HomeMy WebLinkAboutBy-law 3313/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3313 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Block 1O, Plan
40M-1602, Picketing (J.D.S. Investments Limited/
J. Israeli (Brock) Limited).
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
October 17, 1988, with J.D.S. Investments Limited and J. Israeli (Brock) Limited,
respecting Plan 40M-1602, which Agreement requires amendment to provide for the
development of Block 10, Plan 40M-1602, 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 October 17, 1988, between J.D.S. Investments Limited
and J. Israeli (Brock) Limited and The Corporation of the Town of Picketing
respecting Plan 40M-1602, in order to provide for the development of
Block 10, Plan 40M-1602, Picketing.
BY-LAW read a first, second and third time and finally passed this 20th day of
November, 1989.
Wayne Art.,rs, Mayor
Bru~ce Taylor~" Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3313 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Block i0, Plan
40M-1602, Picketing (J.D.S. Investments Limited/
J. Israeli (Brock) Limited).
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
October 17, 1988, with J.D.S. Investments Limited and J. Israeli (Brock) Limited,
respecting Plan 40M-1602, which Agreement requires amendment to provide for the
development of Block 10, Plan 40M-1602, 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 an Agreement in
the form attached hereto as Schedule A to amend the Subdivision
Agreement dated October 17, 1988, between J.D.S. Investments Limited
and J. Israeli (Brock) Limited and The Corporation of the Town of Pickerin
respecting Plan 40M-1602, in order to provide for the development of
Block 10, Plan 40M-]602, Picketing.
BY-LAW read a first, second and third time and finally passed this 20th day of
November, 1989.
Wayne Art/h? ~rs, Mayor
Brfce Taylor,~f
TO VV~,,~ OF'
LEGAL DEPT.
SCHEDULE A
THIS AGREEMENT made this 20th day of November, 1989.
BETWEEN:
J.D.S. INVESTMENTS LIMITED
and
J. ISRAELI (BROCK) LIMITED
herein collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner is the owner of Block 10, Plan 40M-1602, Pickering, which Block
is designated as a future development block in the Agreement dated October 17, 1988,
between the Owner and the Town, Notice of which was registered July 6, 1989, as
Instrument LT457814; and
WHEREAS, that Block may support sixteen dwelling units which may be developed
after this Agreement, amending the Agreement referred to above, has been registered
on title to that Block;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restriction on Block 10, Plan 40M-1602, Picketing, the
Owner agrees with the Town as follows:
1. The land affected by this Agreement (hereinafter called the "Block 10~) is
Block 10p Plan 40M-1602, Picketing.
2. In this Agreement, the term "Subdivision Agreement" means the Agreement
dated October 17, 1988, between the Owner and the Town, Notice of which was
registered July 6, 1989 as Instrument No. LT457814.
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 as amended hereby shall continue to apply to the
development of Block 10.
5. Prior to the registration of this Agreement, the Owner shall pay to the Town,
(a) $560, as an engineering drawing inspection fee;
(b) $46,000, unit levies, if paid in 1989;
(c) $52,000, unit levies, if paid in 1990; and
(d) $29,400, parkland contribution.
Prior to the registration of this Agreement, the Owner shall provide to the
Town an increase of $32,000 in the amount of its performance and maintenance
security.
7. Prior to the registration of this Agreement, the Owner 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 Block 10;
(b) revisions and additions to the approved Grading Control Plan to provide
for the grading of Block 10;
(c) its design planning report for Block 10;
(d) revisions and additions to the approved landscaping plan to provide for
the landscaping of Block 10;
(e) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on Block 10.
8. Despite section 26(1) of the Subdivision Agreement, no building permit shall be
issued for any building or part of a building on Block 10 until this Agreement
is registered on title to Block 10 by the Town.
9. Section 28 of the Subdivision Agreement shall not apply to dwelling units to be
erected on Block 10.
10. (1) Section 14(1) of the Subdivision Agreement is hereby amended by deleting
the word "and" from the end of clause (a) and by deleting all of clause
(b).
(2) Section 14(2) of the Subdivision Agreement is hereby amended by adding
the following:
(e) adjacent to Block 10 on the east side of Bainbridge Drive.
11. (1) Sections 33(1) and 33(4) of the Subdivision Agreement are hereby amend-
ed by deleting the number "26" from each and substituting the number
"42" for it in each.
(2) Section 33(4) is hereby further amended by deleting the amount "$100"
therefrom and substituting the amount "$150" for it.
12. Section 4 of Schedule A of the Subdivision Agreement is hereby deleted.
13. (1) Section 5(1) of Schedule A of the Subdivision Agreement is hereby delet-
ed and the following substituted for it:
(1) In the event that more than 42 units (one each on Lots 1 to 4,
two each on Lots 5 and 6, six each on Blocks 7, 8 and 9, and
sixteen on Block 10) are to be constructed in this plan pursuant
to this Agreement, as amended by agreement dated November 20,
1989, a further amendment to this Agreement shall be required.
13. (2) Section 5(2) of that Schedule is hereby amended by deleting the number
"26" therefrom and substituting the number "42" for it.
14. If not registered on or before December 31, 1990. this Agreement shall be null
and void and of no further effect and any monies paid hereunder by the Owner
to the Town shall be returned by the Town without interest,
2
IN WITNESS WHEREOF, the company comprising the Owner and the Town have here-
unto affixed their corporate seals attested to by the hands o{ their proper authorized
officers.
SIGNED, SEALED & DELIVERED
J.D.S. INVESTMENTS LIMITED
J. ISRAELI (BROCK) LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk