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HomeMy WebLinkAboutBy-law 4520/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW 4520/94 Being a by-law to authorize the execution of a Subdivision Agreement Amending Agreement to amend the Subdivision Agreement dated February 15, 1993. respecting the development of Plan 4OM-1730 [North Pier Estates Ltd]. WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The Corporation of the Town of Picketing and North Pier Estates Ltd. entered into a Subdivision Agreement dated February 15, 1993, Notice of which was registered in the Land Registry Office of the Land Titles Division of Durham (No. 40) on August 31, 1993, as Instrument Number LT651805, respecting the proposed subdivision of that part of Lot 30, Concession 1, Picketing, now designated as Plan Number 40M-1730; and WHEREAS it is desirable to amend that Agreement so that certain blocks reserved for futura development may now be developed; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement Amending Agreement between North Pier Estates Ltd. and The Corporation of the Town of Picketing, in the form attached hereto as Schedule A, amending the Subdivision Agreement dated February 15, 1993, respecting the proposed subdivision of that part of Lot 30, Concession 1, Picketing, now designated as Plan Number 40M-1730; respecting Draft Plan 40M-1730, so that certain blocks reserved for future development may now be developed. BY-LAW read a first, second and third time and finally passed this 17th day of October, 1994. ~5"ruce Taylor, Clerk TC '! CF p!r-. . ,~ t ~,: 0 A;". ,','ED '~-[ GAL D £ ~-"r. Schedule A THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made October 17, 1994, pursuant to the provisions of section 51(6) of the Planning Act, R.S.O. 1990, chapter P. 13, BETWEEN: NORTH PIER ESTATES 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, 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 February 15, 1993, Notice of which was registered in the Land Registry Office of the Land Titles Division of Durham (No. 40) on August 31, 1993 as Instrument Number LT651805, respecting the proposed subdivision of that part of Lot 30, Concession 1, Picketing, now designated as Plan Number 40M-1730; and WHEREAS section 3 of Schedule that Agreement required that certain Blocks be reserved for future development, which reservation may now be lifted; 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 (the "Lands") are Blocks 20 to 28, Plan 40M-1730, Picketing. 2. In this Agreement, the term "Subdivision Agreement" means the agreement dated February 15, 1993, between the Owner and the Town, Notice of which was registered in the Land Titles Office of the Land Registry Division of Durham (No. 40) on August 31, 1993 as Instrument Number LT651805. 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 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. (3) Section of this Agreement shall not lake effect until this Agreement is registered by the Town in the Land Registry Office of the Land Titles Division of Durham (No. 40) 5. Prior to the Town registering this Agreement, the Owner shall, (a) increase the amount of the performance and maintenance security filed with the Town pursuant to section 21 of the Subdivision Agreement by $20,000; (b) pay to the Town an Engineering Drawing Inspection Fee of $280; and (c) pay to the Town a Subdivision Agreement Amending Agreement processing fee of $1,070 ($1,000 fee, plus $70 GST). 6. Section I of Schedule C to the Subdivision Agreement is hereby deleted and the following substituted for it: 1. DEVELOPMENT CHARGES PAYABLE (1) Until and including October 7, 1995, the amount of the development charge payable under the Town's Development Charges By-law 3854/91 for each dwelling unit in this project is $5,380. (2) From and after October 8, 1995, the amount of the development charge payable for each dwelling unit within this project will be as set out in subsection (1) as adjusted on October 8, 1995, and annually on every October 8 thereafter until paid, in accordance with the Engineering News Record Cost Index (Toronto). 7. Section I of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted for it: 1. EXPECTED NUMBER OF DWELLINGS (1) This Agreement has been entered into in the expectation that 28 dwellings are to be constructed in the project, as follows: (a) 26 single dwellings - one each on Lots I to 4; one each on the lands described in Items I to 14 of the Table in subsection 2(1) of this Schedule; and one each on the lands described in Items I to 8 of the Table in subsection 3(1) of this Schedule; and (b) 2 semi-detached dwellings on Lot 5. (2) If more or less than 28 dwellings are to be constructed in this project, 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. 8. Section 3 of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted for it: 3. PREVIOUSLY RESERVED. NOW RELEASED. FUTURE DEVELOPMENT BLOCKS (1) The blocks set out in Column I of the following Table shall be developed only in conjunction with the lands described in Column Il thereof, to provide the number of dwellings set out in Colunm III thereof: Item ~ ~ ~ 1. Block 20 Block 51, Draft Plan 18T-93020 1 2. Block 21 Block 50, Draft Plan 18T-93020 I 3. Block 22 Block 49, Draft Plan 18T-93020 1 4. Block 23 Block 48, Draft Plan 18T-93020 1 5. Block 24 Block 47, Draft Plan 18T-93020 1 6. Block 25 Block 46, Draft Plan 18T-93020 1 7. Block 26 Block 45, Draft Plan 18T-93020 1 8. Block 27 Block 44, Draft Plan 18T-93020 1 9. Block 28 Block 43, Draft Plan 18T-93020 2 (2) The development of the lands described in Columns I and II of Items I to 8 of the Table in subsection (1) shall be governed by the provisions of this Agreement. (3) The development of the lands described in Columns I and II of Item 9 of the Table in subsection (1) shall be governed by the provisions of the Subdivision Agreement respecting Draft Plan 18T-93020. (4) Until such time as Blocks 20 to 27 are developed in accordance herewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. 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 NORTH PIER ESTATES LTD. James E. Reininger, President James Reininger, Secretary-Treasurer THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER - KELECK INVESTMENTS (PICKERING'~ INCORPORATED 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 Scarborough, Ontario, this day of ,1994. SIGNED, SEALED AND DELIVERED KELECK INVESTMENTS (PICKERING) INCORPORATED David Brand, Manager