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HomeMy WebLinkAboutBy-law 5081/97REPEALED BY REPEALS ......... AMENDED BY ~ , AMENDS DISPOSITION cotU'oIIAq-I xOWN 01= InC II!NO BY.LAW NO. 5081/97 Being a by. law to authorize the execution of an Amending Development Agreement respecting the development of Block 24, Plan 40M.1558, Pickerlng, designated as Parts 1-27 Inclusive, Plan 40R.17151 {Victorian Homes (Ontario) Inc.]. WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13, Victorian Homes (Ontario) Inc., and The Corporation of the Town of Picketing entered into a Development Agreement dated October 15, 1996 (Notice of which was registered October 15, 1996 as Instrument No. LT774759), respecting the development of Block 24, Plan 40M-1538, Picketing, designated as Parts 1-22 inclusive, Plan 40R-17151; AND WHEREAS that Development Agreement requires amendment; NOW THEREFO~E, 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 Amending Development Agreement in the form attached hereto as Schedule A, between Victorian Homes (Ontario) Inc., and The Corporation of the Town of Picketing, respecting the development of Block 24, Plan 40M-1538, Picketing, designated as Parts 1-22 inclusive, Plan 40R-17151. BY-LAW read a first, second and third time and finally passed this 5*h day of August 1997. Wayne Arthurs, Mayor TOWN OF' PIC/.~ERiNG DEVELOPMENT AMENDING AORE_EMEKF made August 5, 1997, pursuam ~o the pwvisiom of ~tio~t ~1(6) of th~ P/o~n~ng ~lct, R.S.O. 1990, chap~r P.I~. VICTORIAN HOMES ('ONTARIO] INC, OF THE FIRST PART, THE CORPORATION OF THE TOWN OF P!CKERING hereha oalled the "Town" OF THE SECOND PART. WHEREAS, pursuant to the predecessor of section 51 of thc Planning Act, R.S.O. 1990, chapter P.13, the Owner and the Town entered into a Development Agreement dated October 10, 1996 (Notice of which was registered October 15, 1996 as Instrument No. LT774759); and WHEREAS it is necessary to amend the original agreement between the Owner and the Town to reflect change the requirements relating to road construction; 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. Thc lands affected by this Agreement (herein called the "Lands") are those paris of Block 24, Plan 40M- I 538, Picketing, designated as Parts 1 to 22, inclusive, Plan 40R-I 7151. 2. In this Agreement, the term "Development Agreement" means the Development Agreement dated October 10, 1996 (Notice of which was registered October 15, 1996 as Instrument No. LT774759). 3. Section 10(1)(b) to the Development Agreement is hereby deleted. 4. Section 10(1)(c) to the Development Agreement is hereby deleted and the following substituted for it: "stormwater drainage and management system serving the Lands and the road within Plan 40R- 17520 and land outside the Lands but draining through the Land, complete with detention or retention facilities, quality control devices and outlets." 5. See/ion 25(1)(d) be deleted and the following substituted for it: "the existing turning circle located at the existing westerly terminus of Acorn Lane has been removed and relocated to the westem terminus of the Acorn Lane extension on Parts 15 and 16 of Plan 40R-17151, or to the western terminus of the further proposed Acorn Lane extensions on Parts 6 and 7, Plan 40R-17520, as the case may be, to the satisfaction of the Director of Public Works." 7. Section 25 to the Development Agreement includes an additional Clause to read: (4) The Owner acknowledges and agrees that Acorn Lane will be completed and an asphalt base will be laid on the Acorn Lane extension lying within the plan at the Owner's expense on or bet'om October 1, 1997, failing which the Town shall be authorized to enter onto the lands to complete the necessary works on behalf' of the Owner. In the event, the Town shall be entitled to draw on the performance and maintenance securities as set out in clause 21 of the Develepment Agreement tc cover the costs incurred by the Town in completing such works. IN WITNESS WHEREOF thc Town and thc companies comprising thc Owner hereto have hereunto affixed their respective Corporate Seals attested by thc hands of their respective authorized officers. SIGNED, SEALED AND DELIVERED VICTORIAN HOMES (ONTARIO} INC. ~,' arsten Smith, President I have authority to bind the corporation. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor