HomeMy WebLinkAboutBy-law 4560/95 THE CORPORATION OF THE TOWN OF P1CKERING
BY-LAW NO. 4560/95
Being a by-law to authorize the execution of a
Condominium Agreement respecting Blocks 7, 8, 9 and
]0. Plan 40M-1231, Pickering. [Village at the Pines
Inc. ,' ] 8CDM94-1].
WHEREAS a condominium application made under the Rental Housing Protection Act, R.S.O. 1990,
chapter R.24, by Pickering Place Apartments Ltd. on behalf of Village at the Pines Inc. has been
approved by the Council of The Corporation of the Town of Pickering, subject to a condition requiring
that Village at the Pines Inc. enter into a condominium agreement with The Corporation of the Town of
Pickering, pursuant to the provisions of subsection 50(2) of the Condominium Act, R.S.O. 1990, chapter
C.26 and subsection 51(6) of the Planning Act, R.S.O. 1990, chapter P.13;
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 a Condominium Agreement in the form
attached hereto as Schedule A, between Village at the Pines Inc. and The Corporation of the
Town of Pickering, respecting Blocks 7, 8, 9 and 10, Plan 40M-1231, Pickering.
BY-LAW read a first, second and third time and finally passed this 6th day of February, 1995.
ne ~
Bruce Taylor, Clerk
TOWN OF
PICKERING
APPROVED
AS TO FO; M
LEGAL DEPT.
Schedule A
THIS CONDOMINIUM AGREEMENT made November 11, 1994, pursuant to the provisions of subsection
50(2) of the Condominium Act, R.S.O. 1990, chapter C.26, and subsection 51(6) of the Planning Act, R.S.O.
1990, chapter P.13,
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
VILLAGE AT THE PINES [NC,
herein called the "Owner"
OF THE SECOND PART.
- and -
THE MUTUAL TRUST COMPANY
herein called the "Encumbrancer"
OF THE THIRD PART.
WHEREAS the Owner proposes to register a plan of condominium on Blocks 7, 8, 9 and 10, Plan 40M-1231,
Picketing, known as 1525 and 1535 Diefenbaker Court and 1530 and 1540 Picketing Parkway, Picketing,
Ontario, which plan of condominium results from the approval by the Town of a condominium conversion
application under the Rental Housing Protection Act, R.S.O. 1990, chapter R.24; and
WHEREAS, as a condition of the Town's approval of the plan of condominium imposed under the provisions of
the Condominium Act and of the Planning Act, the Owner is required to enter into a Condominium Agreement
with the Town dealing with and ensuring continued compliance with certain plans and drawings respecting the
project;
NOW THEREFORE THIS AGREEMENT W1TNESSETH, that in consideration of the sum of $2.00 now paid
by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows:
1. The land and premises affected by this Agreement (herein called the "Lands") are Blocks 7.8.9 and 10,
Plan 40M- 1231, Picketing.
2. No use shall be made of the Lands, or of any building or structure thereon, and no development, as
defined in section 41 of the Planning Act, R.S.O. 1990, chapter P.13, shall be undertaken on the Lands
except in conformity with this Agreement and with the following plans and drawings (herein collectively
called the "Plans"):
Plan No. Plan Title Plan Date Last Revision
(a) A 1 Site Plan Oct. 19/94 unrevised
prepared by Burka Architects Inc.,
Plan No. Plan Title Plan Date Last Revision
(b) L 1 Master plan Oct. 24/94 Nov. 4/94
(c) L-1A Landscape Improvements Aug. 5/94 Oct. 20/94
(d) L2 Plan Details Oct. 20/94 unrevised
(e) L3 Details Oct. 20/94 unrevised
prepared by NAK Design Group.
3. The Owner shall complete and maintain, in conformity with the Plans, to the Town's satisfaction and at
the sole risk and expense of the Owner, all of the facilities and works that are both shown on the Plans
and serve or are located on the Lands, and shall ensure the timely removal of garbage and refuse from
the Lands and of snow from access ramps, driveways, parking and loading areas and walkways on or
adjacent to the Lands.
4. This Agreement shall have priority over, and take precedence over any rights or interests of the
Encumbrancer affected hereby, whether or not any such right 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, or any part thereof, prior to the registration of
this Agreement.
5. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective
heirs, administrators, executors, successors and assigns.
IN WllgqESS WHEREOF the Parties herein have hereunto affixed their respective corporate seals, attested to
by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
VILLAGE AT THE PINES INC.
Robert Steubing, President
I have the authority to bind the Corporation.
THE MUTUAL TRUST COMPANY
I have the authority to bind the Corporation
2
J.D,S. Investments Linlited
~e To~¥1] of J~ickeri~]g - Blocks 7, 8, 9 and 10, Plan 40M-1231
LEGAL SERVICES DEPARTI~ENT - Cr>rl;~in.i.~lltl ac~ool~_~t