HomeMy WebLinkAboutBy-law 4367/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 4367/93
Being a by-law to authorize the execution of an Agreement
to amend the Subdivision Agreement respecting the
development of Blocks 12 and 13, Plan 40M-1590,
Picketing (Sandbury Building Corporation, 18T-86064;
Highbush-Rougemount Centre Inc.~ Woodlands-
Rougemount Centre Inc., LD 12/93; Nicholson, LD 13/93)
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Pickering entered into a Subdivision Agreement dated September 19,
1988 with Sandbury Building Corporation (Notice of which was registered April 11, 1989, as
Instrument LT442055) respecting what is now Plan 40M-1590, Pickering, which Agreement
requires amendment to provide for the development of Blocks 12 and 13, Plan 40M-1590,
Picketing, with adjacent lands (that part of Lot 170, Registrar's Compiled Plan 816, Pickering,
designated as Part 5, Plan 40R-12593, and those parts of Lot 171, Registrar's Compiled Plan 816,
Pickering, designated as Parts I and 4, Plan 40R-12593); and
WHEREAS, pursuant to the same section of that Act, The Corporation of the Town of Pickering
requires Sandbury Building Corporation, being the intended owner of the lands to be severed
pursuant to Regional Municipality of Durham Land Division Committee Decisions LD 12/93 and
LD13/93, (that part of Lot 170, Registrar's Compiled Plan 816, Picketing, designated as Part 5,
Plan 40R-12593, and those parts of Lot 171, Registrar's Compiled Plan 816, Pickering,
designated as Parts 1, 2, 3 and 4, Plan 40R-12593) to enter into a Subdivision Agreement to
provide for the development thereof with adjacent lands (Blocks 12 and 13, Plan 40M-1590,
Pickering);
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, in the form attached hereto as Schedule A, amending the
Subdivision Agreement dated September 19, 1988, between Sandbury Building
Corporation and The Corporation of the Town of Pickering (Notice of which was
registered April 11, 1989 as Instrument LT442055), respecting the coordinated
development of Blocks 12 and 13, Plan 40M-1590, Picketing, that part of Lot 170,
Registrar's Compiled Plan 816, Pickering, designated as Part 5, Plan 40R-12593, and
those parts of Lot 171, Registrar's Compiled Plan 816, Picketing, designated as Parts 1
and 4, Plan 40R-12593.
BY-LAW read a first, second and third time and finally passed this 20th day of December, 1993.
t-.-:i-,:.-~:[~,j? ~ Wayn~Art~l~s, Mayor
~ .:-,,'1 :.~~ /"
~..; I,J ~ ,...: : I 4~C'ruce Taylor, Clerk
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made December 20, 1993 pursuant to the
provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P.13,
BETWEEN:
SANDBURY BUILDING CORPORATION
herein called the "Owner"
OF TIlE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERiNG
herein called the "Town"
OF THE SECOND PART.
WHEREAS, pursuant to the provisions of 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 September 19, 1988 (Notice
of which was registered April 1 I, 1989 as Instrument No. LT442055), respecting the subdivision of what is now
Lots I to 11, both inclusive, and Blocks 12 and 13, Plan 40M-1590, Picketing; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the development of
Blocks 12 and 13, Plan 40M-1590, Picketing, in conjunction with certain abutting lands;
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 are,
(a) Blocks 12 and 13, Plan 40M-1590, Pickering;
(b) that part of Lot 170, Registrar's Compiled Plan 816, Picketing, designated as Part 5, Plan
40R-12593; and
(c) those parts of Lot 171, Registrar's Compiled Plan 816, Picketing, designated as Parts 1 and
4, Plan 40R-12593.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the Owner
and the Town dated September 19, 1988, Notice of which was registered April 11, 1989 as Instrument
No. LT442055.
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. Before this Agreement will be executed by the Town, the Owner shall,
(a) convey to the Town, or arrange for a conveyance by others to the Town. free and clear of all
encumbrances and at no cost to the Town, those parts of Lot 171, Registrar's Compiled Plan
816, Pickering, designated as Parts 2 and 3, Plan 40R-12593;
(b) pay to the Town by certified cheque the sum of $4,067, being,
(i) $2,927 as a parkland contribution for Phase 2 of this project;
(ii) $70 as an engineering drawing inspection fee for Phase 2 of this project; and
(iii) $1,070 as a subdivision agreement amending agreement processing fee (including
$70 G.S.T. - G.S.T. Registration No. R108078593).
5. Section I of Schedule A to the Subdivision Agreement (Time Limit for Work & Guarantee for
Workmanship & Materials) is hereby amended by adding to it the following subsections:
(6) For the purposes of this section this project shall be divided into two phases,
(a) one phase comprising Lots 1 to 11, both inclusive, Plan 40M-1590, Pickering,
and the works, services and other matters relating to those lots ("Phase I "), and
(b) the other phase comprising one lot made up of Block 12 and Part 1, Plan 40R-
12593 and a second lot made up of Block 13 and Parts 4 and 5, Plan 40R-12593,
and the works, services and other matters relating lo those lots ("Phase 2").
(7) The Time Limit for Work and Guarantee for Workmanship and Materials for Phase I shall
be determined in accordance with subsections (4) and (5) of this section.
(8) The Time Limit for Work and Guarantee for Workmanship and Materials for Phase 2 shall
be as follows:
(a) all works, services and other requirements under this Agreement shall be
completed by the Owner on or before December 31, 1994; and
(b) all works, workmanship and materials employed or used in the construction,
installation or completion of all works, services and requirements under this
Agreement shall be guaranteed by the Owner for a period of two years from the
date that the works, services and requirements are approved in writing by the
Town.
6. Section 3 of Schedule A to the Subdivision Agreement (Temporary Turning Circle) is hereby
amended by deleting subsection (2) from it and by adding the following subsection to it:
(2) Prior to making an application for any building permit for the construction of any budding
or structure on either of the lots comprising Phase 2 of this project, the Owner shall, at its
sole expense, relocate the dead end sign and barricade on Rouge Hill Court northeasterly
approximately 4. 5 metres.
7. Section 4 of Schedule A to the Subdivision Agreement (Future Development Blocks - Blocks 12 and
13) is hereby deleted and the following section added in its place:
4. gELEASED FUTURE DEVELOPMENT BLOCKS- BLOCKS 12 AND 13
(1) The blocks set out in Column I of the following Table shall be developed only in conjunction
with the lands described in Column II thereof, to provide the number of dwellings set out in
Column III thereof;
Item Column I Column 11 Column II1
I. Block 12 Part 1, Plan 40R-12593 l
2. Block 13 Parts 4 and 5, 1
Plan 40R-12593
(2) The development of the lands described in the Table in subsection (I) shall be governed by
the provisions of this Agreement.
8. The following sections are hereby added to Schedule A to the Subdivision Agreement:
5. FINANCIAL PA YMENTS AND DEVELOPMENT CHARGES
(1) Prior to the commencement of any work on the lots comprising Phase 2 of the project, the
Owner shall pay to the Town the sum of $10,000 as its contribution to the cost of
construction of permanent services across the frontage of those lots.
(2) Section 29 of the Subdivision Agreement (Financial Payments) shall not apply to Phase 2 of
this project.
(3) Prior to making an application for any building permit for the construction of any building
or structure on each of the lots comprising Phase 2 of this project, the Owner shall pay to
the Town the applicable development charge for each dwelling in that building or structure
in accordance with By-law 3854/91, enacted pursuant to the Development Charges Act.
(4) Until and including October 7, 1994, the development charge payable under the Town%'
Development Charges By-law 3854/91 for each dwelling unit within Phase 2 of this project
is $4,985.
(5.) From and after October 8, 1994, the development charge payable for each dwelling unit
within Phase 2 of this project will be as set out in subsection (3) as adjusted on October 8,
1993, and annually on every October 8 thereafter until paid, in accordance with the
Engineering News Record Cost Index (Toronto).
6. LIABILITY INSURANCE (PHASE 2)
Section 18 of the Subdivision Agreement (Liability Insurance) shall apply to Phase 2 of this project so
as to require the Liability Insurance Policy to be supplied to the Town prior to the commencement of,
(a) any work on the lots comprising Phase 2 of the project, or
(b) any work on Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan
40R-12593) required to be performed pursuant to section 3 of this Schedule or otherwise in
connection with Phase 2 of the project.
7. PERFORMANCE & MAINTENANCE GUARANTEE gPHASE 2)
(l) Section 19 of the Subdivision Agreement (Performance & Maintenance Guarantee) shall
not apply to Phase 2 of this project.
(2) Prior to the commencement of,
(a) any work on the lots comprising Phase 2 of the project; or
(b) any work on Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts 2
and 3, Plan 40R-12593) required to be performed pursuant to section 3 of this
Schedule or otherwise in connection with Phase 2 of the project,
the Owner shall provide to the Town an irrevocable letter of credit in the amount of $10, 000
issued by a chartered bank in Canada in a form satisfactory to the 7bwn Solicitor as a
performance and maintenance security for the purpose of
(c) guaranteeing the satisfactory construction, installation or performance of works
and services on the lots comprising Phase 2 of the project and on Rouge Hill
Court (including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan 40R-12593
in relation to Phase 2 of this project;
(d) guaranteeing the payment of any amounts payable to the Town under this
Agreement and relating to the lots comprising Phase 2 of the project or the
construction, installation or performance of works and services thereon or on
Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan
40R-12593) in'relation to Phase 2 of this project;
(e) guaranteeing the payment of any amount that the Town may be required to pay
under the provisions of the Construction Lien Act, or any successor thereto, and
relating to the lots comprising Phase 2 of the project or the construction,
installation or performance of works and services thereon or on Rouge Hill Court
(including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan 40R-12593) in
relation to Phase 2 of this project; and
09 guaranteeing during the maintenance period and any rectification period or
periods all works, services, workmanship and materials required pursuant to this
Agreement, and relating to the lots comprising Phase 2 of the project or the
construction, installation or performance of works and services thereon or on
Rouge Hill Court (including Block 14, Plan 40M-1590, and Parts 2 and 3, Plan
40R-12593) in relation to Phase 2 of this project,
until a Final Acceptance Certificate has been issued by the Town's Director of Public
Works, when the balance of the securiO, shall be returned to the Owner subject to any
deductions.for payments or rectification of deficiencies.
1N WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the hands
of their authorized officers.
SIGNED, SEALED & DELIVERED
SANDBURY BUILDING CORPORATION
John B. Sandusky, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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