of the building permit application referred to in subsection (i). In the event that the Owner enters into a Subdivision Agreement with the Town respecting Draft Plan 18T-80064 (Revised) and the plan of subdivi- sion is registered after the provision to the Town of a letter of credit pursuant to subsection (1), above, then the obligation of the Owner under this section shall cease, and the letter of credit shall be surren- dered by the Town to the Owner. 5. The Town hereby consents to the deletion of the Church Lands, being Block 352, from Draft Plan 18T-80064 (Revised). 6. Time shall be of the essence herein. This Agreement shall enure to and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective 2 dorporate seals, duly attested by their proper authorized officers. SIGNED, SEALED a DELIVERED JOHN BODD¥ DEVELOPMENTS LTD. Per: Per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk