HomeMy WebLinkAboutBy-law 4893/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4893/96
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
those parts of Lots 1 and 2, Plan 228, designated as Parts
1, 2, 3, 4, 5, 6, 7, 8 and 9, Plan 40R-XXXX~, Pickering
(Phase 1 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 1 and
2, Plan 228, designated as Parts 1, 2, 3, 4, 5, 6, 7, 8 and 9, Plan 40R-XXXXX, Pickering, 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 Pickering;
AND WHEREAS this Draft Plan of Condominium 18CDM-96003 will be developed in two phases.
The first phase being developed on Parts 1,2, 3, 4, 5, 6, 7, 8 and 9, Plan 40R-XXXXX;
AND WHEREAS the parties hereto are entering into this agreement for the purpose of developing Phase
One only;
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 Lots I and 2, Plan
228, designated as Parts 1, 2, 3, 4, 5, 6, 7, 8 and 9, Plan 40R-XXXXX, Picketing, Phase 1 of
Draft Plan of condominium 18CDM-96003 (The Gates of Pickering Inc.).
BY-LAW read a first, second and third time and finally passed this 16th day of December, 1996.
Fi/c: C96003
Schedule A
THIS AGREEMENT made December 16, 1996.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
THE GATES OF PICKERING INC.
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on those parts of Lots I and 2, Plan 228,
Pickering, designated as Parts I to 14, both inclusive, Plan 40R-XXXXX, in accordance with Draft Plan of
Condominium 18CDM-96003;
AND WHEREAS this Draft Plan of Condominium 18CDM-96003 will be developed in two phases. The first
phase being developed on Parts 1, 2, 3, 4, 5, 6, 7, 8 and 9, Plan 40R-XXXXX and the second phase being
developed on Parts 10, 11, 12, 13 and 14, Plan 40R-XXXXX;
AND WHEREAS the parties hereto are entering into this agreement for the purpose of developing 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 Agreements 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, 3, 4, 5, 6, 7, 8 and 9, Plan 40R-XXXXX.
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) A1 Site Plan February 9, 1995 not revised
(b) A2 Building Elevations February 9, 1995 not revised
(c) A3 Building Elevations February 9, 1995 not revised
(d) A4 Building Elevations February 9, 1995 not revised
prepared by Ferdinand Wagner Architect,
(e) L 1 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
(j) L6 Planting Details April 1994 .lan. 23, 1995
prepared by Paul Cosburn Associates Limited,
(k) SGI Site Grading Plan May 1994 Feb. 24, 1995
(1) SS1 Site Services May 1994 not revised
prepared by Sabourin Kimble & Associates Ltd.
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 Phase 1, 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 acknowledges and agrees that the responsibility for refuse and recycling collection, removal
and disposal, rests with the owner and the owner shall not require or request the Town to provide
garbage pickup.
5. 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 Phase 1 of this
draft plan of condominium, as determined solely by the Town of Pickering.
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 1-29;
"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 traffic 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 Environment and Energy's noise criteria."
7. 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 1-29;
"This dwelling is fitted with a forced air heating system and the fan, ducts, etc.
are sized to accommodate the installation of a central air conditioning system if
it is found necessary by the owner/occupant at any 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 must be located in a noise insensitive
location. The final installation shall meet the Ministry qf the Environment and
Energy criteria in Publication NPC-116 ".
8. The Town acknowledges receipt of the sum of $39,200 paid to the Town in full satisfaction of the
owner's obligation to provide parkland for both Phases I and II.
2
9. 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 1),
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 The 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 amotmts 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.
10. 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
sanle.
11. 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 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 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
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
1996.
SIGNED, SEALED AND DELIVERED
THE BANK OF NOVA SCOTIA
We have authority to bind the Corporation.
C96003
Res.376/96
2. DRAFT PLAN OF CONDOMINIUM 18CDM-96003
THE GATES OF PICKERING INC.
PART OF LOTS I AND 2, REGISTERED PLAN 228
(ALSO KNOWN AS PART OF LOT 1, 2, 6 & 7, PLAN 40R-16731)
(NORTHEAST CORNER OF KINGSTON ROAD, AND ALTONA ROAD)
FILE NUMBER o B 4100 o 18CDM-96003
That Council recommends to Regional Council that Draft Plan of Condominium
18CDM-96003, submitted by The Gates of Pickering Inc., for the establishment
of condominium tenure on lands being Part of Lots I and 2, Registered Plan 228,
(also known as Part of Lots 1, 2, 6 and 7, Plan 40R-16731), be APPROVED,
subject to the following conditions:
1. That this recommendation apply to the condominium plan prepared by
Horton, Wallace & Davies Limited, Ontario Land Surveyors, signed and
dated September 6, 1996, containing 49 townhouse units bearing the Town
Recommendation stamp; and
2. That prior to final registration of this plan:
a) the applicant shall submit a Draft Durham Condominium Plan to
be approved by the Town's Planning Department in order to ensure
consistency between the condominium plan and the approved site
plan;
b) the Town must be satisfied that the site is in full conformity with
the Site Plan Agreement dated March 17, 1995, and registered as
Instrument Number D 450746 on April 26, 1996, and that all of the
general on-site works, including landscaping, fencing, lighting, and
surface treatments have been or will be completed to the
satisfaction of the Town's Planning and Public Works
Departments;
c) the applicant shall enter into an appropriate condominium
agreement with and to the satisfaction of the Town, which shall
include, but not necessarily be limited to, the following
requirements:
(i) assurance of the continued compliance of the subject
property with the Town-approved site plan;
(ii) the ensured cooperation of the condominium corporation
with the Town regarding such matters as snow storage,
refuse collection, and driveway entrance maintenance; and
d) the applicant shall satisfy the Town with regard to a payment in
lieu of parkland contribution that would have otherwise been
required for the proposed development.
Council Minutes
November 18, 1996
All plans or' coadosninium must IM re,stored in ~l~ X~ud Tltk:s s~tcm v*4thin thc
[
__ ~O~
The Town of Picketing ]The Gates of Pickering Inc.
- 18C~i-96003
LEGAL SERVICES DEPARTMENTI - Condc~ni~ Agreement