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HomeMy WebLinkAboutBy-law 4490/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW 4490/94 Being a by-law to authorize the execution of a Subdivision Agreement Amending Agreement to amend the Subdivision Agreement dated June 28, 1993, respecting the development of Draft Plan 18T-89077 (Part Lot 24, Concession 2, Pickering; Gossamer Hills Inc.). WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The Corporation of the Town of Pickering and Gossamer Hills Inc. entered into a Subdivision Agreement dated June 28, 1993, respecting the subdivision of Part Lot 24, Concession 2, Pickering, being Draft Plan of Subdivision 18T-89077; and WHEREAS it is desirable to amend that Agreement to extend the time limited therein for the registration of the final plan and for certain related purposes; 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 between Gossamer Hills Inc. and The Corporation of the Town of Pickering, in the form attached hereto as Schedule A, amending the Subdivision Agreement dated August 4, 1987, respecting Draft Plan 18T-89077, to extend the time limited therein for the registration of the final plan and for certain related purposes. BY-LAW read a first, second and third time and finally passed this 19th day of September, 1994. Schedule A THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made September 19, 1994, pursuant to the provisions of section 51(6) of the Planning Act, R.S.O. 1990, chapter P.13, BETWEEN: GOSSAMER HILLS INC., herein called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, the Owner and the Town entered into a Subdivision Agreement dated June 28, 1993, respecting the proposed subdivision of part of Lot 24, Concession 2, Pickering, as shown on a draft plan of subdivision designated as Draft Plan Number 18T- 89077; and WHEREAS that Agreement required that the plan of subdivision be registered on or before February 28, 1994, failing which the Agreement would be null and void and of no further effect; and WHEREAS it is desirable to amend that Agreement to extend the time limit for registration of the plan of subdivision; 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 68, Plan 40M- Pickering. 2. In this Agreement, the term "Subdivision Agreement" means the Agreement dated June 28, 1993, between the Owner and the Town. 3. The Owner and the Town are bound by, (a) the terms and conditions of the Subdivision Agreement as amended by the terms and conditions of this Agreement, and (b) the terms and conditions of this Agreement, and shall continue to be bound by thereby. 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. 5. Subsection 2(1) of the Subdivision Agreement is hereby deleted and the following substituted for it: (1) In the event the plan of subdivision is not registered on or before December 31, 1994, this Agreement shall be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof 6. Section I of Schedule C to the Subdivision Agreement is hereby deleted and the following substituted for it: 1. DEVELOPMENT CHARGES PA YABLE (1) Until and including October 7, 1994, the development charges payable under the Town's Development Charges By-law 3854/91 for each dwelling within this project is $4,985. (2) From and after October 8, 1994, the development charges payable for each dwelling within this project will be as set out in subsection (1) as adjusted on October 8, 1994, and annually on every October 8 thereafter until paid, in accordance with the Engineering News Record Cost Index (Toronto). (3) The amount of the development charge set out in subsection (1) has been derived as follows: administrative services - town offices $377 administrative services - capital growth studies 85 protection -fire facilities 93 protection -fire vehicles and equipment 154 storm drainage, roads, sidewalks, storm sewers, lighting and other services 964 transportation - works yards, vehicles and equipment 205 transportation - transit 52 parks - parkland acquisition 397 parks - parkland development 824 major recreational facilities - major indoor recreational facilities 865 library - library facilities 230 library - library materials 141 electrical distribution services and facilities 598 total $4,985 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 GOSSAMER HILLS INC. Edwin Hyde, President I have authority to bind the corporation. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER - ONTARIO HYDRO The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement. Dated at , Ontario, this day of ,1994. SIGNED, SEALED AND DELIVERED ONTARIO HYDRO We have the authority to bind the Corporation. ENCUMBRANCER - VICTOR PROUSKY. TRUSTEE The Encumbrancer hereby postpones any rights or interests which he has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement. Dated at , Ontario, this day of ,1994. SIGNED, SEALED AND DELIVERED in the presence of (seal) Victor Prousky, Trustee