HomeMy WebLinkAboutBy-law 3999/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3999/92
Being a by-law to authorize the execution of an
agreement to amend the Development Agreement dated
October 1, 1990, bem,een the Town and Canuck Green
HoMings Limited respecting the development of a
residential townhouse project on part of Lot 26, Range 3,
Broke~, Front Concession, part of Block E, Platt M-17,
and all of Block I, Plan M-17, Pickering (A36/89; By-law
3561/90)
WHEREAS, pursuant to the predecessor of section 41 of the Planning Act, R.S.O. 1990, chapter P.13,
The Corporation of the Town of Picketing entered into a Development Agreement dated October I,
1990 with Canuck Green Holdings Limited respecting the development of a residential townhouse
project on part of Lot 26, Range 3, Broken Front Concession, part of Block E, Plan M-17, and all of
Block I, Plan M-17, Picketing, which Agreement requires amendment in certain respects;
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 Development Agme,nent Amending
Agreement, in the form attached hereto as Schedule A, amending the Development Agreement
dated October 1, 1990 between Canuck Green Holdings Limited and The Corporation of the
Town of Picketing (Notice of which was registered on November 6, 1990 as Instrument No.
LT525666), respecting the development of a residential townhouse project on part of Lot 26,
Range 3, Broken Front Concession, part of Block E, Plan M-17, and all of Block I, Plan M-17,
Pickering.
BY-LAW read a first, second and third time and finally passed this 19th day of May, 1992.
Wayne Arthurs, Ma~o~ '
TOWN OF
PICKERING
!APPROVED
iAS TO FORM
LEGAL DEPT.
SCHEDULE
THIS DEVELOPMENT AGREEMENT AMENDING AGREEMENT made May 19, 1992,
BETWEEN:
CANUCK GREEN HOLDINGS LIMITED
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERINf3
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner and the Town entered into a Development Agreement dated October 1, 1990,
Notice of which was registered November 6, 1990, aa Instrument No. LT 525666, respecting the
development of Part Lot 26, Range 3, Broken Front Concession, part of Block E, Plan M-17, and all of
Block I, Plan M-17, all in the Town of Picketing in the Regional Municipality of Durham, as a 41 unit
condominium townhouse project;
WHEREAS it is necessary to amend that Development Agreement in certain respects, including the
deletion of the requirement that the project become a condominium, in order to provide for the orderly
development thereof;
NOW THEREFORE, THIS AGREEMENT W1TNESSETH, 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,
(a) that part of Lot 26, Range 3, Broken Front Concession, Pickering, designated aa Parts l
to 21, both inclusive, Plan 40R-12750;
(b) that part of Block E, Plan M-17, Picketing, designated as Parts 1, 2 and 3, Plan
40R-6270; and
(c) all of Block I, Plan M-17, Picketing.
2. In this Agreement, "Development Agreement" means the Development Agreement between the
Owner and the Town dated October 1, 1990, Notice of which was registered November 6, 1990,
as Instrument No. LT 525666.
3. Section 2 of the Development Agreement (Cancellation of A~eement) is hereby deleted.
4. Section 3 of the Development Agreement (Notice) is hereby deleted and the following
substituted for it:
(1) Any notice required to be given hereunder may be given by personal delivery or
registered mail.
(a) in the case of the Owner. to
Kevin Green. Preside,t
Canuck Green HoMings Limited
Suite 1906
365 Bloor Street East
Toronto. Ontario
M4W 3L4
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
(2) Each Party may redesignate the person or the address, or both, ~o whom or to which
such notice may be given by giving written notice to the other.
(3) Any notice given in accordance with this section shall be deemed to have been given on
the second day following the day of delivery or the day of mailing, as the case may be.
5. Subsection (1) of Section 19 of the Development Agreement (Performance and Maintenance
Gun.tee) is hereby amended by deleting the first four lines thereof and substituting the
following for them:
Before commencing the construction, installation or performance of any of the works
provided for herein, the Owner shah supply the Town with an irrevocable letter of
credit issued by a chartered bank in Canada in the amount of $60,000 (the "original
value") and in a form satisfactory to the Town as a performance and maintenance
security for the purpose of,
6. Clause (c) of subsection (1) of Section 23 of the Development Agreement (Construction &
· ' ) is hereby deleted and the following substituted for it:
(c) all development charges payable pursuant to section 25 hereof for all dwellings to be
erected on the Lands have been paid;
7. Section 25 of the Development Agreement (~) is hereby deleted and the following
substituted for it:
25. D~VELOPMENT CHARGES PAYABLE
(1) Until and including October 7, 1992, the development charge payable under the Town's
Development Charges By-law 3854/91 for each single dwelling within this project is
$3,686.
(2) From and after October 8, 1992, the development charges payable for dwelling units
within this project will be as set out in subsection (1) as adjusted on October 8, 1992,
and annually on every October 8 thereafter until they are paid, in accordance with the
Engineering News Record Cost Index (Toronto).
(3) The development charges set out in subsection (1) have been derived as follows:
administrative services - town offices $317
administrative services - capital growth studies 72
protection - lire facilities 78
protection -fire vehicles and equipment 130
storm drainage, roads, sidewalks, storm sewers, lighting and other services 810
transportation - works yards, vehicles and equipment 173
transportation - transit 43
park~ - parkland acquisition 334
parks - parkland development 692
major recreational facilities - major indoor recreational facilities 726
library - library facilities 192
library - Hbrary materials 119
total $3,686
8. Subsection (2) of Section 28 of the Development Agreement (Provision of Parkland / Tree
~ is hereby deleted and the following substituted for it:
(2) The Owner shall implement the Landscape Plan - Planting (Plan L2, dated March~92,
last revised April~92) prepared by Paul Cosburn Associates Limited, Landscape
Architects, in the Town-owned open space parkland immediately south of the Lands.
2
9(1). Subsection (1) of Section 30 of the Development Agreement (Site Plan/Development Control) is
hereby deleted and the following substituted for it:
(1) No development, including redevelopment, shall be undertaken on the Lands except in
conformity with this Agreement and with the following plans and drawings (herein
collectively called the "Plans"):
Plan Last
IVO. Plan Title ~ Revision
(a) AI-O1 Site Plan April 21/92 April 21/92
(b) Al-02 Elevations Feb. 28/92 unrevised
prepared by Kirshenblatt Korman Associates, Architects & Planners,
(c) L1 Landscape Plan - Layout March~92 April~92
(d) L2 Landscape Plan - Planting March~92 April~92
(e) L3 Landscape Details - General March/92 April~92
(f) L4 Landscape Details - Fencing March~92 unrevised
(g) L5 Landscape Details - General March~92 April/92
prepared by Paul Cosburn Associates Limited, Landscape Architects, and
(h) G1 Site Grading Plan Feb/92 April 8, 1992
(i) G2 Site Servicing Plan Feb~92 April 8, 1992
prepared by Proctor & Redfern Consulting Engineers.
(2) Subsection 3 of Section 30 (Site Plan/Develonment Control) of the Development Agreement is
~, .~ .by amended by deleting the amount "gll0,000.00" from the sixth line thereof and by
. ituting the amount "$190,000" for it.
10. Section 31 (Condominium Development) of the Development Agreement is hereby deleted.
11. Subsection (1) of Section 32 (Time Limited for Work and Guarantee of Workmanship and
~) of the Development Agreement is hereby deleted, and the following substituted for it:
(1) The Owner shall complete all works, services and requirements under this Agreement
on or before July 31, 1993.
IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their respective Corporate
Seals attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
CANUCK GREEN HOLDINGS LIMITED
Kevin Green, President
Martin Mendelow, Secretaxy
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk