HomeMy WebLinkAboutBy-law 4453/94 THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAW 4453/94
Being a by-law to authorize the execution of a Subdivision
Agreement Amending Agreement to amend the Subdivision
Agreement respecting the development of Lots 38 to 43,
Plan 40M-1507, Picketing (Castleloch Developments Inc.).
WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter
P.13, The Corporation of the Town of Pickering and Danlu Holdings Limited, Perdanco
Holdings Ltd. and Inperdel Holdings Limited entered into a Subdivision Agreement dated
August 4, 1987, respecting the subdivision of what is now Plan 40M-1507, Picketing: and
WHEREAS, pursuant to section 51 of the Planning Act, The Corporation of the Town of
Pickering and Danlu Holdings Limited, Perdanco Holdings Ltd. and Inperdel Holdings Limited
entered into a Subdivision Agreement Amending Agreement dated August 3, 1993, respecting
the implementation of certain Principles of Agreement and to provide for the phased assumption
of services; and
WHEREAS Lots 38 to 43, both inclusive, Plan 40M-1507, Pickering, were initially released for
development to support one dwelling unit each, but are now to be released for development to
support eight dwelling units in total [A 2/93(R)]; and
WHEREAS Castleloch Developments Inc. is the successor in title to Danlu Holdings Limited,
Perdanco Holdings Ltd. and lnperdel Holdings Limited;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement
Amending Agreement between Castleloch Developments Inc. and The Corporation of the
Town of Pickering, in the form attached hereto as Schedule A, respecting the
development of two additional dwelling units to be built on Lots 38 to 43, Plan 40M-
1507, Pickering, and amending the Subdivision Agreement dated August 4, 1987,
between Danlu Holdings Limited, Perdanco Holdings Ltd. and Inperdel Holdings Limited
and The Corporation of the Town of Pickering.
BY-LAW read a first, second and third time and finally passed this 27th day of June, 1994.
TOWN OF gCru'ce Taylor, Clerk
PICKERING
AS Te FORM
$C~IEDULE A
THIS SUBDIVISION AMENDMENT AGREEMENT made June 27, 1994, pursuant to the provisions of section 51(6) of
the Planning Act, R.S.O. 1990, chapter P.13,
BETWEEN:
CASTLEOCH DE¥~LOPMENT$ INC.,
herein called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P.13, the Town and
Danlu Holdings Limited, Perdanco Holdings Ltd. and lnperdel Holdings Limited entered into a Subdivision Agreement
dated August 4, 1987 (Notice of which was registered December 22, 1987 as Instrument No. LT365116), respecting the
subdivision of what is now Plan 40M-1507, Picketing: and
WHEREAS, pursuant to section 51 of the Planning Act, the Town and Danlu Holdings Limited, Perdanco Holdings Ltd.
and lnperdel Holdings Limited entered into a Subdivision Agreement Amending Agreement dated August 3, 1993 (a
copy of which is attached as Schedule A to this Agreement), respecting the implementation of certain Principles of
Agreement and to provide for the phased assumption of services; and
WHEREAS Lots 38 to 43, both inclusive, Plan 40M-1507, Pickering, were initially released for development to support
one dwelling unit each, i.e. six dwelling units in total, but are now to be released for development to support eight
dwelling units in total lA 2/93(R)]; and
WHEREAS the Owner is the successor in title to Danlu Holdings Limited, Perdanco Holdings Ltd. and Inperdel
Holdings Limited;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by
each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with
the other as follows:
1. The lands affected by this Agreement (herein called the "Lands") are Lots 38, 39, 40, 41, 42 and 43, Plan 40M-
I 507, Pickering.
2. In this Agreement, the term,
(a) "Subdivision Agreement" means the Agreement dated August 4, 1987, Notice of which was registered
December 22, 1987 as Instrument No. LT365116, and
(b) "First Subdivision Agreement Amending Agreement" means the Subdivision Agreement Amending
Agreement dated August 3, 1993, a copy of which is attached as Schedule A to this Agreement.
3. The Owner and the Town are bound by,
(a) the terms and conditions of the Subdivision Agreement, as amended by the First Subdivision Agreement
Amending Agreement and by this Agreement,
(b) the terms and conditions of the First Subdivision Agreement Amending Agreement as amended by this
Agreement, and
(c) the terms and conditions of this Agreement,
and shall continue to be bound by them.
4. (I) Time shall be of the essence of this Agreement.
(2) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the
Parties hereto, their successors and assigns.
(3) The Subdivision Agreement and the First Subdivision Agreement Amending Agreement shall continue
to apply to the development of the Lands.
5. Prior to the registration of this Agreement, the Owner shall pay to the Town,
(a) an engineering drawing inspection fee in the amount of $70; and
(b) a parkland contribution in the amount of $2,945.
6. Prior to the registration of this Agreement, the Owner shall provide to the Town a performance and maintenance
security pursuant to section 19 of the Subdivision Agreement in the amount of $16,000.
7. Prior to the registration of this Agreement, the Owner shall submit to the appropriate Town authority, and receive
that authority's approval to,
(a) revisions or additions to the approved storm drainage system drawings to provide for the drainage of the
Lands;
(b) revisions and additions to the approved Grading Control Plan to provide for the grading of the Lands;
(c) its design planning report for the Lands;
(d) revisions and additions to the approved landscaping plan to provide for the landscaping of the Lands.
8. Section 27 of the Subdivision Agreement, as amended by section 4 of the First Subdivision Agreement
Amending Agreement, is hereby deleted and the following substituted for it:
In the event that more or less than 73 dwelling units are to be constructed in this plan. a further amendment to
this Agreement shall be required
9. Neither Section 29 (Financial Payments) nor Section 30 (Financial Security) of the Subdivision Agreement
shall apply to the development of the additional two units on the Lands.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
CASTLELOCH DEVELOPMENTS INC.
l have authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such right or interest
and prior to the execution and registration of any mortgage, agreement or other document creating or defining
any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of
the terms of this Agreement.
Dated at , Ontario, this day of
1994.
SIGNED, SEALED AND DELIVERED
We have authority to bind the Corporation.
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such right or interest
and prior to the execution and registration of any mortgage, agreement or other document creating or defining
any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of
the terms of this Agreement.
Dated at , Ontario, this day of
1994.
SIGNED, SEALED AND DELIVERED
We have authority to bind the Corporation.
THIS SUBDMSION AGREEMENT AMENDING AGREEMENT made August 3, 1993, pursuant to
the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
DANLU HOLDINGS LIMITED,
PERDANCO HOLDINGS LTD., and
INPERDEL HOLDINGS LIMITED
herein collectively called the "Owner"
of the First Part,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
of the Second Part.
WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P.13,
the Owner and the Town entered into a Subdivision Agreement dated August 4, 1987 (Notice of which
was registered December 22, 1987 as Instrument No. LT365116), respecting the subdivision of what is
now Plan 40M-1507, Picketing; and
WHEREAS, on June 7, 1993, the Council of the Town enacted By-law 4240/93, adopting certain
Principles of Agreement between the Owner and the Town, pursuant to which certain outstanding
matters relating to the development of Plan 40M-1507, Picketing, may be resolved; and
WHEREAS the implementation of those Principles of Agreement requh-es the entering into of a
Subdivision Agreement Amending Agreement (to amend earlier subdivision agreement respecting the
development of Plan 40M-1507, Picketing) pursuant to section 51 of the Planning Act;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of $2.00
now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto
covenant and agree one with the other as follows:
1. The lands affected by this Agreement (herein called the "Lands") are:
(a) Blocks 46, 5 I, 52, 53 and 54, Plan 40M-1507, Picketing;
(b) those parts of Block 47, Plan 40M-1507, Picketing, designated as Parts 20, 21 and 22,
Plan 40R- 14939;
(c) those parts of Block 48, Plan 40M-1507, Pickering, designated as Parts 23, 32, 33 and
34, Plan 40R-14939;
(d) that part of Block 49, Plan 40M-1507, Picketing, designated as Part 31, Plan 40R-14939;
(e) that part of Block 50, Plan 40M-1507, Picketing, designated as Part 5, Plan 40R-14939;
(f) that part of Block 55, Plan 40M-1507, Pickering, designated as Part 30, Plan
40R-14939; and
(g) those parts of Valleyview Drive, Plan 40M-1507, Pickering, designated as Parts 29 and
39, Plan 40R- 14939.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner and the Town dated August 4, 1987, Notice of which was registered December 22, 1987
as Instrument No. LT365116.
3. The Owner and the Town acknowledge and agree that they are bound by the terms and
conditions of the Subdivision Agreement and shall continue to be bound by it, as further
amended hereby.
4. Section 27 of the Subdivision Agreement (Dw~lling IJnit~) is hereby deleted and replaced with
the following:
In the event that more or less than 71 dwelling units are to be constructed in the plan, an
amendment to this agreement shall be required.
5 Neither Section 29 (Financial Payments) nor Section 30 (Financial Security) of the Subdivision
Agreement shall apply to the development of the Lands.
6. Section 1 of Schedule A to the Subdivision Agreement (Time l.lmi~ for Work & Gua,~ for
Wodmmnship & l~l~,,~ials) is hereby deleted and replaced with the following:
(1) For the purposes of this section this project shall be divided into two phases,
(a) one phase comprising Lots 8 to 37, both inclusive, Lancrest Street, Senator
Street, that part of Valleyview Drive south of a line joining the northern
boundary of Senator Street and the northern boundary of Lot 37, and all works,
services and other matters relating thereto ("Phase 1 "), and
(b) the other phase comprising the balance of the project, and all works, services
and other matters relating thereto ("Phase 2").
(2) The Town acknowledges that the Owner has completed all Work in Phase I of the
project, subject to the rectification of any deficiencies identified in accordance with this
section.
(3) The Town's Public Works Department shall provide a revised list of deficiencies in
Phase 1 to the Owner within one month of receiving notification from the Owner's
consultants that those consultants consider the Phase to be complete.
(4) The Town shall assume all services in Phase 1 within six months afier the Owner
rectifies all deficiencies identified by the Town.
(5) The Town shall assume the services in Phase 2 in accordance with the provisions ora
Development Agreement dated August 5, 1993 between the Owner and the Town
respecting the development of that Phase.
7. Section 4 of Schedule A to the Subdivision Agreement (rulu~ Development Block - Block 46)
is hereby deleted and replaced with the following:
(l) Block 46 shall be held for future residential development; such development shall not
commence without the prior written approval of the Town, which approval shall not be
withheM unreasonably.
12) Until such time as Block 46 is developed, the Owner shall maintain it in a clean and
orderly condition to the satisfaction of the Town.
8. (1) The heading to Section 6 of Schedule A to the Subdivision Agreement (Paddand
Development and I~_~mems - Blocks 45, 47, 48 and 49) is hereby deleted and replaced
with the following:
Parkland Development and Easements - Blocks 45, 47 and 48
(2) Subsection (1) of Section 6 of Schedule A to the Subdivision Agreement (Paddand
Develol~n~nt and Eaaeaa~nta - Bloc~ 45, 47 and 48) is hereby deleted and replaced
with the following:
(1) The Town acknowledges that the Owner has rough graded, fine graded and
seeded Block 45.
(la) The Owner shall rough grade, fine grade and seed those parts of Blocks 47 and
48 that will not be developed for residential or road purposes, and shall
remove surface stones in Block 45, all in accordance **,ah the Town's park
concept atut grading plans and to the satisfaction of the Town's Director of
Community Services and Facilities.
9. Clauses (b), (c) and (d) of Section 7 of Schedule A to the Subdivision Agreement (Tempor~ff
Extension of ¥~lley-tiew I)~¢ - Blocks 48, 49 ~xl 55) are hereby deleted and replaced by the
following:
(b) the Owner shall remove, at its expense, that portion of the temporary
road that ss,ill not be incorporated into a future road to serve Phase 2
of the project, and rough grade, fine grade and seed the area from
which the temporary, road is removed, in accordance with section 6 of
this Schedule.
10. (1) Clauses (b), (c) and (e) of Section 8 of Schedule A to the Subdivision Agreement
(Stonnw~ter Managemem) are hereby deleted.
(2) Section 8 of Schedule A is hereby amended by adding the following:
(2) As it is expected that, if any stormwater management facility is required, it will
be a single stage permanent water quality pond costing less than the previously
proposed two stage permanent detention pond, and other stormwater
contributors in the watershed are partially funding the construction costs of
any required stormwater management facility, the Town will return to the
Owner the $60,000 paid by the Owner to the Town pursuant to clause (d) of
subsection (1), above, such payment to be made on or before September 30,
1993.
(3) The Town acknowledges that the need for a temporary stormwater detention
pond no longer exists, even though Stage 2 of the Petticoat Creek Stormwater
Detention Pond has .ot been constructed, and consequently, the Town will
return to the Owner the $50,000 paid by the Owner to the Town pursuant to
clause (g) of subsection (I), above, such payment to be made, at the latest,
(i) 60 days following receipt by the Town of confirmation that the
Metropolitan Toronto and Region Conservation Authority is satisfied
that the temporary pond has been removed appropriately, or
(ii) September 30, 1993,
whichever occurs last.
11. (1) The heading to Section I of Schedule C to the Subdivision Agreement (Puture
Contrg~liona to Oversizlng Cost~) is hereby deleted and replaced with the following:
Future Contributions to Oversized Service Costs - Storm Sewers
(2) Clause (a) of Section i of Schedule C is hereby deleted and replaced by the following:
(a) a detailed summary of the Owner's actual cost of the design and
construction of the required storm water drainage and management
system, excluding lateral connections and excluding the costs of
acquisition of lands and interests in lands outside the plan; and
12. The heading to Section 2 of Schedule C to the Subdivision Agreement (psellmlm*ry B.nilma~) is
hereby deleted and replaced with the following:
Future Contributions to Oversized Service Costs - Storm Sewers - Preliminary Estimates
13. Schedule C to the Subdivision Agreement is hereby amended by adding the following:
3. Future Contributions to Land Acqtdsition Coxts - Stormwater Management Facilities
(1) The Town acknowledges that the conveyance of lands and easement to the
Town pursuant to section 8 of Schedule A to this Agreement cost the Owner
$370,000 (the "Owner's cost").
(2) On or before September 30, 1993, the Town Manager shall determine and
notify the Owner, in writing, of the following:
(a) the area outside the plan of subdivision that the lands conveyed for
stormwater management facilities shall be deemed to benefit (the
"benefitting lands")for the purposes of this section;
(b) the portion of the Owner's cost, referred to in subsection (1), that the
Town shall deem to be applicable to the benefitting lands (the "shared
cost") for the purposes of this section; and
(c) the amount of the Owner's cost that the Town shall deem to be
applicable to each hectare of the benefitting lands,
and that determination shall be final.
(3) In the event that the benefitting lands, or any part thereof, are to be developed
by plan of subdivision, plan of condominium or any other method requiring a
development agreement, then the Town shall endeavour to ensure that the
owner thereof pays to the Owner herein, prior to the development of those
lands, all or an appropriate portion of the shared cost,
(a) determined pursuant to subsection (2), and
(b) adjusted annually, for a maximum of five years from June 1993
according to the Southam Construction Cost Index for Ontario,
composite portion.
(4) In consideration of the Town approving the plan of subdivision a~,d entering
into this Agreement with this section included, the Owner hereby,
(a) remises, releases and forever discharges, and
(b) agrees to indemnify and save harmless, the Town, its officers and
employees and their respective heirs, executors, administrators,
successors and assigns, of and from all actions, causes of action,
accounts, claims, debts, damages, demands, and costs associated
therewith, arising, to arise or which may hereafter be brought against
them, or any of them, by or on behalf of the Owner, or any other
person, because of the provisions of this section or any error,
omission,failure or negligence in the application thereof.
IN WITNESS WHEREOF, the companies comprising the Owner have hereunto affixed their respective
corporate seals, attested by the hands of their authorized officers and the Town has hereunto affixed its
corporate seal, attested by the hands of its authorized officers.
SIGNED, SEALED & DELIVERED
DANLU HOLDINGS LIMITED
PERDANCO HOLDINGS LTD.
INPERDEL HOLDINGS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
SDAI07 Bruce Taylor, Clerk