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HomeMy WebLinkAboutBy-law 1275/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1275 /81 Being a By-Law to authorize the execution of a Levy Deferrment Agreement between the Corporation of the Town of Pickering and J.D.S. Investments Limited with respect to those parts of Lots 20 and 21, Concession 1, Pickering included in Draft Plan 18T-79008(R) WHEREAS, on April 6th, 1981, the Corporation of the Town of Pickering and J.D.S. Investments Limited entered into a Subdivision Agreement to provide for the orderly development of those parts of Lots 20 and 21, Concession 1, Pickering included in Draft Plan of Subdivision 18T-79008(8); and WHEREAS, it is deemed desirable to provide for the deferrment of certain levies required to be paid therein and to provide for the future provision of parkland to the Town; 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 Levy Deferrment Agreement in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and J.D.S. Investments Limited respecting those parts of Lots 20 and 21, Concession 1, Pickering included in Draft Plan of Subdivision 18T-79008(8). BY-LAW read a first, second and third time and finally passed this sixth day of April , 1981. !.. }Y.. h. i SCHEDULE "A" to By-law 1275/81 THIS AGREEMENT made in triplicate this day of , 1981. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - J.D.S. INVESTMENTS LIMITED hereinafter called "J.D.S." OF THE SECOND PART. WHEREAS, on April 6th, 1981, the Town and J.D.S. entered into a certain Agreement (hereinafter called the "Subdivision Agreement") to provide for the orderly development of those lands owned by J.D.S. and more particularly described in Schedule "A" hereto, subject to certain terms and conditions, including, (a) the payment of unit levies (section 24); and (b) the future provision of parkland to the Town (section 29(2) and Schedule A, sections 4(2) and 5); and WHEREAS, on April 6th, 1981, the Town and J.D.S. entered into a certain Agreement (hereinafter called the "Land Exchange Agreement") to provide for the exchange of certain lands in the Town's Main Central Area, subject to certain terms and conditions, including the establish- ment of a parkland dedication credit in favour of J.D.S.; NOW THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the mutual agreements, terms and covenants hereinafter set out, and the sum of two dollars ($2.00) now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: 1. The lands more particularly described in Schedule "A" hereto are those lands affected by the Subdivision Agreement and by this Agreement. 2. Notwithstanding the provisions of section 24 of the Subdivision Agreement, J.D.S. may defer the payment of the unit levies re- quired to be paid thereby until such time as the parkland dedi- cation credits referred to in subsections (1), (2) and (3) of section 4, below, have been drawn upon, in full, by J..D.S., to - 2 - satisfy parkland dedication requirements in furtherance of future residential development in the Town's Main Central Area. 3. (1) Upon tiie expiry of the deferrment period referred to in sec- tion 2, above, the unit levies that would otherwise have been required to be paid pursuant to section 24 of the Subdivision Agreement during that period (hereinafter called the "deferred levies") shall immediately become due and payable in accord- ance herewith. (2) Payment of deferred levies shall be made to the Town, from time to time, as cash-in-lieu of parkland dedication in furtherance of future residential development in the Town's Main Central Area. (3) The calculation of the amount of each payment of deferred levies as cash-in-lieu of parkland dedication shall be based upon the following formula: Number of units x 0.0049572 x $370,670.16 = amount of payment, being the Town's parkland dedication formula, on a basis of $150,000 per acre, metricated. 4. (1) By virtue of the operation of section 29 of the Subdivision Agreement, and the consequent conveyance of 1.85 hectares (4.58 acres) of land to the Town, J.D.S. is entitled to a parkland dedication credit in the amount of 374 residential units, being the units to be erected in Draft Plan of Sub- division 18T-79008(R), excepting Blocks 41 and 45. (2) By virtue of the operation of section 1(3) of the Land Exchange Agreement, and the related conveyance of net hectares ( acres) of land to the Town, J.D.S. shall become entitled to a further parkland dedication credit in the amount of residential units, so long as such units comprise future residential development in the Town's Main Central Area. (3) By virtue of the operation of section 5 of Schedule "A" of the Subdivision Agreement, upon the parkland dedication credits referred to in subsections (1) and (3) being drawn, in full, by J.D.S., J.D.S. shall convey Block 42 (compris- ing 1.2 hectares or 2.965 acres) on Draft Plan 18T-79008(R) to the Town in accordance with the said section 5, and upon such conveyance occurring, J.D.S. shall become entitled to a further parkland dedication credit in the amount of 242 residential units, so long as such units comprise fut- ure residential development in the Town's Main Central Area. (4) By virtue of the operation of section 3 of this Agreement, upon the payment of each $1,839.34 of deferred levies, J.D.S. shall become entitled to a further parkland dedica- tion credit of 1 residential unit, so long as such unit comprises future residential development in the Town's Main Central Area; on the basis of $448,800.00 total deferred levies, J.D.S. shall become entitled to a maximum of 244 residential units of parkland dedication credit under this subsection. 5. Notwithstanding the provisions of section 28 of the Subdivision Agreement, J.D.S. hereby agrees to maintain the letter of credit required to be provided pursuant to section 25 of the Subdivision Agreement until such time as all levies, deferred or not, have been paid and all occupancy permits have been issued, subject to reduction from time to time, as levies are paid and permits issued. - 3 - 16. This Agreement shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING < r l 7P L?l/iAl?l J. D. S. INVESTMENTS LIMITED President Vice-President t' 3 C?•-j 0 7G O r) nx0 W W ro a w rt 0 o0P rt n a ? ?• ti0 r• a W Oa z z H 4 0 ?n zHC t1i m r? z H En r H H H U tri d p, H x tj n O o0v 'T] O H nH ?°z HO zro H x t-i H d H t+i 0