HomeMy WebLinkAboutBy-law 920/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 920/78
Being a by-law to authorize the execution
of an Agreement between Bramalea Limited
and the Corporation of the Town of Pickering
to amend a Subdivision Agreement dated
December 17th, 1973 between the Corporation
of the Township of Pickering and Bramalea
Consolidated Developments Limited respecting
the development of Registered Plans M-1057,
M-1058 and M-1059.
WHEREAS the Corporation of the Township (now Town) of
Pickering entered into a Subdivision Agreement with Bramalea
Consolidated Developments Limited (now Bramalea Limited) on
December 17th, 1973 to provide for the development of Regis-
tered Plans M-1057, M-1058 and M-1059;
AND WHEREAS the Corporation of the Town of Pickering and
Bramalea Consolidated Developments Limited (now Bramalea
Limited) entered into an Agreement dated June 23rd, 1975 to
amend the said Subdivision Agreement;
AND WHEREAS the Corporation of the Town of Pickering and
Bramalea Limited entered into an Agreement dated November 15th,
1976 to further amend the said Subdivision Agreement;
AND WHEREAS it is now deemed appropriate to further amend
the said Subdivision Agreement;
NOW THEREFORE the Council of the Corporation of the Town
of Pickering 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 the Subdivision Agreement dated December
17th, 1973 between the Corporation of the Township
(now Town) of Pickering and Bramalea Consolidated
Developments Limited (now Bramalea Limited) with re-
spect to Registered Plans M-1057, M-1058 and M-1059.
BY-LAW read a first, second and third time and finally passed
this 11th day of December, 1978.
Ma or ?cti g)
Clerk
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SCHEDULE "A"
I
THIS AGREEMENT made this day of , 1978.
BETWEEN:
BRAMALEA LIMITED
hereinafter referred to as the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE SECOND PART.
WHEREAS, by Agreement dated December 17th, 1973, made
between Bramalea Consolidated Developments Limited and the
Corporation of the Township of Pickering (hereinafter referred
to as the "Subdivision Agreement") the Owner proposed to sub-
divide and register a plan of subdivision of part of Lot Num-
ber 28, Concession 1, of the Township (now Town) of Pickering
upon and subject to the terms and conditions therein contained;
AND WHEREAS the name of Bramalea Consolidated Developments
Limited was changed to Bramalea Limited by Article of Amendment
registered in the Land Titles Office of the Registry Division
of Durham on June 7th, 1976, as Number LTD 21328;
AND WHEREAS the Town is successor to the Corporation of
the Township of Pickering pursuant to The Regional Municipality
of Durham Act, 1973;
AND WHEREAS by an Agreement dated-June 23rd, 1975 made
between the owner and the Town (hereinafter referred to as
the "First Amending Agreement") the Subdivision Agreement was
amended upon and subject to the terms and conditions therein
contained;
AND WHEREAS by an Agreement dated November 15th, 1976,
made between the Owner and the Town (herein referred to as
the "Second Amending Agreement") the First Amending Agreement
was revoked and the Subdivision Agreement was further amended
upon and subject to the terms and conditions therein contained;
AND WHEREAS the parties hereto are desirous of further
amending the Subdivision Agreement and the Amending Agreements
upon and subject to the terms and conditions therein contained;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consider-
ation of the premises and of the mutual covenants and agree-
ments herein contained, the parties hereto hereby covenant and
agree each with the other as follows:
-2-
1. The second paragraph of subsection (a) of section 12 of
the Subdivision Agreement is hereby amended by deleting
the last sentence thereof and by substituting the follow-
ing therefor:
In any event, the Owner shall pay in full, all levies
due under the provisions of this paragraph, except
those relating to Lots 255, 256, 257, 258, 404, 405,
406, 407 and 408, and all development blocks, no later
than 4 years from the date of registration of the plan.
Levies relating to Lots 255, 256, 257 and 258 shall be
payable prior to the issuance of building permits
therefor.
Levies relating to Lots 404, 405, 406, 407 and 408
shall be payable prior to the issuance of building per-
mits therefor and no later than twelve months after
the registration of Draft Plan 18T-77127 or any suc-
cessor thereto.
Levies relating to development blocks shall be payable
prior to the issuance of building permits therefor and/
or as required by any Development Agreement or Agree-
ments relating to those blocks or any of them.
2. (a) Section 4 of Schedule "C" of the Subdivision
Agreement, as amended by section 4 of the
Second Amending Agreement, is hereby amended
by deleting "2.334" after "dedicating" in
the sixth line and substituting 112.995"
therefor.
(b) The said section is further amended by delet-
ing the last sentence thereof and by substi-
tuting the following therefor:
The Owner shall be credited with such excess
dedication upon the future development of Blocks
A and L on Plan M-1057 and Blocks R, V and Z on
Plan M-1058, subject to adjustment if the park
requirements for those Blocks are not equal to a
total of 2.995 acres.
"Present requirements" in this section means
the park dedication required as a result of
the development of Lots 1-446, inclusive,
and Block W, as designated on the final plans
herein.
3. Section 5 of Schedule "C" of the Subdivision Agreement,
as remade by subsection (b) of section 6 of the Second
Amending Agreement, is hereby revoked and the follow-
ing substituted therefor:
5. (1) The Owner agrees that it shall cause to
be constructed within the Town of Pick-
ering, industrial/commercial buildings
having a total floor area of not less
than 595,000 square feet and that based
on the Town's 40 (industrial/commercial)
- 60 (residential) ratio, the Owner is
entitled to 595 credits upon which the
same number of building permits may be
issued in accordance with the terms of
this Agreement.
- 3 -
(2) The Owner further agrees that the following
shall be the timetable for completion of
the said 595,000 square feet:
(a) 200,000 square feet to be completed
on or before December 31st, 1977;
(b) 200,000 square feet to be completed
on or before December 31st, 1978;
(c) 175,000 square feet to be completed
on or before December 31st, 1979;
(d) 6,000 square feet to be completed
on or before December 31st, 1980;
(e) 4,000 square feet to be completed
on or before December 31st in the
second calendar year in which the
first building permit for any of
Lots 255-258, Plan M-1058, inclusive,
is issued; and
(f) 10,000 square feet to be completed
on or before December 31st in the
second calendar year following the
calendar year in which the first building
permit for any of Lots 404-408, Plan M-1059,
inclusive, is issued.
(3) The Owner agrees that if at the end of any
year the required square footage has not been
constructed as provided for above, then the
Owner shall pay to the Town liquidated damages
in an amount equal to the amount of realty
taxes that would have been payable calculated
in accordance with the assessment and tax rate
of the Town in effect at the time of default,
as if the required square footage had in fact
been constructed. For the purposes of this
provision, a), b), c), d), e) and f) above
shall be treated separately and liquidated
damages shall be payable on each phase should
default occur in any or all of them.
(4) The owner shall leave deposited with the
Town, its Performance Guarantee in the amount
of $600,000 to guarantee the satisfactory
completion of the required square feet on or
before the respective dates set out above,
and to secure the payment of any liquidated
damages that may become payable under (3)
above.
(5) The Owner may, from time to time, apply for
a reduction in the Performance Guarantee
referred to in subsection (4) as industrial/
commercial buildings are completed, such
application being made to the Town Manager,
and such reduction may be granted by him
upon written verification from the Director
of Public Works that such buildings are
complete, provided such reduction shall not
reduce the amount of the security to any
amount less than 108 of the original value.
- 4 -
4. Section 9 of Schedule "C" of the Subdivision Agreement
is hereby revoked and the following substituted there-
for:
9. The Owner agrees that Block P, Plan M-1057,
shall be dedicated to the Town as a public
walkway.
5. Section 11 of Schedule "C" of the Subdivision Agreement,
as amended by clause (ii) of subsection (b) of section
6 of the Second Amending Agreement, is hereby revoked
and the following substituted therefor:
11. (a) The Owner agrees that Blocks A and L
on Plan M-1057 and Blocks R, V and Z
on Plan M-1058, shall be held by it
for future development and shall be
developed only after an appropriate
Site Plan Agreement, Subdivision
Agreement, or both, have been entered
into with the Town and registered on
title.
(b) No secondary planning shall be re-
quired by the Town prior to the dev-
elopment of the Blocks referred to
in subsection (a).
6. Section 18 of Schedule "C" of the Subdivision Agreement,
as made by clause (iii) of subsection (b) of section 6
of the Second Amending Agreement, is hereby amended by
deleting the period after the word "provided" in the
fourth line, and by adding thereto the following:
, pursuant to the terms and conditions of a Subdivi-
sion Agreement to be entered into between the Owner
and the Town respecting the development of the lands
included in Draft Plan 18T-77127.
7. This Agreement shall enure to the benefit of and be bind-
ing upon the parties hereto and their respective succes-
sors and assigns.
IN WITNESS WHEREOF the parties hereto have hereto affixed
their corporate seals attested by the hands of their officers
duly authorized in that behalf.
BRAMALEA LIMITED
r Vice-President
Vice-President
THE CORPORATION OF THE TOWN OF PICHERING
Mayor
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