HomeMy WebLinkAboutBy-law 5094/97REPEALED BY . ,
REPEALS
AMENDED BY , ~ ~
AMENDS
DISPOSITIOH
THE CORPORATION OF THETOWN OF PICKE~Q
BY.LAW 5094/9?
Being a by. law to .uthorite the execution ~'an Agreement
to amend the Subdivision /igreement respecting the
development of Bloclc¥ 104.108, inclusive, Plan 40M-1851,
Pickering (Nugget Construction Co. Limited.).
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 October 16,
1995 with Nugget Construction Co. Limited (Notice of which was registered January 24, 1996,
as Instrument LT74460!) respecting what is nox¥ Plan 40M-1831, Picketing, which Agreement
requires amendment to provide Ibr the development of blocks designated as future development
Blocks 104-108, inclusive;
NOW THEREFORE, the Council of The Coriz~ration of the Town of Pickcring iiEREBY
ENACTS AS FOLLOWS:
Ii l. The Mayor and Clerk are hereby authorized lo execute a Subdivision Amendment
il Agreement, in the tbrm attached hereto as Schedule A, amending the Subdivision
Agreement dated October 16, 1995. between Nugget Construction Co. Limited and The
Corporation of the Town of Picketing (Notice of which was registered January 24, 1996
as Instrument LT744601 ), respecting the development of Blocks 104-108, inclusive, Plan
40M- 183 I, Picketing.
BY-LAW read a first, second and third time and finally passed this 15th day of September, 1997.
:THIS SUBDIVISION AMENDMENT AOREEMENT made S~t~mber 15, 1997.
BETWEEN:
NUGGET CONSTRUCTION cOt LIMITED
herein called the "Owner"
OF THE FIRST PART,
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 October 16, 1995 (Notice of
which was registered January 24, 1996 as Instrument No. LT744601), respecting the subdivision of part of Lot
33~ Concession 1, Picketing and certain parts of Lots 22 and 23, Plan 329, Picketing, included in Region of
Durham Drat~ Plan Number 18T-88002; and
WHEREAS that draft plan was registered on December 6, 1995 as Plan 40M- 183 l, Picketing; and
WHEREAS Blocks 104-108, both inclusive, Plan 40M-1831, Picketing, were initially reserved for future
residential developmem;
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 Blocks 104-108, both inclusive,
Plat~ 40M-1831, Picketing.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement dated October 16, 1995,
Notice of which was r.:gistered January 24, 1996 as Instrument No. LT744601.
3. The Owner and the Town are boun'~, 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 bepzfit 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 o£the
Lands.
5. Prior to tine registration of this Agreement, the Owner shall pay to the Town $47,055.90, which
represents the Owner's contribution towards fi~e Urbanization of Woodview Avenue.
6. Prior to the registration of this Agreement, the Owner shall submit to the appropriate Toga 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.
7. Despite section 26(1) of the Subdivision Agreement, no ' ~uilding permit shall be issued for any building
or part of a building on the Lands herein until this !. ,eement is registered on title to the Lands by the
Town.
IN WITNESS WHEF.. OF the Parties hereto have hereunto affixed their respective Corporate Seals attested to
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
NUGGET CONSTRUCTION CO. L1MITED
'FILE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
File: 40M-1831