HomeMy WebLinkAboutBy-law 3592/90 THE CORIOORATION OF THE TOWN OF PICKERING
.3592
Being a by-law to authorize the execution of a
Subdivision Agreement Amendment respecting the
development of Part Lot 30, Concession 1, Pickering
(Bramalea Limited; 18T-82039, Phase 4))
WHEREAS the proposal to subdivide and register a plan of subdivision of that part of Lot 30,
Concession 1, Picketing, included in Draft Plan 18T-82039 has been approved by the Council of The
Corporation of the Town of Picketing and the Regional Municipality of Durham; and
WHEREAS, in furtherance thereof, The Corporation of the Town of Picketing has entered into a
Subdivision Agreement dated May 6, 1985, with Bramalea Limited, pursuant to the provisions of the
Planning Act 1983, S.O. 1983, chapter 1, section 50(6), which Agreement requires amendment in order
to penult the registration and development of the fourth phase of that plan;
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 a Subdivision Agreement Amendment,
in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing
and Bramalea L'united respecting the development of pan of Lot 30, Concession 1, Picketing
(Draft Plan 18T-$2039, Phase 4).
BY-LAW read a first, second and third time and finally passed this 19th day of November, 1990.
Wayne 37nhu~, Mayor
TOWN CF
PiCI(.ERIt'IG
AP?ROYE5
LEGAL DEPT.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3592/90
Being a by-law to authorize the execution of a
Subdivision Agreement Amendment respecting the
development of Part Lot 30, Concession 1, Pickering
(Bramalea Limited; 18T-82039, Phase 4))
WHEREAS the proposal to subdivide and register a plan of subdivision of that part of Lot 30,
Concession 1, Picketing, included in Draft Plan 18T-82039 has been approved by the Council of The
Corporation of the Town of Picketing and the Regional Municipality of Durham; and
WHEREAS, in furtherance thereof, The Corporation of the Town of Pickering has entered into a
Subdivision Agreement dated May 6, 1985, with Bramalea Limited, pursuant to the provisions of the
Planning Act 1983, S.O. 1983, chapter 1, section 50(6), which Agreement requires amendment in order
to permit the registration and development of the fourth phase of that plan;
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 a Subdivision Agreement Amendment,
in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing
and Bramalea Limited respecting the development of part of Lot 30, Concession 1, Picketing
(Draft Plan 18T-82039, Phase 4).
BY-LAW read a first, second and third time and finally passed this 19th day of November, 1990.
Wayne/~'thu~, Mayor
Bn~ce Taylor, C~rk /
SCHEDU/~ A
THIS SUBDMSION AGREEMENT AMENDMENT made November 19, 1990,
BETWEEN:
BRAMALEA LIMITED
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERR~G
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner and the Town entered into a Subdivision Agreement dated May 6, 1985, (Notice
of which was registered November 8, 1985, as Instrument No. LT250601) festering the subdivision of
that part of Lot 30, Concession I, Picketing, included in Region ofDurham Draft Plan Number
18'1'-82039; and
WHEREAS pans of that draft plan were registered on August 26, 1985, May 22, 1986, and May 22,
1986, as Plans 40M-1362, 40M-1402 and 40M-1403, Picketing, respectively; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the registration
of the fourth and last pan of that draft plan;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the Town
consenting to the registration of the fourth phase of the plan of subdivision, and the covenants
hereinafter expressed, the Parties hereto covenant and agree one with the other as follows:
1. The lands affected by this Agreement (herein called the "Lands") are Lots I to 21, both
inclusive, Plan 40M- , Picketing.
2. In this Agreement, the term "Subdivision Agreement" means the Subdivision Agreement
between the Owner and the Town dated may 6, 1985, (Notice of which was registered November
8, 1985, ns Instrument No. LT250601).
3. The Owner and the Town acknowledge and agree that they arc bound by thc terms and
conditions of the Subdivision Agreement and shall continue to he bound by it, as further
amended hereby.
4. Section 10 of the Subdivision Agreement is hereby amended by adding thereto the following:
(3) This provision shall not be construed so as to prevent the Owner from changing from
one Consulting Engineer to another at any time or times during the development and
construction of the project, so long as the Owner has a Consulting Engineer retained at
all times.
5. Section 18(1) of the Subdivision Agreement is hereby deleted and the following substituted for it:
(1) Before commencing any of the work provided for herein, the Owner shall supply the
Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in
place in a form satisfactory to the Town, naming the Town a~ an insured and
indemnifying the Town from any loss arising from clairn~ for damages, injury or
otherwise in connection with the work done by or on behaOr of the Owner in the plan of
subdivision and elsewhere.
6. Section 19(IXb) of the Subdivision Agreement is hereby amended by deleting the phrase
" sec~on 17 o~ from it.
7. Section 26(k) of the Subdivision Agreement is hereby deleted and thc following substituted for it:
(k) Snow Plowing & Salting_ o.£Roads
(i) If, in the opinion of the Director of Public Wor~, the condition of the road
surface of any road or roads in the plan is not acceptable for winter control, to
snow plow and salt that surface from any occupied buildings to existing public
roads that receive winter control service.
(ii) Such snow plowing and salting shall be done from time to time when the
Director of Public Works deems conditions warrant and until such time as the
surface is acceptable to the Director of Public Works for winter control.
8. Section 27(4) of the Subdivision Agreement is hereby deleted.
9. Section 30 of the Subdivision Agreement is hereby amended by adding thereto the following:
(6) Notwithstanding the provisions of subsections (l) to ($), above, .for Lots I to 21, both
inclusive, Plan 4OM- , the Owner shall pay to the Town a unit levy in the
amount of,
(a) $3,050 per unit if paid in 1990; or
(b) $3~250 per unit if paid in 1991,
for each dwelling unit to be erected thereon, subject to the following conditions:
(c) no building permit shall be issued for any dwelling unit unless payment of the
unit levy shall have been made in advance of the issuance of such permit with
respect to such dwelling unit;
(d) in any event, the Owner shall pay all levies payable under the provisions of this
subsection in full no later than six months from the date of registration of the
plan for the fourth phase of the plan of subdivision; and
(e) a letter from the Clerk of the Town advising that the unit levy has been paid
shall be deemed to be a release of this section for the lands referred to in the
letter.
10. (1) Section 31 of the Subdivision Agreement is hereby amended by deleting the amount
"$$97,250" from the third line and substituting the amount "$428,750" for it.
(2) Section 3 l(b) of the Subdivision Agreement is hereby deleted.
11. Scction 34 of the Subdivision Agreement is hereby deleted.
12. (1) Section l(3Xd) of Schedule C to the Subdivision Agreement is hereby deleted and
following substituted for it:
(d) Phase 4 of the plan shall be registered on or before June 30, 1991.
(2) Section l(6Xd) of Schedule C to the Subdivision Agreement is hereby deleted and the
following substituted for it:
(d) a further $68~250 prior to the registration of Phase 4.
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IN Wri'NESS WHEREOF, the parties hereto have hereunto afl'~xed their corporate seals, attested by the
hands of their authorized olT~cers.
SIGNED. SEALED & D~.LrVERED
BRAMALEA LIMITED
THE CORPORATION OF THE TOWN OF PICKER1NG
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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