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Home My WebLink AboutBy-law 5016/97 REPEALED BY , REPEALS _ ; AMENDED BY , AMENDS DISPOSITION THE CORPORATION OF THE TOWN OF PICKERIN~ BY:LAW NQ. 5016/97 Being a by.law to authorize the execution of a i~ 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- 96001; Phase 2, Eastviile Holdings Limited). WHEREAS, the proposal to subdivide and register a plan of condominium on ~ose parts of Block E, Picketing, designated as Parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, ?la~ M-1024, Picketing, has been approved by the Council of The Co~oration of the Town of Picke~ring and the Regional Municipality of Durham subject to several conditions, one of which requires t~ entering into of a satisfactory Condominium Agreement with The Corporation of the Town of Pickerimg; NOW THEREFORE, the Council of the Corporation of the Town of Pickering FIEREBY 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 0fBlock E, Picketing, designated as Parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M-1024, Picketing (Draft Plan of Condominium 18CDM-96001; Phase 2, Eastville Holdings Li~nited). BY-LAW read a first, second and third time and finally passed this 20th day of May, 1997. Wayne Arthurs, Mayor TOWN OF ' k PlCKERING THIS AGREEMENT made May 20, 1997, BETWEEN: THE CORPORATi[0N OF THE TOW~ OF PIC~ERINO herein called the "Town" OF THE FIRST PART, 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, Pickering, designated as parts 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M-1024, Picketing, in accordance with Draft Plan of Condominium i 8CDM-95006 (Phase 2); 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 WI'INESSE'Ftt, 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, Piekering, designated as Par~s 6, 7 and 8, Plan 40R-16324 and Blocks F and G, Plan M-1024, Picketing. 2. N° 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 ,~ct 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, t996 (c) A6 South & East Elevations Aug. 28, 1995 July 9, 1996 (d) A7 Townhouse Plans & Elevations Aug. 28, 1995 Aug. 23, 1996 (e) A8 Townhouse Elevations Aug. 28, 1995 Aug. 23, 1996 prepared by L'lmage Design/Bob Forrest Consultants Ltd., (0 L- 1 Landscape Plan Aug. 28, 1995 Aug. 23, 1996 (g) L-2 Landscape Details Aug. 28, 1995 Aug. 23, 1996 prepared by Alexander Budrevics & Associates Limited, (h) 67185-A-1 The Brockstone-Grade Aug., 1995 July 9, 1996 Control Plan (i) 67185-A-2 The Brockstone- Aug., 1995 Aug. 23, 1996 Site Services (j) 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 (I) 67185oA-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 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. 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 Picketing. 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 ail 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 traffic on Highway 401, Brock Road and/or the Pickering Parkway may continue to be of concern, occasionally interJ&ring 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 shail 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 upon by the Town in such amounts and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to provide or maintain the facilities, works or matters, as the case may be, to the Town's satisfaction. 7. The ~own 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. 8. The Owner agrees to provide to the Town's Director of Planning, written confirmation of the registration particulars, along with a copy of the registered condominium plan immediately following registration of same. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assisns, 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 TOWN OF PICKER. lNG Wayne Arthurs, Mayor Bruce Taylor, Clerk EASTVILLE HOLDINGS LIMITED Jack Winberg, Vice President 1 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 intent that this Agreement shall take effect as though executed and registered prior to the creation of any such fight or interest and pfior to the execution and registration of any mortgage, agreement or other document creating or defining any such right 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 priofity 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 fight, 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 AND DELIVERED ROYAL BANK OF CANADA We have authority to bind the Corporation. ~oWn of Picke}ing .... Planning Departn RORTY DESCRiPTiON BLOCK F, G & PART OF BLOCK E, PLAN M-1024 O~E~ EAST~LLE HOLDINGS LTD. D~TE JAN 12/'96 ~PPLICATION NO. 180DM-95006 I' ~CALE 1:7500 ~ CHECKED BY IDB ~OR DEPA.TMENT USE ONlY PC-? i The Town of Pickerlng ~m~e ~s ~ LEGAL SER~C~ DEPARTMENT - ~9~oo~ (~ 2)