HomeMy WebLinkAboutBy-law 4243/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4243/93
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 32, 33, 34, 35 and
36, Plan 40M-1682, Pickering (946037 Ontario Limited,
18T-89036; Keeler, LD 61-65/93)
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 Agre~ement dated August 7, 1991 with 946037 Ontario
Limited (Notice of which was registered February 3, 1992, as Instrument LT$81711) respecting what is
now Plan 40M-1682, Picketing, which Agreement requires amendment to provide for the development
of Blocks 32, 33, 34, 35 and 36, Plan 40M-1682, Picker'mg, with adjacent lands (those parts of Lot 21,
Concession 2, Picker'mg, designated as Parts 2, 3, 4, 5 and 6, Plan 40R-12777); and
WHEREAS, pursuant to the same section of that Act, The Corporation of the Town of Pickering
requires 946037 Ontario Limited, being the intended owner of the lands to be severed pursuant to
Regional Municipality of Durham Land Division Committee Decisions LD61/93, LD62~3, LD63/93,
LD64/93 and LD65/93, (those parts of Lot 21, Concession 2, Picketing, designated as Parts 2, 3, 4, 5
and 6, Plan 40R-12777) to enter into a Subdivision Agreement to provide for the development thereof
with adjacent lands (Blocks 32, 33, 34, 35 and 36, Plan 40M-1682, 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 August 7, 1991, between 946037 Ontario Limited and The Corporation of the Town of
Picker'mg (Notice of which was registered February 3, 1992 as Instrument LT581711),
respecting the co-ordinated development of Blocks 32, 33, 34, 35 and 36, Plan 40M-1682,
Picketing, and those parts of Lot 21, Concession 2, Picketing, designated as Parts 2, 3, 4, 5 and
6, Plan 40R-12777.
BY-LAW read a first, second and third time and finally passed this 21st day of June, 1993.
Wayne Ai~h, u4s, Mayor ~
Brace Taylor, Clerk
TOWN (DF
PICKEI~ING
APPROVED
AS
LEGAL DEPt.
SCHEDULE
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made June 21, 1993, pursuant to
the provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P. 13,
BETWEEN:
946037 ONTARIO 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 entered into a Subdivision Agreement with the Town dated August 7, 1991,
Notice of which was registered February 3, 1992, as Instrument No. LT58171t, respecting the
subdivision of what is now Plan 40M~1682, Picketing; and
WHEREAS the Owner intends to acquire those parts of Lot 21, Concession 2, Picketing, designated as
Parts 2, 3, 4, 5 and 6, Plan 40R-12777, pursuant to Regional Municipality of Durham Land Division
Committee Decisions LD61/93, LD62/93, LD63/93, LD64/93 and LD65/93, in order to assemble those
parts with Blocks 36, 35, 34, 33 and 32, Plan 40M-1682, Pickering, to create five building lots; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the
development of the assembled building lots;
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") axe,
(a) Blocks 32, 33, 34, 35 and 36, Plan 40M-1682, Picketing; and
(b) those parts of Lot 21, Concession 2, Picketing, designated as Parts 2, 3, 4, 5 and 6, Plan
40R-12777.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner and the Town, dated August 7, 1991, Notice of which was registered February 3, 1992, as
Instrument No. LT581711.
3. The Owne~ 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) The Owner warrants that it is the registered owner of that part of the Lands described in
clause l(a), above, and that it intends to become the registered owner of that part of the
Lands described in clause i(b), above, and consents to the registration by the Town of
this Agreement on the title thereto.
(2) This Agreement shall not operate to amend the Subdivision Agreement until this
Agreement is registered on title to the Lands.
5. (1) Prior to the registration of this Agreement by the Town on title to the Lands, the Owner
shall pay to the Town, by certified cheque,
(a) an engineering drawing inspection fee of $175, and
(b) a parkland contribution of $7,363.
(2) Prior to the registration of this Agreement by the Town on title to the Lands, the Owner
shall provide to the Town,
(a) a Certificate showing an amendment to its Liability Insurance policy provided
pursuant to section 18 of the Subdivision Agreement, amending the Description
of Operations therein to include that part of the Lands described in clause l(b),
above, and
(b) an amendment to its Performance and Maintenance Guarantee provided
pursuant to section 19 of the Subdivision Agreement, increasing the face value
thereof by the sum of $10,000.
6. (1) Until and including October 7, 1993, the development charge payable under the Town's
Development Charges By-law 3854/91 for each dwelling to be constructed on the Lands
shall be $4,691.
(2) From and after October 8, 1993, the development charge payable for each dwelling unit
to be constructed on the Lands will be as set out in subsection (1) as adjusted on
October 8, 1993, and annually on every October 8 thereafter until it is 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 $355
administrative services - capital growth studies 80
protection - frre facilities 87
protection - fire vehicles and equipment 145
storm drainage, roads, sidewalks, storm sewers, lighting and other services 907
transportation - works yards, vehicles and equipment 193
transportation - transit 49
parks - parkland acquisition 374
parks - parkland development 775
major recreational facilities - major indoor recreational facilities 814
library - library facilities 216
library - library materials 133
electrical distribution services and facilities 563
total $4,691
7. Subsection 33(1) of the Subdivision Agreement (Tree Pla~) is hereby amended by deleting
from the first line the number "35" and by substituting the number "40" for it.
8. Sections 4, 5 and 6 of Schedule A to the Subdivision Agreement (Reaerved Future Deveinlmaent
Blocka; Releaz~d lttttme Devdolnne~ Blocka; [Yw~lllng U~it Coullt) are hereby deleted an the
following substituted for them:
4. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK ~_
(I) Block 37 shall be reserved for future residential development in conjunction
with abutting lauds; such development shall not commence without the prior
written approval of the Town which may be subject to couditions including, but
not necessarily limited to conditions respecting the development of the abutting
lauds.
(2) Until such time as Block 37 is developed, the Owner shall maintain it in a
clean and orderly condition to the satisfaction of the Town.
2
5. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 32 to 36 and 38 to 41
(1) The lands described in Column I of the following Table shall be developed by
the Owner only in conjunction with the lands described in Column I1 thereto to
provide the number of units set out in Column III thereof:
Table
Item Column I Column I1 Column III
1. Block 32 Part 6, Plan 40R-12777 1
2. Block 33 Part 5, Plan 40R-12777 1
3. Block 34 Part 4, Plan 40R-12777 1
4. Block 35 Part 3, Plan 40R-12777 I
5. Block 36 Part 2, Plan 40R-12777 1
6. Block 38 Block 26, Plan 40M-1609 1
7. Block 39 Block 27, Plan 40M-1609 1
8. Block 40 Block 28, Plan 40M-1609 1
9. Block 41 Block 29, Plan 40M-1609 1
(2) The development of the lands described in the above Table shall be governed
by the provisions of this Agreement.
6. DWELLING UNIT COUNT
(1) In the event that more than 40 units (1 each on Lots 1 to 31 and 1 each on the
lands described in Items 1 to 9 of the Table in section 5 of this Schedule) are to
be constructed in this project pursuant to this Agreement, an amendment to this
Agreement shall be required.
(2) In the event that less than 40 units (as described in subsection 1) are to be
constructed in this project pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to sections 17(1) and 32,
and
(b) the amount of the security to be provided to the Town pursuant to
section 29,
shall be pro-rated accordingly by the Town without an amendment to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their co.orate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
946037 ONTARIO LIMITED
Martin Gaffney, Director
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
SDAIOI