HomeMy WebLinkAboutBy-law 3209/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3209 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 95 to 97,
Plan 40M-1513, Picketing (Duffin Developments
Inc. ).
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 Subdivision Agreement dated
June 15, 1987, with Duffin Developments Inc. respecting Plan 40M-1513, which
Agreement requires amendment to provide for the development of Blocks 95, 96 and
97, Plan 40M-1513, Picketing;
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 an Agreement in
the form attached hereto as Schedule A to amend the Subdivision
Agreement dated June 15, 1987, between Duffin Developments Inc. and
The Corporation of the Town of Picketing (notice of which was registered
on February 17, 1988 as Instrument LT371541), respecting Plan 40M-1513,
Picketing, in order to provide for the coordinated development of Blocks
95, 96 and 97, Plan 40M-1513, Picketing with adjacent lands.
BY-LAW read a first, second and third time and finally passed this 26th day of June,
1989.
/.~/B r u"c e Taylor, ' Clejrk
TOWN OF
APPROVED
L£G~,L
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3209 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 95 to 97,
Plan 40M-1513, Pickering (Duffin Developments
Inc. ).
WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1,
The Corporation of the Town of Pickering entered into a Subdivision Agreement dated
June 15, 1987, with Duffin Developments Inc. respecting Plan 40M-1513, which
Agreement requires amendment to provide for the development of Blocks 95, 96 and
97, Plan 40M-1513, Picketing;
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 the Subdivision
Agreement dated June 15, 1987, between Duffin Developments Inc. and
The Corporation of the Town of Pickering (notice of which was registered
on February 17, 1988 as Instrument LT371541), respecting Plan 40M-1513,
Pickering, in order to provide for the coordinated development of Blocks
95, 96 and 97, Plan 40M-1513, Pickering with adjacent lands.
BY-LAW read a first, second and third time and finally passed this 26th day of June,
1989.
~ayne Ar~t~urs, Mayor
~-/B ru~e Taylor, ' Clerk
TOWN OF
APPF?OVE9
AS TO FO'
LEGAL O~l~.
THIS AGREEMENT made this 26th day of June, 1989.
BETWEEN:
DUFFIN DEVELOPMENTS INC.
hereinafter called "Duffin"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the '~Town"
OF THE SECOND PART.
WHEREAS Duffin is the owner of Blocks 95 to 97, Plan 40M-1513, Pickering, which
Blocks are designated as future development blocks in the Agreement dated June 15,
1987, between Duffin and the Town, Notice of which was registered February 17,
1988, as Instrument LT371541,
an d,
WHEREAS, those Blocks together with adjacent lands form three building lots which
may be developed after this Agreement, amending the Agreement 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 Blocks 95 to 97, Plan 40M-1513,
Pickering, Duffin agrees with the Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are
Blocks 95 to 97, Plan 40M-1513, Picketing.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated June 15, 1987, between Duffin and the Town, Notice of which was
registered February 17, 1988 as Instrument No. LT371541.
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. The Subdivision Agreement shall apply to the development of the Lands and to
the development of the 'adjacent lands (being Parts 2, 4, 7 and 8. Plan
40R-11609), as if the adjacent lands were part of the Lands.
5. Prior to the registration of this Agreement, Duffin shall pay to the Town,'
(a) $105, as an engineering drawing inspection fee (section 17(1));
(b) $8,625, unit levies (section 29).
6. Prior to the registration of this Agreement, Duffin shall provide to the Town,
(a) an amended $5 million liability insurance policy, including reference to
Parts 2, 4, 7 and 8, Plan 40R-11609, showing the Town as a named
insured; and
(b) an increase in its performance and maintenance security in the amount of
$6,000.
7. Prior to the registration of this Agreement, Duffin 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 Lands and the adjacent lands;
(b) revisions and additions to the approved Grading Control Plan to provide
for the grading of the Lands and the adjacent lands;
(c) its design planning report;
(d) revisions and additions to the approved landscaping plan to provide for
the landscaping of the Lands and the adiacent lands;
(e) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on the Lands and the adjacent lands.
8. Despite section 26(1) of the Subdivision Agreement, no building permit shall be
issued for any building or part of a building on the Lands or on any lot
comprised, in part, of a portion of the Lands, until this Agreement is
registered on title to the Lands by the Town.
9. Sections 5(1), 5(2), 6 and 7 of Schedule A to the Subdivision Agreement are
hereby deleted.
10. (1) The Table in Section 5(3) of Schedule A to the Subdivision Agreement is
hereby amended by deleting "lST-79004-2A*" from Column II of Items 1 to
13 and substituting "40M-1509" for it in each Item.
(2) That Table is further amended by deleting "*40M-Plan phase numbers,
18T-79088" from it.
(3) That Table is further amended by adding the following Items to it:
14. Block 95 Parts ? and 8, Plan 40R-11609 1
15. Block 96 Part 4, Plan 40R-11609 1
16. Block 97 Part 2, Plan 40R-11609 1
11. Section 5(4)of Schedule A to the Subdivision Agreement is hereby amended by
deleting "Item,s 2, 3, 4, 8, 9, 10, 11 and 12" from the first and second lines
thereof and by substituting "Items 2 to 4, 8 to 12 and 14 to 16" for it.
IN WITNESS WHEREOF, Duffin and the Town have hereunto affixed their corporate
seals attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
DUFFIN DEVELOPMENTS INC.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk