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Home My WebLink AboutBy-law 3202/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3202 Being a by-law to authorize the execution of a Condominium Agreement respecting the develop- ment of Part Lot 21, Concession 1, Picketing, (Draft Plan 18CDM-86004) ~ (Discovery Place, Building ~A~) WHEREAS, the proposal to register a Plan of Condominium of Part Lot 21, Concession 1, Picketing (Parts 20, Z1 and 22, Plan 40R-10070) has been approved by the Council 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 Picketing; 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 Part Lot 21, Concession 1, Picketing, (Parts 20, 21 and 22, Plan 40R-10070) in accordance with Draft Plan 18CDM-8(~004 (Discov- ery Place, Building 'A'). BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. ~..::" B~uce Tayl~,, C/le'rk TOWN OF PICKERING APPI 0V£D LEGAL O E~::. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3202 /89 Being a by-law to authorize the execution of a Condominium Agreement respecting the develop- ment of Part Lot 21, Concession 1, Pickering, (Draft Plan 18CDM-86004); (Discovery Place, Building 'A') WHEREAS, the proposal to register a Plan of Condominium of Part Lot 21, Concession l, Picketing (Parts Z0, Z1 and Z2, Plan 40R-10070) has been approved by the Council of The Corporation of the Town of Pickering 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 Picketing; 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 Part Lot 21, Concession 1, Pickering, (Parts 20, 21 and 22, Plan 40R-10070) in accordance with Draft Plan 18CDM-86004 (Discov- ery Place, Building 'A'). BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. B~uce Tayl~F;, ClcZrk TOWN OF PICKERING APPROVED LEGAL DFC. Schedule A TtllS AGREEMENT made this 19th day of June, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - DISCOVERY PLACE LIMITED herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner proposes to register a plan of condominium on that part of Lot 21, Concession 1, Picketing, designated as Parts 20, 21 and 22, Plan 40R-10070, in accordance with Draft Plan of Condominium 18CDM-86004; and WHEREAS, as a condition of the Regional Municipality of Durham's approval of that draft plan, the Owner is required to enter into an Agreement pursuant to section 50(6) of the Planning Act, 1983, S.O. 1983, c.1, with the Town dealing with and ensuring continued compliance with certain plans and drawings respecting the pro}ect; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the sum of St.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 that part of Lot 21, Concession 1, Picketing, designated as Parts 20, 21 and 22, Plan 40R-10070. · 2. No use shall be made of the Lands, or of any building or structure thereon, and no development, as defined in section 40 of the Planning Act 1983, S.O. 1983, c.1, 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 Revised (a) L1 Grading Plan October. 1988 Feb. 3. 1989 Building 'A' (b) L2 Planting Plan October, 1988 Jan. 16, 1989 Building 'A' (c) L3 Lighting and Irrigation Plan October, 1988 Jan. 16, 1989 Building 'A' (d) L-4 Layout Plan October, 1988 Jan. 16, 1989 Building 'A' (e) b-4a Walls, Columns and Metal Fence November, 1988 Jan. 16, 1989 Building 'A' (f) L-4b Walls, Columns and Metal Fence November, 1988 Nov. 30, 1989 Building 'A' (g) L5 Upper Terrace Layout Plan April, 1987 Nov. 30, 1988 Building 'A' (h) L6 Pool Terrace Layout and Grading Plan April, 1987 Nov. 28, 1988 Building 'A' (i) L7 Pool Terrace Planting Plan April, 1987 Nov. 28, 1988 Building 'A' (j) L8 Details April, 1987 Nov. 28, 1988 Building 'A' (k) L9 Details April, 1987 Nov. 28, 1988 Building (1) L10 Details April, 1987 Not Revised Building 'A' (m) Lll Plant List and Details January, 1987 Nov. 28, 1988 Building 'A' (n) L-12 Wall and Column Details November, 1988 Jan. 16, 1989 Building 'A' (o) L-13 Swimming Pool October, 1988 Nov. 30, 1988 Building 'A' (p) A-2 Level A (1st Level u/g) Jan., 9, 1987 Feb. 4, 1987 (q) A-3 Level B (2nd level u/g) Jan., 9, 1987 Feb. 4, 1987 (r) Al4 Elevation March 23, 1987 June 4, 1987 Building 'A~ (s) AlS Elevation March 23, 1987 June 4, 1987 Building (t) Al6 Elevation and Cross March 23, 1987 June 4, 1987 Section Building 'A' (u) A23 Gatehouse March 23, 1987 June 4, 1987 Building 'A' The plans referred to in items (a) to (o) having been prepared by Rafael, Burka Architects and Milus Bollenberghe Topps Watchorn Landscape Architects and the plans referred to in Items (p) to (u) having been prepared by Raiael, Burka Architects. 3. The Owner shall maintain, in conformity with the Plans, to the Town's satisfac- tion And at the sole risk and expense of the Owner, all of the facilities and works that are both showh 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 walk- ways on or adjacent to the Lands. 4. For the purpose of guaranteeing, (a) the provision of the facilities, works or matters shown on the Plans, and (b) the maintenance (for one year after the registration of the Plan of Condo- minium) of the facilities and works required to be maintained under section 3, above, - Z - the Owner shall provide to the Town, prior to the registration of the Plan of Condominium, a security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $100,000, and in a form satisfac- tory to the Town, which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advis- able, should the Owner fail to provide or maintain the facilities, works or matters, as the case may be, to the Town's satisfaction. 5. Schedule A hereto shall form par~ of this Agreement. 6. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly attested by their respective authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor B~ucg Taylor, Clerk DISCOVERY PLACE LIMITED -3- ENCUMBRANCER - CANADA TRUSTCO MORTGAGE COMPANY This Agreement shall have priority over and take precedence over all of Canada Trustco Mortgage Company's rights or interests, 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 affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of , 198(}. SIGNED, SEALED & DELIVERED CANADA TRUSTCO MORTGAGE COMPANY ENCUMBRANCER - THE MORTGAGE INSURANCE COMPANY OF CANADA This Agreement shall have priority over and take precedence over all of The Mortgage Insurance Company of Canada's rights or interests, 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 affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of , 1989. SIGNED, SEALED & DELIVERED THE MORTGAGE INSURANCE COMPANY OF CANADA -3- SCHEDULE A 1. SPECIAL PROVISIONS REQUIRED BY THE COMMISSIONER OF PLANNING OF THE REGIONAL MUNICIPALITY OF DURHAM The section set out in this Schedule represents provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval, dated March 29, 1~)88, of Draft Plan 18CDM-86004 by the Commissioner of Planning of the Regional Municipality of Durham. Z. MINISTRY OF THE ENVIRONMENT ("M.O.E.") M. O.E. requires that, (a) the Owner implement the noise control measures as recommended in the acoustical report as required in Condition 5 of the approval dated March 29, 1988, of this plan by the Commissioner, and (b) the Owner insert the following clause in the sale and purchase agreement for each condominium unit: The Purchaser specifically acknowledges and agrees that the Condominium will be developed in accordance with any requirements that may be imposed, from time to time, by any of the Governmental Authorities, and that the possible proximity of the Condominium to a major arterial roadway, a railway line and/or an airport flight path may result in the noise exposure level affecting the Lands exceeding the noise criteria established by the Governmental Authorities, and that despite the inclusion of noise control features within the Condominium, noise levels from any of the aforementioned sources may continue to be of concern, occasionally interfering with some activities of the dwelling occupants in the Condominium. The Purchaser nevertheless agrees to complete this transaction in accordance with the terms hereof, notwithstanding the existence of such potential noise concerns, and the Purchaser further acknowledges and agrees that a noise-warning clause similar to the preceding sentence (subject to amendment or enlargement by an}, wording or text recommended by the Vendor's noise consultants or by an}, of the 'Governmental Authorities, may be registered on title to the Lands on the Closing Date, if, in fact, same is required by any of the Governmental Authorities. A-1 2 2. DRAFT PLAN OF CONDOMINIUM 18-CDM-B600¢ SUBMITTED BY. DISCOVERY PLACE LIMITED ON THE SOUTHWEST CORNER OF KINGSTON ROAD AND VALLEY FARM ROAD FILE NUMBER - B 2232 - 18-CDM-86004 That Town Council recommend to Regional Council that Draft Plan of Condominium 18CDM-86004 submitted by J.M. Pastushak Limited, on behalf of the owner, Discovery Place Limited, ! on lands being Part of Lot 21, Concession l, Town of Pickering, be APPROVED subject to the following conditions being fulftlle~o final registration of this Plan: il) That the applicant submit a Draft Durham Condominium Plan to be approved by the Town Planning Department. (2) That all of the general on-site works including landscaping, fencing, lighting and surface treatment to complete to the satisfaction of the Town's P1 arming Department. (3) That the applicant's professional engineer provide a certificate stating that the surface and below grade parking facilities and internal roads have been constructed in accordance with the standards and specifications of the approved site plan. (4) That the Town Building and Fire Departments confirm, through a final inspection, that the development complies with the Ontario Building Code and the Ontario Fire Code. (5) That the applicant enter into an appropriate condominium agreement with and to the satisfaction of the Town of Pickering which shall include, but not necessarily be limited to, requirements respecting: (al the continued compliance of the subject property with the Town approved site plan; (b) co-operation with the Town in such areas as refuse collection, snob storage, driveway entrance maintenance and fence maintenance. COUNCIL JAN l! March 29, DURHAM RECEIVED The Reglona! MunloIDallty O! Durham Mr. T. Magi . M.q.q 30 1988 Planning P1 anning Dt rector SoLtC%TOR Department Town of PI ckert ng .~ .~,,, (~; ptGKERlflG_ !~ _P~NNINGTOWN OF P:CK:RING eoxe23 1305 Picketing Pkwy. OfaAaTa~N~ 105 Consumers Dr. 2lld Floor Canadl L1N EA~ Pi ckert ng, 0nra ri o (415) e.~??=l L1V 3P2 DR. M. R, MICHAEL, M.O. LP. Commissioner 04 Pl~,nnl~g Oear S i r: Re: Proposed Plan of Condominium Region of Durham File: 18CDM-86004/Also Quote Ref. No.: 5614 Owner: Discovery Place Limited Cross Ref.: ' 0PA 86-27, By-1 aw 2349/87 Municipality: Town of Ptckertng The above draft plan of condominium was approved today subject to the conditions attached herewith. A copy of the draft approved plan bearing the approval signature is also attached foK your record. Please inform us when the applicant has met those conditions pertaining to the requirements of your municipality. It should be noted that we require a brief but complete statement indicating how each of the conditions, with which your municipality is concerned, has been satisfied. Your letter of clearance should be addressed to the undersigned with copy sent to the Clerk of the Regional Municipality of 0urham at 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, LIN 6A3. Yours very truly, Franklin Wu, Manager Current Operations Branch. :SEE2/jad Encls.Conditions of Approval Draft Approved Plan Attachment to ~etter date'' larch 29, 1988 From: Dr. M. Michael, Commissioner of Planning [o: Discovery Place Limited Re: Plan of Condominium 1BCOM-86004 Town of Picketing CO~ITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF CONOOMINIUM ARE AS FOLLOWS: ~ That this approval applies to draft plan of condominium 18COM-86004, prepared by I.M. Pastushak Limited, identified as reference number P87-L5 and dated May 6, 1987, shewtng 237 apartment dwelling units. That prior to final approval of the plan, the owner shall satisfy ali requirements, financial and otherwise of the Town of Picketing. This would include execution of any necessary agreement(s) between the owner and the Town concerning the provision and installation of roads, services and drainage, and other matters. 3. That prior to ftnal approval'of the plan, the owner sba11 satisfy all requirements, financial and otherwise, of the Region of Durham. This shall tnclude, among the execution of any necessary agreement(s) between the owner and the Region of Durham concerning metering changes and the maintenance of unobstructed access by Regional personnel to existing water meters. 4. That prior to final approval, the owner shall submit-for approval of the Ministry of Transportation a drainage plan showing the intended treatment of the calculated run off. (~ That the owner shall submit to the Ministry of the Environment and the Town of Picketing a noise study recommending noise control features. That the condominium agreement between the owner and the Town of Picketing shall contain, among other matters the following provisions: (ag The owner agrees to implement the noise control measures as recQmended by the acoustical report as required in Condition 5. (b) The owner agrees to insert the following clause in the sale and purchase agreement for each condominium unit: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants.' 7. That prior to final approval, the Coam, isstoner of Planning for the Region of Durham, shall be advised in writing by: ~:~.~.~:.~ (al the Town of Picketing, how conditions ~, 2, 5 and 6 have ~:',',.:-;:.'-~-: been satisfied. ' .... (b) The Ministry of Transportation, how condition 4 has been " satisfied. (c) the Ministry of the Environment, how conditions 5 and & have been satisfied. NOTES TO DRAFT APPROVAL 1. As owner of the proposed condominium, it is in your interest · :~ as well as your responsibility to satisfy all conditions of :~:F:~.~::~:~ approval in an expeditious manner. 2. All plans of condominium must be registered in the land titles system within the Ourham Region. i-= The Town of Pickerin~ LEGAL DEPARTMENT ~'~- - Site Plan ^greement ($ 5/87) Releas~ ~ ~~ , 1~ - Condominium Agreement - 18CDM-86004