HomeMy WebLinkAboutBy-law 4692/95 THE CORPORATION OF THE TOWN OF PICKERING
By-LAW 4692/95
Being a by-law to authorize the execution of an Agreement
to amend the Subdivision Agreement respecting the
development of Lots 1, 2, 3, 4, 5 and 8, Plan 40M-
Pickering (Maxcon Developments Ltd).
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Pickering entered into a Subdivision Agreement dated June 26, 1995
with Maxcon Developments Ltd. respecting Draft Plan 18T-86002, Pickering, which Agreement
requires amendment to provide for the development of three additional dwelling units on Lots 1
to 4, one additional dwelling unit on Lot 5, and one additional dwelling unit on Lot 8.
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 Subdivision Agreement
Amending Agreement, in the form attached hereto as Schedule A, amending the
Subdivision Agreement dated June 26, 1995, between Maxcon Construction Ltd. and The
Corporation of the Town of Pickering, respecting the development of three additional
dwelling units to be built on Lots 1 to 4, one additional dwelling unit to be built on Lot 5,
and one additional dwelling unit to be built on Lot 8.
BY-LAW read a first, second and third time and finally passed this 6th day of November, 1995.
TOWN OF
PICKERING
AFPR~'~ED
LEGAL DEPT.
Schedule A
THIS SUBDIVISION AMENDMENT AGREEMENT made November 6, 1995.
BETWEEN:
MAXCON DEVELOPMENTS LTD.
herein called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner and the Town entered into a Subdivision Agreement dated June 26, 1995, respecting the
subdivision of that part of Lot 32 and part of the road allowance between Lots 32 and 33, Concession 1, Pickering,
included in Region of Durham Draft Plan Number 18T-86002; and
WHEREAS Lots 1 to 5, both inclusive, and Lot 8, Plan 40M- __, Pickering, were initially released for development
to support semi-detached dwelling units on each, but are now to be released for development to provide for townbouse
units which support five additional dwelling units. (PCA 64/95-PCA 69/95);
NOW .THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by
each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with
the other as follows:
1. The lands affected by this Agreement (herein called the "Lands") are Lots 1 to 5, both inclusive, and Lot g, Plan
40M- _, Pickering.
2, In this Agreement, the term "Subdivision Agreement" means the Agreement dated June 26, 1995.
3. The Owner and the Town are bound by the terms and conditions of the Subdivision Agreement as amended
hereby, and by the terms and conditions of this Agreement, and shall continue to be bound by them.
4. (1) Time shall be of the essence of this Agreement.
(2) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the
Parties hereto, their successors and assigns.
(3) The Subdivision Agreement as amended hereby shall continue to apply to the development of the Lands.
5. Prior to the registration of this Agreement, the Owner shall pay to the Town,
(a) $175 as an engineering drawing inspection fee; and
(b) $1,100 legal processing fee.
6. Prior to the registration of this Agreement, the Owner shall provide to the Town an increase of its performance
and maintenance security by the amount determined to be required by the Town's Director of Public Works.
7. Prior to the registration of this Agreement, the Owner 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;
(b) revisions and additions to the approved Grading Control Plan to provide for the grading of the Lands;
(c) its design planning report for the Lands;
(d) revisions and additions to the approved landscaping plan to provide for the landscaping of the Lands.
8. 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.
9. Schedule D.1 of the Subdivision Agreement is hereby deleted and the following substituted for it:
EXPECTED NUMBER OF DWELLINGS
(1) This Agreement has been entered into in the expectation that 95 dwellings are to be constructed on the
Lands, as follows:
(a) 17 townhouse dwellings - eleven on Lots 1 to 4, three on Lot 5 and three on Lot 8;
(b) 28 quadruplex dwellings - four each on Lots 6, 7 and 9 to 13;
(c) 18 townhouse dwellings - six each on Blocks 14 to 16;
(d) 12 other dwellings (type unspecified) on Block 17; and
(e) 20 apartment dwellings (number of bedrooms unspecified) on Block 18.
(2) If more or less than,
(a) 95 dwellings are to be constructed in this project, or
(b) 12 dwellings are to be constructed on Block 17, or
(c) 20 dwellings are to be constructed on Block 18,
the Town at its sole discretion may require the Owner to obtain new approvals and authorizations under
this Agreement and may prohibit any development until the new approvals and authorizations are
obtained.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
MAXCON DEVELOPMENTS LTD.
Rick D'Andrea, President
1 have authority to bind the corporation.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk