HomeMy WebLinkAboutBy-law 4520/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 4520/94
Being a by-law to authorize the execution of a Subdivision
Agreement Amending Agreement to amend the Subdivision
Agreement dated February 15, 1993. respecting the
development of Plan 4OM-1730 [North Pier Estates Ltd].
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Picketing and North Pier Estates Ltd. entered into a Subdivision
Agreement dated February 15, 1993, Notice of which was registered in the Land Registry Office
of the Land Titles Division of Durham (No. 40) on August 31, 1993, as Instrument Number
LT651805, respecting the proposed subdivision of that part of Lot 30, Concession 1, Picketing,
now designated as Plan Number 40M-1730; and
WHEREAS it is desirable to amend that Agreement so that certain blocks reserved for futura
development may now be developed;
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 a Subdivision Agreement
Amending Agreement between North Pier Estates Ltd. and The Corporation of the Town
of Picketing, in the form attached hereto as Schedule A, amending the Subdivision
Agreement dated February 15, 1993, respecting the proposed subdivision of that part of
Lot 30, Concession 1, Picketing, now designated as Plan Number 40M-1730; respecting
Draft Plan 40M-1730, so that certain blocks reserved for future development may now be
developed.
BY-LAW read a first, second and third time and finally passed this 17th day of October, 1994.
~5"ruce Taylor, Clerk
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Schedule A
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made October 17, 1994, pursuant to the
provisions of section 51(6) of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
NORTH PIER ESTATES LTD..
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, the Owner and the Town
entered into a Subdivision Agreement dated February 15, 1993, Notice of which was registered in the Land
Registry Office of the Land Titles Division of Durham (No. 40) on August 31, 1993 as Instrument Number
LT651805, respecting the proposed subdivision of that part of Lot 30, Concession 1, Picketing, now designated
as Plan Number 40M-1730; and
WHEREAS section 3 of Schedule that Agreement required that certain Blocks be reserved for future
development, which reservation may now be lifted;
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 (the "Lands") are Blocks 20 to 28, Plan 40M-1730, Picketing.
2. In this Agreement, the term "Subdivision Agreement" means the agreement dated February 15, 1993,
between the Owner and the Town, Notice of which was registered in the Land Titles Office of the Land
Registry Division of Durham (No. 40) on August 31, 1993 as Instrument Number LT651805.
3. The Owner and the Town are bound by,
(a) the terms and conditions of the Subdivision Agreement as amended by the terms and conditions
of this Agreement, and
(b) the terms and conditions of this Agreement,
and shall continue to be bound thereby.
4. (1) 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) Section of this Agreement shall not lake effect until this Agreement is registered by the Town in
the Land Registry Office of the Land Titles Division of Durham (No. 40)
5. Prior to the Town registering this Agreement, the Owner shall,
(a) increase the amount of the performance and maintenance security filed with the Town pursuant
to section 21 of the Subdivision Agreement by $20,000;
(b) pay to the Town an Engineering Drawing Inspection Fee of $280; and
(c) pay to the Town a Subdivision Agreement Amending Agreement processing fee of $1,070
($1,000 fee, plus $70 GST).
6. Section I of Schedule C to the Subdivision Agreement is hereby deleted and the following substituted
for it:
1. DEVELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1995, the amount of the development charge payable
under the Town's Development Charges By-law 3854/91 for each dwelling unit in this
project is $5,380.
(2) From and after October 8, 1995, the amount of the development charge payable for each
dwelling unit within this project will be as set out in subsection (1) as adjusted on
October 8, 1995, and annually on every October 8 thereafter until paid, in accordance
with the Engineering News Record Cost Index (Toronto).
7. Section I of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted
for it:
1. EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that 28 dwellings are to be
constructed in the project, as follows:
(a) 26 single dwellings - one each on Lots I to 4; one each on the lands described in
Items I to 14 of the Table in subsection 2(1) of this Schedule; and one each on the
lands described in Items I to 8 of the Table in subsection 3(1) of this Schedule;
and
(b) 2 semi-detached dwellings on Lot 5.
(2) If more or less than 28 dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this
Agreement and may prohibit any development until the new approvals and authorizations
are obtained.
8. Section 3 of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted
for it:
3. PREVIOUSLY RESERVED. NOW RELEASED. FUTURE DEVELOPMENT BLOCKS
(1) The blocks set out in Column I of the following Table shall be developed only in
conjunction with the lands described in Column Il thereof, to provide the number of
dwellings set out in Colunm III thereof:
Item ~ ~ ~
1. Block 20 Block 51, Draft Plan 18T-93020 1
2. Block 21 Block 50, Draft Plan 18T-93020 I
3. Block 22 Block 49, Draft Plan 18T-93020 1
4. Block 23 Block 48, Draft Plan 18T-93020 1
5. Block 24 Block 47, Draft Plan 18T-93020 1
6. Block 25 Block 46, Draft Plan 18T-93020 1
7. Block 26 Block 45, Draft Plan 18T-93020 1
8. Block 27 Block 44, Draft Plan 18T-93020 1
9. Block 28 Block 43, Draft Plan 18T-93020 2
(2) The development of the lands described in Columns I and II of Items I to 8 of the Table
in subsection (1) shall be governed by the provisions of this Agreement.
(3) The development of the lands described in Columns I and II of Item 9 of the Table in
subsection (1) shall be governed by the provisions of the Subdivision Agreement
respecting Draft Plan 18T-93020.
(4) Until such time as Blocks 20 to 27 are developed in accordance herewith, the Owner shall
maintain them in a clean and orderly condition to the satisfaction of the Town.
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
NORTH PIER ESTATES LTD.
James E. Reininger, President
James Reininger, Secretary-Treasurer
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - KELECK INVESTMENTS (PICKERING'~ INCORPORATED
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 Scarborough, Ontario, this day of ,1994.
SIGNED, SEALED AND DELIVERED
KELECK INVESTMENTS (PICKERING)
INCORPORATED
David Brand, Manager