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Home My WebLink AboutBy-law 2698/88 TIlE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2698/88 Being a by-law to authorize the execution of an Agreement to amend the Servicing Agreement respecting Part Lots 23 and 24, Concession 1, Picketing (A 51/87; Bramalea Limited) WHEREAS, as a condition of the approval by the Council of The Corporation of the Town of Picketing, a rezoning application A 51/87 submitted by Bramalea Limited respecting part of Lots 23 and 24, Concession 1, Picketing, Bramalea Limited is required to enter into an agreement requiring it to contribute to the cost of providing traffic lights at the intersection of Dixie Road and Kingston Road (Highway #2); NOW TltEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: l. The Mayor and Clerk are hereby authorized to execute an agreement, in the form attached hereto as Schedule A, amending the Servicing Agreement dated February 16, 1987, respecting the development of Part Lots 23 and 24, Conces- sion 1, Picketing (A 51/87; Bramalea Limited). BY-LAW read a first, second and third time and finally passed this 7th day of March, 1988. / o~n E.,/~d~g-66~, Mayor TOWN OF PlC:{ERING APPROVED LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2698/88 Being a by-law to authorize the execution of an Agreement to amend the Servicing Agreement respecting Part Lots 23 and 24, Concession 1, Picketing (A 51/87; Bramalea Limited) WHEREAS, as a condition of the approval by the Council of The Corporation of the Town of Pickering, a rezoning application A 51/87 submitted by Bramalea Limited respecting part of Lots 23 and 24, Concession 1, Pickering, Bramalea Limited is required to enter into an agreement requiring it to contribute to the cost of providing traffic lights at the intersection of Dixie Road and Kingston Road (Highway #2); 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 an agreement, in the form attached hereto as Schedule A, amending the Servicing Agreement dated February 16, 1987, respecting the development of Part Lots 23 and 24, Conces- sion 1, Picketing (A 51/87; Bramalea Limited). BY-LAW read a first, second and third time and finally passed this 7th day of March, 1988. rucb Ta~lor, Clerk~/ TOWN OF APPROVED L~:~GAL DEPT. SCHEDULE A THIS AGREEMENT made this day of , 1988. BETWEEN: BRAMALEA LIMITED 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, pursuant to an Agreement dated February 16, 1987, between 117884 Canada Inc., the Owner, and the Town, registered April 14, 1987, as Instrument D245947, those parties agreed to a servicing scheme for the development of those parts of Lots 23 and 24, Concession 1, Picketing, designated as Parts 1, 2 and 3, Plan 40R-9889; and WHEREAS, pursuant to the provisions of the Town's Council's Resolution 151/87 (item 5) approving the Owner's application (A51/87) of an amendment to Zoning By-law 3036 respecting Parts 1 and 2, Plan 40R-9889, now designated as Parts 1 and 2, Plan 40R-10571, an amendment to that agreement is required in order to provide for a contribution by the Owner to the cost of traffic light installation at the inter- section of Dixie Road and Kingston Road; NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town approving Zoning By-law Amendment Application A51/87, the Owner agrees with the Town as follows: 1. The lands affected by this Agreement (hereinafter called the "Lands") are that part of Lot 24, Concession 1, Picketing, designated as Parts 1 and 2, Plan 40R-10571. 2. In this Agreement, the term "Servicing Agreement" means the Agreement dated February 16, 1987, between 117884 Canada Inc., the Owner and the Town, registered April 14, 1987, as Instrument No. D245947. 3. The Owner acknowledges and agrees that it is bound by all the terms and provisions of the Servicing Agreement, as amended hereby. 4. (1) Whenever the term "Owner" or the pronoun T'it" is used, the term or pronoun shall be read and construed as "Owner or Owners" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Time shall be of the essence of this Agreement. (3) This Agreement and everything herein contained shall enure to the bene- fit of and be binding upon the Parties hereto, their successors and assigns. 5. The Servicing Agreement is hereby amended by adding thereto the following section: 13A. TRAFFIC LIGHTS - DIXIE ROAD/KINGSTON ROAD INTERSECTION (1) In this section, "installation" means the provision, installation and erection of all necessary and related works and appurtenances to the standards and specifications of the provincial Ministry of Transportation, and "install" has a corresponding meaning. (2) Bramalea Dim/ted shall install or arrange for the installation of traffic lights and eastbound, westbound and southbound Opt/corns at the intersection of Dixie Road and Kingston Road, all at no expense to the Town. (3) For the sake of clarity and without intending to affect any other provision of this Agreement, (a) the provisions of sections 6, 7, 15, 16, 17, 18, 19(b), 19(c), 19(e) and 20 of this Agreement shall apply, and (b) the provisions of sections 14, 19(d), 19(f) and 19(i) shall not apply, to Bramalea Limited in the installation of those traffic lights and Opt/corns. (4) If the provincial Ministry of Transportation installs or arranges for the installation of those traffic lights and Opticoms, then subsections (1), (2) and (3) of this section shall be inoperable. (5) Regardless of whether the Ministry of Transportation or Bramalea Limited installs or arranges for the installation of those traffic lights and Opt/corns, if Bramalea Limited contributes money to the cost thereof, the provisions of subsections (6), (7) and (8) hereof shall apply. (6) Bramalea Limited shall provide to the Town, in a form satisfactory to the Town, evidence of all monetary contributions made by Bramalea Limited to the cost thereof, whereupon the Town Manag- er shall determine and notify Bramalea Limited in writing of the following: (a) the area of the lands outside the Lands, if any, that the traffic lights and Opt/corns shall be deemed to service for the purposes of this section (the "external lands"); (b) the portion of Bramalea L/m/ted's monetary contributions that the Town shall deem to be applicable to the external lands for the purposes of this section (the "shared cost"); and (c) the amount of the shared cost that the Town shall deem to be applicable to each hectare of the external lands (the "per hectare shared cost"), and that determination shall be final. (7) In the event that the external 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 Bramalea Limited, prior to the development of those lands, all or an appropriate portion of the shared cost, (a) calculated according to the gross area immediately prior to development of the external lands to be developed and the per hectare shared cost, and (b) adjusted annually, for a maximum of five years from the date of the notification referred to in subsection (6), above, according to the Southam Construction Cost Index for Ontario, composite portion. (8) In consideration of the Town approving Zoning By-law Amendment Application A§1/87 and 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 Parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE COi%PORAT/I4~ OF THE TOWN OF PICKERING f /~hn E~ Ande~sd?t~Mayor Bruce Taylor, Clerk