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HomeMy WebLinkAboutBy-law 3209/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3209 /89 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement respecting the development of Blocks 95 to 97, Plan 40M-1513, Picketing (Duffin Developments Inc. ). 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 Subdivision Agreement dated June 15, 1987, with Duffin Developments Inc. respecting Plan 40M-1513, which Agreement requires amendment to provide for the development of Blocks 95, 96 and 97, Plan 40M-1513, Picketing; 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 an Agreement in the form attached hereto as Schedule A to amend the Subdivision Agreement dated June 15, 1987, between Duffin Developments Inc. and The Corporation of the Town of Picketing (notice of which was registered on February 17, 1988 as Instrument LT371541), respecting Plan 40M-1513, Picketing, in order to provide for the coordinated development of Blocks 95, 96 and 97, Plan 40M-1513, Picketing with adjacent lands. BY-LAW read a first, second and third time and finally passed this 26th day of June, 1989. /.~/B r u"c e Taylor, ' Clejrk TOWN OF APPROVED L£G~,L THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3209 /89 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement respecting the development of Blocks 95 to 97, Plan 40M-1513, Pickering (Duffin Developments Inc. ). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Pickering entered into a Subdivision Agreement dated June 15, 1987, with Duffin Developments Inc. respecting Plan 40M-1513, which Agreement requires amendment to provide for the development of Blocks 95, 96 and 97, Plan 40M-1513, Picketing; 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 the Subdivision Agreement dated June 15, 1987, between Duffin Developments Inc. and The Corporation of the Town of Pickering (notice of which was registered on February 17, 1988 as Instrument LT371541), respecting Plan 40M-1513, Pickering, in order to provide for the coordinated development of Blocks 95, 96 and 97, Plan 40M-1513, Pickering with adjacent lands. BY-LAW read a first, second and third time and finally passed this 26th day of June, 1989. ~ayne Ar~t~urs, Mayor ~-/B ru~e Taylor, ' Clerk TOWN OF APPF?OVE9 AS TO FO' LEGAL O~l~. THIS AGREEMENT made this 26th day of June, 1989. BETWEEN: DUFFIN DEVELOPMENTS INC. hereinafter called "Duffin" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the '~Town" OF THE SECOND PART. WHEREAS Duffin is the owner of Blocks 95 to 97, Plan 40M-1513, Pickering, which Blocks are designated as future development blocks in the Agreement dated June 15, 1987, between Duffin and the Town, Notice of which was registered February 17, 1988, as Instrument LT371541, an d, WHEREAS, those Blocks together with adjacent lands form three building lots which may be developed after this Agreement, amending the Agreement referred to above, has been registered on title to each Block; NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town lifting the future development restrictions on Blocks 95 to 97, Plan 40M-1513, Pickering, Duffin agrees with the Town as follows: 1. The lands affected by this Agreement (hereinafter called the "Lands") are Blocks 95 to 97, Plan 40M-1513, Picketing. 2. In this Agreement, the term "Subdivision Agreement" means the Agreement dated June 15, 1987, between Duffin and the Town, Notice of which was registered February 17, 1988 as Instrument No. LT371541. 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. The Subdivision Agreement shall apply to the development of the Lands and to the development of the 'adjacent lands (being Parts 2, 4, 7 and 8. Plan 40R-11609), as if the adjacent lands were part of the Lands. 5. Prior to the registration of this Agreement, Duffin shall pay to the Town,' (a) $105, as an engineering drawing inspection fee (section 17(1)); (b) $8,625, unit levies (section 29). 6. Prior to the registration of this Agreement, Duffin shall provide to the Town, (a) an amended $5 million liability insurance policy, including reference to Parts 2, 4, 7 and 8, Plan 40R-11609, showing the Town as a named insured; and (b) an increase in its performance and maintenance security in the amount of $6,000. 7. Prior to the registration of this Agreement, Duffin 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 and the adjacent lands; (b) revisions and additions to the approved Grading Control Plan to provide for the grading of the Lands and the adjacent lands; (c) its design planning report; (d) revisions and additions to the approved landscaping plan to provide for the landscaping of the Lands and the adiacent lands; (e) revisions and additions to the Tree Preservation Program to provide for the preservation of trees on the Lands and the adjacent 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 or on any lot comprised, in part, of a portion of the Lands, until this Agreement is registered on title to the Lands by the Town. 9. Sections 5(1), 5(2), 6 and 7 of Schedule A to the Subdivision Agreement are hereby deleted. 10. (1) The Table in Section 5(3) of Schedule A to the Subdivision Agreement is hereby amended by deleting "lST-79004-2A*" from Column II of Items 1 to 13 and substituting "40M-1509" for it in each Item. (2) That Table is further amended by deleting "*40M-Plan phase numbers, 18T-79088" from it. (3) That Table is further amended by adding the following Items to it: 14. Block 95 Parts ? and 8, Plan 40R-11609 1 15. Block 96 Part 4, Plan 40R-11609 1 16. Block 97 Part 2, Plan 40R-11609 1 11. Section 5(4)of Schedule A to the Subdivision Agreement is hereby amended by deleting "Item,s 2, 3, 4, 8, 9, 10, 11 and 12" from the first and second lines thereof and by substituting "Items 2 to 4, 8 to 12 and 14 to 16" for it. IN WITNESS WHEREOF, Duffin and the Town have hereunto affixed their corporate seals attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED DUFFIN DEVELOPMENTS INC. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk