HomeMy WebLinkAboutBy-law 4417/94 THE CORPORATION OF THE TOWN OF PICKEg!NG
BY-LAW 44 ! 7/94
Being a by-law to authorize the execution of an Agreement
to amend the Subdivision Agreement respecting the
development of Lots I to 4, both inclusive, 100 to 105, both
inclusive and Lots ]50 to 157, both inclusive, Plan 40M-
I 630, Picketing. (Nugget Construction Co. Ltd.).
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Picketing entered into a Subdivision Agreement dated November 28,
1988 with Nugget Construction Co. Ltd. (Notice of which was registered May 17, 1990, as
Instrument LT503230) respecting what is now Plan 40M-1630, Pickering, which Agreement
requires amendment to provide for the development of one additional dwelling unit on Lots 1 to
4, two additional dwelling units on Lots 100 to 105, and two additional dwelling units on Lots
150 to 157. Pickering.
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 November 28, 1988, between Nugget Construction Co.
Ltd. and The Corporation of the Town of Pickering (Notice of which was registered May
17, 1990 as Instrument LT503230), respecting the development of one additional
dwelling unit to be built on Lots I to 4, two additional dwelling units to be built on Lots
100 to 105, and two additional dwelling units to be built on Lots 150 to 157, Pickering.
BY-LAW read a first, second and third time and finally passed this 3rd day of May, 1994.
Wayne A~ May&,
Bruce Taylor, Clerk
Schedule A
THIS SUBDIVISION AMENDMENT AGREEMENT made May 3, 1994.
BETWEEN:
NUGGET CONSTRUCTION CO. LTD.
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 November 28, 1988 (Notice
of which was registered May 17, 1990 as Instrument No. LT503230), respecting the subdivision of that part of
Lot 33, Concession 1, Picketing, included in Region of Durham Draft Plan Number 18T-86043; and
WHEREAS that draft plan was registered on February 15, 1990 as Plan 40M-1630, Picketing; and
WHEREAS Lots 1 to 4, both inclusive, Lots 100 to 105, both inclusive and Lots 150 to 157, both inclusive,
Plan 40M-1630, Picketing, were initially released for development to support one dwelling unit each, but are
now to be released for development to support five additional dwelling units. (A 29/92):
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 I to 4, both inclusive, Lots
100 to 104, both inclusive and Lots 150 to 157, both inclusive, Plan 40M-1630, Pickering.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement dated November 28, 1988,
Notice of which was registered May 17, 1990 as Instrument No. LT503230.
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) $9,188 parkland contribution.
6. Prior to the registration of this Agreement, the Owner shall provide to the Town an increase of $30,000
in the amount of its performance and maintenance security.
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 tbr 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. Despite section 26(1) of the Subdivision Agreement, 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. (1) Sections 33(1) and 33(4) of the Subdivision Agreement are hereby amended by deleting the
number "173" from each and substituting the number "178" in each case.
(2) Section 33(4) is hereby further amended by deleting the amount "$100" therefrom and
substituting the amount "$150" for it.
10. (1) Section 5(1) of Schedule A of the Subdivision Agreement is hereby deleted and the following
substituted for it:
(I) In the event that more than 178 units (five on Lots 1 to 4, as revised, eight on Lots 100 to
105, as revised and ten on Lots 150 to 157, as revised) are to be constructed in this plan
pursuant to this Agreement, a further amendment to this Agreement shall be required.
(2) Section 5(2) of that Schedule is hereby amended by deleting the number "173" therefrom
and substituting the number "178" for it.
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
NUGGET CONSTRUCTION CO. LTD.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk