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HomeMy WebLinkAboutBy-law 5015/97REPEALED BY REPEALS : AMENDED BY AMENDS DISPOSITION BY-LAW NO. 5 0 3.5/9 7 Being a by-law to authorize the execution of a Condominium Agreement respecting the development of those parts of Block E, Pickering, designated as Parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M- 1024, Pickering (Draft Plan of Condominium 18CDM- 95006; Phase 1, Eastville Holdings Limited). WHEREAS, the proposal to subdivide and register a plan of condominium on those parts of Block E, Picketing, designated as Parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M-1024, Picketing, has been approved by the Cotmcil of The Corporation of the Town of Picketing and the Regional Municipality of Durham subject to several conditions, one of which requires the entering into of a satisfactory Condominium Agreement with The Corporation of the Town of Pickering; 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 Condominium Agreement, in the form attached hereto as Schedule A, respecting the development of those parts of Block E, Picketing, designated as Parts 6, 7 and 8, Plan 49R-16324 and Blocks F and G, Plan M-1024, Picketing (Dra~ Plan of Condominium 18CDM-95006; Phase 1, Eastville Holdings Limited). BY-LAW read a fa'st, second and third time and finally passed this 20th day of Ma.., 1997. Wayne Arthurs, Mayor B~e Taylor, Clerk TOWN ()F THIS AGREEMENT made May 20, 1997, BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - EASTVILLE HOLDINGS LIMITED herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner proposes to register a plan of condominium on those parts of Block E, Picketing, designated as Parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M-1024, Pickering, in accordance with DraR Plan of Condominium 18CDM-95006 (Phase 1); and WHEREAS therefore, as a condition of the Regional Municipality of Durham's approval of that draft plan, the Owner is required to enter into an 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 is hereby acknowledged, the Parties hereto agree as follows: 1. The land and premises affected by this Agreement (herein called the "Lands") are those parts of Block E, Picketing, designated as Parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M-1024, 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 Last No___: Plan Title Plan Date Revision (a) Al Site Plan Aug. 28, 1995 Aug. 23, 1996 (b) A5 North & West Elevations Aug. 28, 1995 July 9, 1996 (c) A6 South & East Elevations Aug. 28, 1995 July 9, 1996 (d) A7 Townhouse Plans & Elevations Aug. 28, 1995 Aug. 23, ! 996 (e) A8 Townhouse Elevations Aug. 28, 1995 Aug. 23, 1996 prepared by L'lmage Design/Bob Forrest Consultants Ltd., (0 L-I Landscape Plan Aug. 28, 1995 Aug. 23, ! 996 (g) L-2 Landscape Details Aug. 28, 1995 Aug. 23, 1996 prepared by Alexander Budrevics & Associates Limited, (h) 67t85-A-! The Brockstone-Grade Aug,, 1995 July 9, 1996 ,i Control Plan (i) 67InS-A-2 The Brockstone- Aug., 1995 Aug. 23, 1996 Site Services ' fi) 67185-A-3 The Brockstone-Sediment Aug., 1995 July 9, 1996 & Erosion control Plan (k) 67185-A-4 The Brockstone-General Notes Aug., 1995 July 9, 1996 & Construction Details (!) 67185-A-5 The Brockstone-Storm Drainage Aug., 1995 July 9, 1996 Area Plan prepared by Aquafor Beech Limited. 3. The Owner shall complete and maintain, in conformity with the Plans, to the Town's satisfaction and at i 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 relating to this project, 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. i 4. Owner shall implement those portions of the recommendations set out in the report entitled "Environmental Noise Analysis, Proposed Residential Development, Pickering Mews prepared by Valcoustics Canada Ltd. and dated August 18, 1993 relating to the noise attenuation measures required for the development of this draft plan of condominium, as determined solely by the Town of Pickering. 5. The Owner shall register on title to make future occupants aware of the potential noise situation and insert the following clause in all Leasing Agreements and Offers of Purchase and Sale for all units; "Occupants are advised that despite the inclusion of noise control features in this development area and within the building units, noise levels from increasing road tra~c on l-iighway 401, Brock Road and/or the Picketing Parkway may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise exposure level may exceed the noise guidelines of the municipality and the Ministry of the Environment and Energy." "Occupants are advised that air conditioning has been installed in this dwelling unit to achieve suitable noise levels with closed windows." 6. For the purpose of guaranteeing, (a) the provision of the facilities, works or matters shown on the Plans, and (b) the maintenance of the facilities and works required to be maintained under section 3, above, (for one year after the registration of the Plan of Condominium. the Owner provided to the Town, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $109,000, which security shall apply to this Agreement and to the Site Plan Agreement between the Town and Eastville Holdings Limited dated August 26, 1996, registered as Instrument No. LT769173 and may be drawn ul~on by the Town in such amounts and at such times as the Town, in its sole discretion, deems advisab!e, should the Owner fail to provide or maintain the facilities, works or matters, as thc case may be, to the Town's satisfaction~ 7. The To.tn acknowledges receipt of the sum of $41,750 paid to the Town in full satisfaction of the ~ Owner's obligation to provide parkland for this project. :: $. The Owner agrees to provide to the Town's Director of Planning, ssadtt~m confimmlioa of the ~on ' particulars, along with a copy of the registered condominium plan inunediat~ following vegislrafion of : ~ ~n~. 9. Thia Agreement shall ChUte to the benefit of and be binding upon tl~ Parties hereto and their respective heirs, administrators, executors, aucceasors and assigns. IN WITNESS 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 TOW~ OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk EASTVILLE HOLD1NGS LIMITED Jack Winberg, Vice President I have the authority to bind the corporation. ENCUMBRANCER - ROYAL BANK OF CANADA. The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intern that this Agreement shall take effect as though executed and registered plior to the creation of any such right or interest and prior to the execution and registration of any mortgage, agreement or other document creating or defining any such fight or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the fights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement. Dated at , Ontario, this day of 1997. SIGNED, SEALED ,qND DEI. IVERED ROYAL BANK OF CANADA We have authority to bind thc Corporation. 0 © 'own of Pickering Planning Departn ~ROPERTY DESCRIPTIOK BLOCK F. G & PART OF BLOCK E, PLAN M-1024 [ / OWNER EASTVILLE HOLDINGS LTD. I DATE JAN 12/96 ] DRAWN BY RC ?L,CAT,O..o. 'BCOM-9~OOB I'SCA'E 1:7500 I C.ECKED 8. ,DBI ~ FOR DEPARTMENT USE ONLY PC-7 PA- Town of piCkering ~as~13.e HO.I.~LJ.~gs CJ.n~l, LEGAL SERVICES DEPARTMENT - 3.8c3:t~-95006 (Phase l) :