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Home My WebLink AboutBy-law 3198/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3198 /89 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreements respecting the development of Block 75, Plan 40M-1439 and Block 84, Plan 40M-1526, Picketing (Rougecrest Construction Inc./Grand Oak Homes). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into: (a) a Subdivision Agreement dated June 2, 1986, with Rougecrest Con- struction Inc. respecting Plan 40M-1439~ and (b) a Subdivision Agreement dated April 21, 1987, with ~Grand Oak Homes (Eastern Division) Inc. respecting Plan 40M-1526, ~ which Agreements require amendment to provide for the coordinated development .as one building lot of Block 75, Plan 40M-1439 and Block 84, Plan 40M-1526, Pickeringi NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule A to amend: (a) the Subdivision Agreement dated June 2, 1986 between Rougecrest Construction Inc. and The Corporation of the Town of Picketing respecting Plan 40M-1439, and (b) the Subdivision Agreement dated April 21, 1987 between Grand Oak Homes and The Corporation of the Town of Picketing respecting Plan 40M-1526, in order to provide for the coordinated development of Block 75, Plan 40M-1439, Picketing and Block 84, Plan 40M-1525, Picketing. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3198 /89 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreements respecting the development of Block 75, Plan 40M-1439 and Block 84, Plan 40M-1526, Picketing (Rougecrest Construction Inc./Grand Oak Homes). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into: (a) a Subdivision Agreement dated June 2, 1986, with Rougecrest Con- struction Inc. respecting Plan 40M-1439; and (b) a Subdivision Agreement dated April 21, 1987, with Grand Oak Homes (Eastern Division) Inc. respecting Plan 40M-1526, which Agreements require amendment to provide for the coordinated development as one building lot of Block 75, Plan 40M-1439 and Block 84, Plan 40M-1526, Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule A to amend: (a) the Subdivision Agreement dated June 2, 1986 between Rougecrest Construction Inc. and The Corporation of the Town of Picketing respecting Plan 40M-1439, and (b) the Subdivision Agreement dated April 21, 1987 between Grand Oak Homes and The Corporation of the Town of Picketing respecting Plan 40M-1526, in order to provide for the coordinated development of Block 75, Plan 40M-1439, Picketing and Block 84, Plan 40M-1526, Picketing. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. Way n~-- ~r~ur $%--Mayor ,~ B~:uce Taylor, Cl~k LEGAL DEPT. THIS AGREEMENT made this day of , 1989. BETWEEN: ROUGECREST CONSTRUCTION hereinafter called "Rougecrest" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS Rougecrest is, (a) the successor of Grand Oak Homes (Eastern Division) Inc. (herein called "Grand Oak") in title to Block 84, Plan 40M-1526, Picketing, which Block ':' is designated as a future development block in the Agreement dated April 21, 1987, between Grand Oak and the Town, Notice of which was regis- tered March 11, 1988 as Instrument No. LT374631, and (b) the owner of Block 75, Plan 40M-1439, Picketing, which Block is des- ignated as a future development block in the Agreement dated June 2, 1986, between Rougecrest and the Town, Notice of which was registered December 8, 1986, as Instrument LT301266, an d, : WHEREAS, those Blocks together form one building lot which may be developed after this Agreement, amending the Agreements referred to above, has been registered on title to each Blockl NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town lifting the future development restrictions on Block 84, Plan 40M-1526, Picketing, and on Block 75, Plan 40M-1439, Picketing, Rougecrest agrees with the Town as follows: 1. The lands affected by this Agreement (hereinafter called the "Lands") are: FIRSTLY, Block 84, Plan 40M-1526, Picketing, and SECONDLY, Block 75, Plan 40M-1439, Picketing. 2. In this Agreement, the term, (a) "Grand Oak Agreement" means the Agreement dated April 21, 1987, between Grand Oak and the Town, Notice of which was registered March 11, 1988 as Instrument No. LT~74631, and (b) "Rougecrest Agreement" means the Agreement dated June 2, 1986 between Rougecrest and the Town, Notice of which was registered December 8, 1986 as Instrument LT3O1Z66. 3. (1) Time shall be of the essence of this Agreement. (2) This Agreement and everything herein contained shall enure to the bene- fit of and be binding upon the Parties hereto, their successors and assigns. 4. Despite any provision contained therein to the contrary, the Grand Oak Agree- ment shall not apply to the development of the Lands. 5. The Rougecrest Agreement shall apply to the development of the Lands includ- ing that portion of the Lands that is not within Plan 40M-14Bq, Pickerin$, as if all the Lands were within that Plan. 6. Prior to the registration of this Agreement, Rougecrest shall pay to the Town, (a) $35, as an engineering drawing inspection feel and (b) $2,875, unit levy. 7. Prior to the registration of this Agreement, Rougecrest shall provide to the Town, (a) an amended $5 million liability insurance policy, including reference to Block 84, Plan 40M-1526, showing the Town as a named insuredl and (b) an increase in its performance and maintenance security in the amount of $2,000. 8. Prior to the registration of this Agreement, Rougecrest 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 for the grading of the Lands; (c) its design planning report; (d) revisions and additions to the approved landscaping plan to provide for the landscaping of the Lands; (e) revisions and additions to the Tree Preservation Program to provide for the preservation of trees on the Lands. 9. Despite section 27(1) of the Rougecrest 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. 10. (1) Section 4(1) of Schedule A to the Rougecrest Agreement is hereby amended by deleting "75-5" {rom the first line thereof. (2) Sections 5(1), 5(2) and 6(a) of Schedule A to the Grand Oak Agreement are hereby amended by deleting "and Block 84" from the first line thereof. : (3) Block 84, Plan 40M-1526, Picketing, shall be developed only in conjunc- tion with Block 75, Plan 40M-1439, Picketing, to provide one dwelling unit. (4) For Rougecrest's contribution to the Town's parkland needs arising from the development of the Lands, Rougecrest shall pay to the Town the sum of $1,838 prior to the registration of this Agreement. IN WITNESS WHEREOF, Rougecrest and the Town have hereunto affixed their corpo- rate seals attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED ROUGECREST CONSTRUCTION INC. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 21 20 19 LEGAL DEPARTMENT Rougecrest Construction, Plan 40M-1439 - Future Development Block 75 Grand Oak Homes, Plan 40M-1526 - Future Development Block 84