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Home My WebLink AboutBy-law 3196/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3196 /89 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreements respecting the development of Block 107, Plan 40M-1413 and Block 59, Plan 40M-1488, Picketing (Rougecrest Construction Inc./Grand Oak Homes). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. '1983, chapter 1, The Corporation of the Town of Picketing entered into: (a) a Subdivision Agreement dated May 21, 1985, with Rougecrest Con- struction Inc. respecting Plan 40M-1413~ and (b) a Subdivision Agreement dated April 21, 1987, with ~Grand Oak Homes (Eastern Division) Inc. respecting Plan 40M-1488, which Agreements require amendment to provide for the coordinated development as one building lot of Block 107, Plan 40M-1413 and Block 59, Plan 40M-1488, Pickering~ 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 to amend: (a) the Subdivision Agreement dated May 21, 1985 between Rougecrest Construction Inc. and The Corporation of the Town of Picketing respecting Plan 40M-1413, and (b) the Subdivision Agreement dated April 21, 1987 between Grand Oak Homes and The Corporation of the Town of Picketing respecting Plan 40M-1488, in order to provide for the coordinated development of Block 107, Plan 40M-1413, Picketing and Block 59, Plan 40M-1488, Picketing. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. / l~uce Tay~or,/flilerk TOWN OF PICKERING APPROVED LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3196 /89 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreements respecting the development of Block 107, Plan 40M-1413 and Block 59, Plan 40M-1488, Picketing (Rougecrest Construction Inc.]Grand Oak Homes). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into: (a) a Subdivision Agreement dated May 21, 1985, with Rougecrest Con- struction Inc. respecting Plan 40M-1413; and (b) a Subdivision Agreement dated April 21, 1987, with Grand Oak Homes (Eastern Division) Inc. respecting Plan 40M-1488, which Agreements require amendment to provide for the coordinated development as one building lot of Block 107, Plan 40M-1413 and Block 59, Plan 40M-1488, Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing ttEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule A to amend: (a) the Subdivision Agreement dated May 21, 1985 between Rougecrest Construction Inc. and The Corporation of the Town of Pickering respecting Plan 40M-1413, and (b) the Subdivision Agreement dated April 21, 1987 between Grand Oak Homes and The Corporation of the Town of Picketing respecting Plan 40M-1488, in order to provide for the coordinated development of Block 107, Plan 40M-1413, Picketing and Block 59, Plan 40M-1488, Picketing. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. Wayn~ A~)'~, Mayor J 135'uce Tay~r, ' lerk TOWN OF PICKERING APPROVED LEGAL D[PT. THIS AGREEMENT made this day of , 1989. BETWEEN: ROUGECREST CONSTRUCTION hereinafter c~led "Rougecrest" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS Rougecrest is, (a) the successor of Grand Oak Homes (Eastern Division) Inc. (herein called "Grand Oak") in title to Block 59, Plan 40M-1488, Picketing, which Block is designated as a future development block in the Agreement dated April 7.1, 1987, between Grand Oak and the Town, Notice of which was regis- tered September 17, 1987 as Instrument No. LT350089, and (b) the owner of Block 107, Plan 40M-1413, Picketing, which Block is des- ignated as a future development block in the Agreement dated May 7.1, 1985, between Rougecrest and the Town, Notice of which was registered October 20, 1986, as Instrument LT293063, and, WHEREAS, those Blocks together form one building lot which may be developed after this Agreement, amending the Agreements referred to above, has been registered on title to each Block; NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town lifting the future development restrictions on Block 59, Plan 40M-1488, Picketing, and on Block 107, Plan 40N1-1413, Picketing, Rougecrest agrees with the Town as follows: 1. The lands affected by this Agreement (hereinafter called the "Lands") are: FIRSTLY, Block 59, Plan 40M-1488, Picketing, and SECONDLY, Block 107, Plan 40M-1413, Picketing. 2. In this Agreement, the term, (a) "Grand Oak Agreement" means the Agreement dated April 21, 1987, between Grand Oak and the Town, Notice of which was registered Sep- tember 17, 1987 as Instrument No. LT350089, and (b) '~Rougecrest Agreement'~ means the Agreement dated May 21, 1985, be- tween Rougecrest and the Town, Notice of which was registered October 20, 1986 as Instrument LT293063, as amended by Agreement dated Suns 7., 1986, Notice of which was registered October 20, 1986 as Instrument LT293064. 3. (1) Time shall be of the essence of this Agreement. (2) This Agreement and everything herein contained shall enure to the bene- fit of and be binding upon the Parties hereto, their successors and assigns. 4. Despite any provision contained therein to the contrary, the Grand Oak Agree- ment shall not apply to the development of the Lands. 5. The Rougecrest Agreement shall apply to the development of the Lands includ- ing that portion of the Lands that is not within Plan 40M-1413, Picketing, as if all the Lands were within that Plan. 6. Prior to the registration of this Agreement, Rougecrest shall pay to the Town, (a) $35, as an engineering drawing inspection feel and (b) $2,875, unit levy. 7. Prior to the registration of this Agreement, Rougecrest shall provide to the Town ~ (a) an amended $5 million liability insurance policy, including reference to Block 59, Plan 40b1-1488, showing the Town as a named tnsuredl and (b) an increase in its performance and maintenance security in the amount of $2,000. 8. Prior to the registration of this Agreement, Rougecrest 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 hands~ (b) revisions and additions to the approved Grading Gontrol Plan to provide for the grading of the Lands; (c) its design planning reportl (d) revisions and additions to the approved landscaping plan to provide for the landscaping of the Lands; (e) revisions and additions to the Tree Preservation Program to provide for the preservation of trees on the Lands. 9. Despite section 27(1) of the Rougecrest Agreement, no building permit shall be issued for any building or part of a building on the Lands until this Agreement is registered on title to the Lands by the Town. 10. (1) Section 4(1) of Schedule A to the Rougecrest Agreement is hereby amended by deleting "107-2 to' from the first line thereof and substituting ~108-2 and" for it. (2) Sections 4(1) and 4(2) and the heading preceding them, of Schedule A to the Grand Oak Agreement are hereby amended by deleting "58 to 61n from the first line thereof and substituting *~58, 60 and 61" for it in each case. (3) Block 59, Plan 40M-1488, Picketing, shall be developed only in conjunc- tion with Block 107, Plan 40M-1413, Picketing, to provide one dwelling unit. (4) For Rougecrest~s contribution to the Town's parkland needs arising from the development of the Lands, Rougecrest shall pay to the Town the sum of $1,838 prior to the registration of this Agreement. IN WITNESS WHEREOF, Rougecrest and the Town have hereunto affixed their corpo- rate seals attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED ROUGECREST CONSTRUCTION INC. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ' '- ~'j~ The Town of Rickeri~ ~' LEGAL DEPARTMEh ROugecrest Construction, Plan 40M~14 Future Development Block 107 ~rand Oak Homes, Plan 40M-1488 ' - Future Development Block 59