HomeMy WebLinkAboutBy-law 5123/97 REPEALED BY .~
REPEALS .
AMENDED BY ,
r
AMENDS
DISPOSITION
THE CORPORATIO~ OF THE TOW~ 0F
By-LAW NO. 5123/97
Being a by-law to authorize the execution of a Condominium
· ~greement respecting the development of those parts of Lots 1
and 2, Plan 228, Picketing designated as Parts 1, 2 and 3,
Plan 40R-XX3QOL, (Phase 2 of Draft Plan of Condominium
18CDM.96003; The Gates of Picketing Inc.).
WHEREAS, the proposal to subdivide and register a plan of condominium on those parts of Lots I and 2, Plan
228, Picketing designated as Parts 1, 2 and 3, Plan 40R-XXXXX, 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;
AND WHEREAS the parties hereto are entering into this agreement for the purpose of developing Phase Two
only;
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, substantially in
accordance with the form at, ached hereto as Schedule A, respecting the development of those parts of
Lots I and 2, Plan 228, Pickering designated as Parts 1, 2 and 3, Plan 40R-XXXXX, (Phase 2 of Draft
Plan of Condominium l 8CDM-96003 (The Gates of Pickering Inc.)).
BY-LAW read a first, second and third time and finally passed this 6th day of October, 1997.
B~Wayne Arthurs,clerkMayor
herein called the "Town"
OF THE FIRST PART,
-and-
THE GATES OF PICKERING INC.
herein called the "Owner"
OF THE SECOI~D PART.
WHEREAS the Owner proposes to register a plan of condominium on those parts of Lot 1 and 2, Plan 228,
Picketing, designated as Parts 1, 2 and 3, Plan 40R~XXXXX, in accordance with Draft Plan of Condominium
18CDM-96003 (Phase 2);
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 with the Town dealing with and ensuring continued compliance
with certain plans and drawings respecting the project;
NOW THEREFORE THIS AGREEMENT WITNESSETH, 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 Lots 1
and 2, Plan 228, Pickering, designated as Parts 1, 2 and 3, Plan 40R-XXXXX.
2. No uae shall he 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 Re~ ~sion
(a) Al Site Plan February 9, 1995 not revised
(b) A2 Building Elevations February 9, 1995 not revised
(¢) A3 Building Elevations February 9, 1995 not revised
(d) A4 Building Elevations February 9, 1995 not revised
prepared by Ferdinand Wagner Architect,
(e) LI Landscape Layout April 1994 Feb. 10, 1995
(f} L2 Planting Plan April 1994 Feb. 10, 1995
(g) L3 Elevations April 1994 Feb. 10, 1995
{h) L4 Fencing Details April 1994 Jan. 23, 1995
::: ~(i) L5 Details April 1994 Jan. 23, 1995
M~y 1994 Feb. 24, t905
May 1994 not r~-vi~:l
i~iii 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 OTM, all of the facilities and works that are both shown on the Plans
~: and serve Or are located on the Lands relating to Phase 2, 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. The Owner shall implement those portions of the recommendations set out in the report entitled
"Detailed Noise Control Study Report No. W94-17" prepared by S.S. Wilson and Associates and dated
May 31, 1994 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 and insert the following clause in ail Development Agreements and
Offers of Purchase and Sale or Lease for Units 1-20;
"Purchasers/tenants are advised that despite the inclusion of noise control
features within this development area and within the building units, sound levels
from increasing road traj~c on Kingston Road (Hwy. 2) and Altona Road may
continue to be of concern, occasionally interfering with some activities of the
dwelling occupants as the sound level exceeds the Municipality's and the
Ministry of the EnOironment and Energy
6. The Owner shall register on title and insert the following clause in all Development Agreements and
Offers of Purchase and Sale or Lease for Units 1-20;
*'This &veiling is fitted with a forced air heating system and the fan, ducts, etc.
are sized to accommodate the installation ora central air conditioning system if
it is found necessary by the o~'ner/occupant at an), time in the future. If the air
conditioning is to be provided at a later date. the outdoor unit shall not have a
Sound Rating greater than 6.8 Bels and tnust be located in a noise insensitive
location. The final installation shall meet the Ministry of the Environment and
Energy criteria in Publication NPC-116
7. The Town acknowledges receipt of the stun of $39.200 paid to the Town in full satisfaction of the
owner's obligation to provide parkland for both Phases I and 11.
8. 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 for Phase 2),
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 $462,151.00, which security shall apply to this agreement
and to the Site Plan Agreement between the Town and Tl'~e Gates of Pickering Inc., 292145 Ontario
Limited, 1051943 Ontario Limited, Jerry Coughlan and Steve Wagner, dated March 17, 1995, registered
as Instrument No. D450748 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.
9. 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
10. ~rTl~s Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective
heirs, administrators, executors, successors and a~signs.
IN WITNESS WHEREOF the Parties herein have hereunto affixed their r~spective corporate seals, attested to
by the hands of their proper authodzed officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE GATES OF PICKERING INC.
Steve Wagner, Secretary-Treasurer
I have the authority to bind the Corporation.
ENCUMBRANCER - THE BANK OF NOVA SCOTIA
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 right or interest
and prior 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 priority over the rights of the
Encumbraneer in the Lands with the intent thai 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 AND DELIVERED
THE BANK OF NOVA SCOTIA
: ::: We have authority to bind the Corporation.
Town of Picketing Planning Department
Pno~'Em-,f DESCmPTtON PA~T OF LOTS I & 2, PLAN 228
~ THE GATE~ OF PICKERING INC. OATE OCTll/96 t OR~W~' RC
1~ CDM 9E-00~ SCALE 1:7500 I
CHECKE~ 6¥
IDB
~0~ ~E~AmtaENr USE ONt,¥ PC-~ PA-
The Gates of Picketing Inc. (PhaSe
I8CDM-96003
- Condominium Agreei~nt