HomeMy WebLinkAboutBy-law 1667/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.1667 /83
Being a by-law to authorize the execution
of an Agreement between Bramalea Limited
and the Corporation of the Town of Picker-
lng to amend the Subdivision Agreement
dated July 6th, 1981 between Bramalea
Limited and the Town respecting the devel-
opment of Draft Plan of Subdivision
18T-79085 Revised (Plans 40M-1232 and
40M-1242)
WHEREAS the Corporation of the Town of Pickering entered into a Subdivision Agree-
ment with Bramalea Limited on July 6th, 1981 to provide for the development of Draft
Plan 18T-79085 Revised (Plans 40M-1232 and 40M-1242), which Agreement was subse-
quently amended by Agreement dated November 2nd, 1981; and
WHEREAS it is now deemed appropriate to amend the said Subdivision Agreement
further ~
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
i. The Mayor and Clerk are hereby authorized to execute an Agreement, in the
form attached hereto as Schedule "A", between Bramalea Limited and the Corpor-
ation of the Town of Pickering, to amend the Subdivision Agreement dated July
6th, 1981 between Bramalea Limited and the Corporation of the Town of Picker-
lng with respect to the development of Draft Plan 18T-79085 Revised, being
Plans 40M-1232 and 40M-1242.
BY-LAW read a first, second and third time and finally passed this 16th
May, 1983.
day of
'TOWN OF
PICKERING
APPROVED
LEGAL ~
Schedule "A" to B~;-law 1667/83
THIS AGREEMENT made in triplicate this
day of May, 1983.
BETWEEN:
BRAMALEA LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and-
CANADIAN IMPERIAL BANK OF COMMERCE
and
MADGE BOOTH
and
JOHN THOMAS WILLIAMS
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, by Subdivision Agreement dated July 6th, 1981, and registered on December
10th, 1981, as Instrument No. LT139237 between Bramalea Limited, the Town and certain
other Parties named therein, Bramalea Limited proposed to subdivide and register a
plan of subdivision of those parts of Lots 29 and 30, Concession l, Pickering, being
Ministry of Housing Draft Plan Number 18T-79085 (Revised); and
WHEREAS, part of the said plan was registered on December 10th, 1981 as Plan 40M-
1232, and the remainder of the plan was registered on June 30th, 1952 ~s Plan 40M-
1242; and
WHEREAS, by Agreement dated November 2nd, 1981, and registered on January 19th,
1982, as Instrument No. LTl40918, between the Owner herein, the Town and the Encum-
brancers, certain amendments were made to the Subdivision Agreement; and
WHEREAS, the Encumbrancers have certain rights or interests in the nature of encum-
brances relating to the lands affected hereby; and
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WHEREAS, it is deemed desirable to amend further the Subdivision Agreement in certain
respects;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two
Dollars ($2.00) paid by each Party to the other, receipt of which from each is
hereby acknowledged by each, the Parties hereto AGREE AS FOLLOWS:
1. The lands affected by this Agreement are more particularly described in Schedules
"A" and "B" hereto.
2. In this Agreement, the term,
"Subdivision Agreement" shall mean the Agreement dated July 6th, 1981 and
registered December 10th, 1981 as Instrument No. LT139237, between Bramalea
Limited, the Town and certain other Parties named there~n; and
"First Amendment Agreement" shall mean the Agreement dated November 2nd,
1981 and registered January lgth, 1982, as Instrument No. LTl40918, between
the Owner, the Town and certain other Parties named therein.
The Owner and the Encumbrancers acknowledge and agree that each of them is
bound by all the terms and provisions of the Subdivision Agreement and the
First Amendment Agreement.
4. (1)
Sections 22(1) and 22(2) of the Subdivision Agreement are hereby amended
by deleting from each the term "three hundred and seventy-one (371)", and
by substituting, in each case, the term "three hundred and seventy-two
(372)".
(2) Section 22 is hereby further amended by adding thereto the following sub-
section:
(3)
Pursuant to the provisions of section 5 of Schedule "A" hereto, the
Town has conveyed to the Owner the lands more particularly described
in Schedule "B" to the Second Amendment Agreement, upon which, in
conjunction with Blocks 111-1, 124-1 and 125-1 (Blocks lll, 124 and
125, Plan 40M-1232), the Owner hereby agrees to construct or cause to
be constructed four (4) housing units, all of which shall be com-
pleted,
(a) within two (2) years of the date of registration of the plan;
(b) as if the lots thus created were wholly included in the plan of
subdivision; and
(c) subject to the terms and conditions of this Agreement, as
amended.
5. Section 25 of the Subdivision Agreement is hereby amended by deleting therefrom
the sum "$556,500", and by substituting the sum "$564,000" therefor.
6. Section 29(2) of the Subdivision Agreement is hereby amended by deletinq there-
from the number "0.142", and by substituth~g 'Lhe number "0.il8" ti~erefor.
7. Section 7 of Schedule "A" to the Subdivision Agreement is hereby amended by
deleting therefrom the numbers "lll-l" and "125-1".
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Schedule "B" to the Subdivision Agreement is hereby deleted and the following
substituted therefor:
SCHEDULE "B"
INDUSTRIAL/COMMERCIAL COMPONENT
(1) The Owner shall construct within the Town of Pickering,
(a) industrial buildings having a total floor area of not less than
34,930.4 square metres,
(b) con~nercial buildings having a total floor area of not less than
22,409.6 square metres, or
(c)
a combination of industrial buildings and commercial buildings
having a total floor area such that, for each of the 376 residen-
tial units to be constructed pursuant to the provisions of
section 22(1) of this Agreement, there shall be 92.9 square
metres of industrial building or 59.6 square metres of commer-
cial building constructed,
and the Owner shall be entitled thereby to 376 credits upon which the
same number of residential building unit permits may be issued.
(2) The required industrial or commercial buildings shall be completed
according to the following time limits:
(a)
on or before December 31st, 1984, sufficient industrial buildings,
co~ercial buildings, or a combination thereof, to provide 222
residential building unit credits; and
(b)
on or before December 31st, 1985, sufficient industrial buildings,
'commercial buildings, or a combination thereof, to provide the
balance of the 376 residential building unit credits referred to
in subsection (1), above.
(3)
If, on the 1st day of January in any year from, after and including
1985, the required industrial or commercial buildings have not been
constructed, then commencing in 1985, the Owner shall pay annually to
the Town on the 15th day of January in each year, liquidated damages
in the amount of $350 for every existing residential unit, or part
thereof, for which a building unit credit has not been earned.
(4)
For the purpose of determining the number of residential building
unit credits arising as the result of the construction of industrial
buildings, commercial buildings, or a combination thereof, the per
unit requirements set out in clause (c) of subsection (1), above,
shall be used.
(5)
The Owner shall leave deposited with the Town, its performance secur-
ity in the amount of $658,000 to guarantee the satisfactory comple-
tion of the required industrial or commercial buildings on or before
the dates set out in subsection (2), above, and to secure the pa~nent
of any liquidated damages that may become payable under subsection
(3), above,
(6)
The Parties hereby acknowledge that the requirements set out in
subsection (1), ai)ove, relate only to the credits necessary to effect
the residential development of Lots ]-I to llO-1, inc]usive, Blocks
lll-1, ll4-1, ll5-1, ll6-1, 119-1, 120-1, 121-], 122-1 and 125-1;
Lots 1-2 to 154-2, inclusive; should the ultimate development of
other blocks be residential, further credits may, at the Town's
option, be required.
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(1)
(2)
(3)
Section l(6)(a) of Schedule "D" to the Subdivision Agreement is hereby
amended by deleting therefrom the term "two hundred and seventeen (217)"
and substituting the term "two hundred and twenty-two (222)" therefor.
Section 1(7) of Schedule "D" to the Subdivision Agreement is hereby amended
by deleting the word "and" from the end of clause (a), changing the period
at the end of clause (b) to a semi-colon, and by adding thereto the follow-
ing clause:
(c) a further $7,500 on or before July 1st, 1983.
Section 1(9) of Schedule "D" to the Subdivision Agreement is hereby amended
by deleting the word "and" from the end of clause (a), changing the period
at the end of clause (b) to a semi-colon, and by adding thereto the follow-
ing clause:
(c) a further $8,000 on or before July 1st, 1983.
(4)
(5)
Section 1 of Schedule "D" to the Subdivision Agreement is hereby amended
by adding thereto the following subsection:
(9a)
For all purposes of this Agreement, the lands described in Schedule
"B" to the Second Amendment Agreement shall be deemed to be part of
the First Phase of the plan.
Schedule "D" to the Subdivision Agreement is hereby amended by adding
thereto Map Il, attached hereto, and the following section:
2. CONSTRUCTION STAGING
(1)
It is acknowledged and agreed that the Owner may develop the
plan of subdivision in construction stages, as shown on Map
II, attached hereto.
(2)
Notwithstanding that section 1(5) of this Schedule provides that
certain sections of this Agreement take effect with respect to
any Phase upon the registration of the Plan for that Phase, in
the event that the Owner develops the Plan in accordance with
the permitted Construction Staging, the provisions of the sec-
tions set out in the following Table shall be applicable to all
Construction Stages but shall only be implemented with respect
to any Stage upon the commencement of development of that Stage.
Table
Sections 4, 5, 6, 7, 8, 9, 13, 20, 30 and 33
Schedule "A" - Sections l, 2, 3 and 6
(3)
In this section, the term "development" shall mean the con-
struction, installation, provision, or performance of any work,
works or other matter required to be constructed, installed,
provided or performed pursuant to any provision of the sections
of this Agreement set out in the Table in subsection (2), above.
10. ENCUMBRANCERS
The Encumbrancers severally agree with the Town that this Agreement shall have
priority over and take precedence over any of their rights or interests affec-
ted hereby, whether or not any such riQht or interest was established or arose
prior to the date hereof and whether or not such right or interest is set out
in or arises by virtue of any instrument or document registered on title to the
lands affected hereby, or any part of them, prior to the registration of this
Agreement.
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ll. INTERPRETATION
(1)
Whenever in this Agreement reference is made to any specific lot or block
by number, and such reference contains a hyphen (e.g. Block 277-2), the
number preceding the hyphen shall refer to the lot or block designation
and the number following the hyphen shall refer to the phase number,
(2)
Whenever in this Agreement the word "Owner" and the pronoun "it" is used,
it shall be read and construed as "Owner or Owners" and "his", "her" or
"their", respectively, and the number of the verb agreein§ therewith shall
be construed accordingly.
(3) Schedules "A" and "B" attached hereto shall form part of this Agreement.
12. TIME
Time shall be of the essence of this A§re~ment.
13.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF the said Parties have hereunto affixed their corporate seals
attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
BRAMALEA LIMITED
~eral Manager
Vice-President
THE CORPORATION OF THE IOWN OF PICKERING
Mayor
Clerk
CANADIAN IMPERIAL BANK OF COMMER£E
Per:
In the Presence of:
MADGE BOOTH
JOHN THOMAS WILLIAMS
SCHEDULE "A"
ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying
and being in the Town of Pickering, in the Regional Municipality of Durham and Prov-
ince of Ontario and being composed of,
FIRSTLY, all of Lots 1 to llO, both inclusive, and all of Blocks lll to 146, both
inclusive, according to a plan of subdivision registered in the Land Registry Office
for the Land Titles Division of Durham (No. 40) as Plan 40M-1232; and
SECONDLY, all of Lots 1 to 154, both inclusive, and all of Blocks 155 to 164, both
inclusive, according to a plan of subdivision registered in the said Office as Plan
40M-1242.
SCHEDULE "B"
ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying
and being in the Town of ?ickering, in the Regional Municipality of Durham and Prov-
ince of Ontario and being composed of,
FIRSTLY, those parts of Lot 12, Plan 221, designated as Parts 2 and 3 on a plan of
survey of record deposited in the Land Registry Office for the Registry Division of
Durham as Plan 40R-6851; and
SECONDLY, those parts of Rail Crescent, formerly Bayview Road, Plan 221, designated
as Parts 6 and 7 on the said Plan 40R-6851.
SCHEDULE "D"
MAP II
CONSTRUCTION STAGES
CONSTRUCTION STAGE BOUNDARY
WIll'
ROSEBANK
NORTH