HomeMy WebLinkAboutBy-law 1215/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1215/80
Being a By-Law to authorize the execution
of an Agreement amending the Subdivision
Agreement dated June 5th, 1978, between
the Corporation of the Town of Pickering,
Eagle Brook Investments Limited and Bally-
croy Investments Limited (Plan M-1185)
WHEREAS, the ultimate development of the lands in Plan M-1185
will be different from that envisaged when the Subdivision
Agreement therefor was entered into; and
WHEREAS, it is therefore deemed desirable to amend the said
Agreement in certain respects;
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", amending the Subdivision Agreement dated June
5th, 1978, between the Corporation of the Town of
Pickering, Eagle Brook Investments Limited and Bally-
croy Investments Limited (Plan M-1185).
BY-LAW read a first, second and third time and finally passed
this 15th day of December 1980.
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f ? l A
SCHEDULE "A" to By-law #1215/80
THIS AGREEMENT made in triplicate this day of January,
1981.
B E T W E E N:
EAGLE BROOK INVESTMENTS LIMITED
BALLYCROY INVESTMENTS LIMITED
hereinafter collectively called the "Owner",
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town",
OF THE SECOND PART.
WHEREAS, by Agreement dated June 5th, 1978 and registered
March 7th, 1980 as Instrument No. LT105123, between the
owner and the Town, the Owner proposed to subdivide and
register a plan of subdivision of,
(a) Lot 26 and Block C, Plan M-1007, Pickering, and
(b) that part of Lot 28, Range 3, Broken Front Concession,
designated as Part 1 on Plan 40R-2026,
being Ministry of Housing Draft Plan Number 18T-77080,
revised; and :
WHEREAS, the said plan was registered on January 9th, 1980
as Plan M-1185; and
WHEREAS, the ultimate development of the lands in Plan M-1185
will be different from that envisaged when the said Agreement
was entered into; and
WHEREAS, it is therefore deemed desirable to amend the said
Agreement in certain respects;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT in consideration
of the sum of Two ($2.00) Dollars paid by each Party to the
other, receipt of which by each is hereby acknowledged, the
Parties hereto agree as follows:
1. The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering,
in the Regional Municipality of Durham and Province of
Ontario, and being composed of the whole of Parcel Plan-1,
Section M-1185.
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2. In this Agreement, the term "Subdivision Agreement" shall mean
the Agreement dated June 5th, 1978 and registered March 7th,
1980 as Instrument No. LT105123, between the Owner and the
Town.
3. Section 23 of the Subdivision Agreement is hereby deleted and
the following substituted therefor:
Time Limit for Construction
The Owner agrees to construct or cause to be constructed 37
(thirty-seven) housing units; and 17,000 square feet of com-
mercial space which shall be completed within 2 (two) years
of the date of registration of the plan.
4. Line 4 of section 28 of the Subdivision Agreement is hereby
amended by deleting therefrom the term "$64,500" and substi-
tuting therefor the term "$55,500".
5. Section 31 of the Subdivision Agreement is hereby deleted
and the following substituted therefor:
Park Dedication
The Owner agrees that, prior to the registration of the plan
herein, it shall pay to the Town the sum of $22,675 in cash
in lieu of the dedication of parkland, and the Town hereby
agrees to accept such sum for that purpose.
6. (1) Subsection (a) of section 1 of Schedule "B" of the
Subdivision Agreement is hereby deleted and the
following substituted therefor:
Industrial/Commercial Component
(a) The Owner shall construct,
(i) on Block E, commercial buildings having a
total floor area of not less than 17,000
square feet; and
(ii) elsewhere within the Town of Pickering,
industrial buildings having a total floor
area of not less than 10,500 square feet,
and based on the Town's 30 (commercial.) - 70 (residen-
tial) ratio and the Town's 40 (industrial - 60 (resi-
dential) ratio, shall be entitled thereby to 37 credits
upon which the same number of residential building
unit permits may be issued.
(2) Line 6 of subsection (c) of the said section is hereby
amended by deleting therefrom the term "$12,000" and
substituting therefor the term "$10,325".
(3) Line 3 of subsection (d) of the said section is
amended by deleting therefrom the term "$60,000" and
substituting therefor the term "$50,000".
7. The Encumbrancers agree with the Town that this Agreement
shall have priority over and take precedence over any rights
or interests they may have in the lands affected hereby,
whether or not any such right or interest was established
or arose prior to the date hereof and whether or not such
right or interest is set out in or arises by virtue of any
instrument or document registered on title to the lands
affected hereby, or any part of them, prior to the regis-
tration of this Agreement.
8. Time shall be of the essence of this Agreement.
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9. This Agreement and everything herein contained shall enure to
the benefit of and be binding upon the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF the said Parties have hereunto affixed
their Corporate Seals attested to by the hands of their proper
officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
EAGLE BROOK INVESTMENTS LIMITED
BALLYCROY INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF
PICKERING
ayor
?? Clerk