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HomeMy WebLinkAboutBy-law 4412/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4412/94 Being a by-law to amend By-law 4317/93 authorizing the execution of a Preliminary Settlement Agreement among Pickering Harbour Company (Limited), Frenchman's Bay Harbour & Marine Service Company Limited, The Corporation of the Town of Pickering and Her Majesty The Queen in Right of the Province of Ontario, respecting Supreme Court of Ontario Action Number 860/82 [L917501] WHEREAS, on October 4, 1993, the Council of The Corporation of the Town of Pickering enacted By- law 4317/93, authorizing the execution of a Prelimina~ Settlement Agreement among Picketing ltarbour Company (Limited), Frenchman's Bay Harbour & Marine Service Company Limited, The Corporation of the Town of Pickering and Her Majesty The Queen in Right of the Province of Ontario, for the purpose of furthering the settlement of all claims and counterclaims made in an action commenced in the Supreme Court of Ontario as Action Number 860/82; and WHEREAS it is desirable to amend certain of the terms and conditions of the proposed Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 4317/93 is hereby deleted therefrom and Schedule 1 hereto is substituted for it. BY-LAW read a first, second and third time and finally passed this 18th day of April, 1994. W'-'~yne ArtiCles, M[y~r Bruce~aylor, Clerk JTOWN OF' PICKER!NG Schedule 1 to By-law 4412 /94 being Schedule A to By-law 4317/94 THIS PRELIMINARY SETTLEMENT AGREEMENT made as of , 1994, BETWEEN: THE PICKERING HARBOUR COMPANY (LIMITED) and FRENCHMAN'S BAY HARBOUR & MARINE SERVICE COMPANY LIMITED herein separately called the Picketing Harbour Company and The Frenchman's Bay Company respectively and collectively called the "Harbour Company" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART, - and - HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, as represented by the Attorney General for Ontario herein called the "Province" OF THE THIRD PART, WHEREAS the Parties hereto have entered into "Without Prejudice" settlement negotiations with respect to all claims and counterc]alms made in an action commenced in the Supreme Court of Ontario as Action Number 860/82 by the Town and The Attorney General for Ontario upon the relation of the Tow~ against the Harbour Company; and WHEREAS the Harbour Company wishes to proceed with certain resldentla] and marina development proposals; and WHEREAS the Parties hereto acknowledge that the agreement and consent of various other governmental agencies are required to proceed with the settlement negotiations and the development proposals; and WHEREAS the Parties, in furtherance of the settlement of their outstanding litigation have agreed to proceed on the terms and conditions hereinafter set out: NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of $2.00 now paid by each Party to the others, receipt of which by each from each is hereby acknowledged, the Parties hereto covenant and agree with each other as follows: 1. The Harbour Company shall, in consultation with the Town's planning staff, complete its residential and marina development proposals to the extent that the necessary applications related thereto are ready for submission and are supported by the Town's planning staff. 2. ne Parties shall continue to meet with the Province of Ontario's Waterfront Regeneration Trust (herein called the "Trust"), and with such persons and agencies as the Trust deems advisable, to seek the support of the Trust in obtaining the agreements, approvals, consents, declarations, llcences and permits necessary to give effect to, 2 (a) the proposed settlement set out in sections 6., 7., 8., 9., 10., and 11. hereof, and (b) the development proposals referred to in section 1. hereof. 3. Upon the submission to the Town of the necessary applications related to the development proposals referred to in section 1. hereof, the Tom shall proceed with all reasonable dispatch to process those applications in accordance with the applicable lew. 4. The action and counterclaims set out in Supreme Court of Ontario Action Number 860/82 shall be settled upon the terms and conditions set out in sections 6., ?., 8., 9., IO., and 11. hereof, each Party hereby endeavouring to use its reasonable best efforts to obtain the agreements, approvals, consents, declarations, licences and permits necessary to give effect to and to finalize the proposed settlement. 5. (e) The proposed settlement, the terms and conditions of which are set out in sections 6, 7, 8, 9, 10 and 11 hereof shall come into force only when all approvals, consents, declarations, licences, and permits necessary to obtain a buildln8 permit for the Harbour Company's residential development on its lands at the north end of Frenchman's Bay, and currently zoned EM2, have been obtained. (b) The Narbour Company has the right to waive, at any time, the provisions of section 5.(a), and the proposed settlement referred to in section 5.(a) shall become binding on all parties once notice in writing has been given by the Harbour Company to the other parties of the waiver of the requirements of section 5.(e). (c) Once the terms of the proposed settlement come into force, the parties shall forthwith execute ail documents necessary to give'effect to,the terme of the proposed settlement and without limiting the generality of the foregoing shall include all consents, land transfers, withdrawal notices, restrictions on title, and acknowledgements, and shall con, ante proceedin&s to give effect to sections 6.(a), (b), (c), and ll.(a) and (b), and shall enact the necessary by-law to 8ire effect to section 8.(e) and generally do all ocher things necessary to give effect to this agreement. The terms of the proposed settlement are as follows: The Harbour Company shall, (a) convey to the Town, as a payment on account of the Town's development charges and park contributions for the residential development proposed by the Harbour Company all of its right, title and interest, in that part of Lots 24 and 25, Range 3, Broken Front Concession, Picketing, outlined in pink on the schedule attached hereto as Schedule A, only to the extent that the land is not required for the residentlal development proposal referred to in Section 1. of this Agreement, being generally those lands currently zoned I~2 and lying north of a llne extending from a point at which the north side of Browning Avenue would intersect with a point on the west side of Frenchman's Bay if dra~n as an extension of the north boundary of Browning Avenue. The value to be attributed to the lands conveyed to the Town shall have an agreed value of $519,900.00. Such conveyance shall be subject to registered restrictions on title, suitable to The Harbour Company, assuring that the waterlot and dry lands so conveyed shall never be used for the mooring, anchoring, docking, or launching or storing of boats, vessels or other water craft or for any similar purpose. (b) negotiate in good faith with the Hetropolitan Toronto and Region Conservation Authority for its purchase and ownership of Lot 233, Plan 345, Picketing, outlined in red on the schedule attached hereto es Schedule A, in return for suitable compensation agreeable to The Harbour Company, (c) withdraw its existing referrals of planning documents to the Ontario Municipal Board on the condition that the To~n, in conjunction with the Harbour Company, is successful in obtaining a ministerial amendment or modification to the Town of Pickering's Official Plan and the Regional Official Plan, if necessary, to: 3 (i) permit the mooring of boats and vessels in those areas of Ftencfunan's Bay owned by the Harbour Company, and (ii) move the existing llne on the Official Plans, which defines the marina areas, in a westerly direction to an extent that will better accommodate the planned expansion of the Harbout Company's marina activities, and shown in orange on the attached Schedule A. The new line is described as follows: NAFIELY in the Town of Picketing in the County of Ontario and being composed of part of Lots 23 and 24, Range 3, Broken Prone Concession in the said Town of Picketing, and being more partlcu]arly described as follows: PRBHISING that the ~esterly llmit of PART 3 as shown on Reference Plan 40R-2022 deposited in the Registry Office for the Registry Division of Durham, being the easterly limit of Allowance for Road between Lots 24 and 25, Broken Pront Concession in the said Town of Picketing, has a bearing of North 17 degrees, 11 minutes, 60 seconds ~est, and relating all bearings herein thereto: Beginning at the south-westerly angle of Lot I as shown on plan registered in the said Registry Office es number 239: THENCE South 70 degrees, 11 minutes, 20 seconds ~est, 516.06 feet to the point of commencement of the aforementioned line: THENCE South 27 degrees, 18 minutes, 35 seconds Bast, 2162.18 feet, more or less, to the point of termination of the said llne, which said point is located as follows: Beginning at the north-easterly angle of Lot 328 as sho~n on plan registered in the said Registry Office as number 345: THENCE North 53 degrees, 3! minutes, 20 seconds East, 1.89 feet: THENCE North 5 degrees, 53 minutes, 10 seconds West, 73.26 feet to the said point of termination. 7. Except that it is not subject to expropriation by any provincial, municipal or other authority under provincial legislation, the Harbour Company recognizes that it is subject to all provincial and municipal laws, regulations, orders, by-laws and other governmental enactments to the same extent as any other person in Ontario, except where a conflict exists between the Charter of the Picketing Harbour Company and the provincial or municipal enactment the parties agree that the Charter of the Pickerlng Harbour Company is paramount. 8. The Town shall, (a) consent to an order that, as between the parties to the Supreme Court of Ontario Action Number 860/82, either the Picketing Harbour Company and/or the Prenchman's Bay Company is the beneficial owner of all lands which are shown in approximation in Schedule A set out in blue and presently registered in either of their names in the Registry Oivlsion of Ontario County (No. 40) or the office of Land Titles at ~nitby, and a quit claim will be given by each of the parties to the settlement agreement in favour of the Pickerlng ~arbour Company or to the Prenchman's Ba~ Company with respect to such lands. (b) convey to the ~arbour Company all of its right, title and interest, free and clear of all encumbrances (save and except service or utility easements, if any) and at no cost to the Barbour Company, in those parts of the road allowances known as Bay Street and Begley Street requited for the development of the Harbour Company's proposed residential development, cross-hatched and coloured green on the schedule attached hereto as Schedule A; 4 (c) convey to the Harbour Company, free and clear of all encumbrances end at no cost to the Harbour Company, all of its right, title end interest in that part of the rosd allowance between lots 24 and 25, Rsnge 3, broken Front Concession, Picketing. that lies south of the lands to be conveyed to the To~rn in 6.(s) above, and coloured yellow on Schedule A. (d) accept the conveyances set out in clauses 6.(a) above, as · payment on account of the ?o~n's development charges and park contributions for the residential development proposed by the Harbour Company; the value to be attributed to the lands conveyed to the To~n shall have an agreed value of $519,900. The Town agrees that no development charges of the To~n and/or park dedications to the Tovm will be required for the marina upgrading and expansion with the exception of those development charges collectable on behalf of Picketing Hydro. (e) when the Harbour Company withdraws its existing referrals of planning documents to the Ontario Eunicipel Board, remove its current "Holding zoning" end will rezone chose areas of Frenchman's Bay that will. pursuant to this agreement, continue to be o~ned by the Harbour Company, (end presently sho~n as Marine Recreational areas) in such a manner es to conform to the To~m's Official Plan es amended pursuant to paragraph 6.(c) and allowing mooring end anchorage of boats and vessels. 9. The To~n and the Province recognize the validity of the Plckerln$ Harbour Company's Charter and without llmitin& the generality of the foregoing, the To~n and the Province recognize the Pickerlng Harbour Company's right to construct, operate and maintain harbour works, and to dredge the harbour es permitted by its Charter. "Harbour Works" means all things necessary to shipping and navigation of vessels and the operation and maintenance of the harbour including but not restricted to the dredging, and the redesign and construction of the entrance to the harbour generally as sho~n in Schedule "B" and determining the appropriate areas for anchorage and moorings of boats and vessels. IO. The Province shall (a) consent to an order that, as between the parties to Supreme Court of Ontario Action Number 860/82, either the Picketing Harbour Company and/or the Frenchman's Bay Company is the beneficial owner of all lands which are shown in approximation in Schedule A set out in blue presently registered in either of their names in the Registry Oivision of Ontario County (No, 40) or the office of Land Titles at I~itby, and a quit claim will be given by each of the parties to the settlement agreement in favour of the Pickerlng Harbour Company or the Frenchman's Bay Company with respect to such lands. (b) acknowledge that the shares of the Picketing Harbour Company (Limited) have never at any time escheated to the Province (Crown) and it releases any rights or claims it may have considered it to have had or may now consider to have in such shares. 11. Bach Party shall, (a) consent to the dismissal, without costs, of Supreme Court of Ontario Action Number 860/82 and all claims and counterclaims brought therein; (b) endeavour to use its reasonable best efforts to obtain a comitment satisfactory to the Harbour Company from the Government of Canada to undertake or to contribute financially to necessary channel improvements such as, but not necessarily limited to, the building of new breakwalla into Lake Ontario and deeper dredging of the channel; 5 (c) subject to the provisions of the Preedom of Information and Protection of Privacy Act, R.S.O. 1990, chapter P.31, the Nunicipal Preedom of Znformation and Protection of Privacy Act, R.S.O. 1990, chapter ~.56, and any other applicable legislation, treat all documents and information received or exchanged relating to Supreme Court of Ontario Action Number 860/82 and all claims and counter claims brought therein, and any document relating to the settlement of those claims and counterclaims, as confidential and not release same without the prior written consent of the other Parties, 12. Any notice required or permitted to be given to a Party hereto shall be in writing and shall be given by personal service, or by prepaid reglstered mail in a sealed envelope, addressed as follows: (a) in the case of the Harbour Company, to The President, The Pickering Harbour Company (Limited) 1295 ~harf Street Pickerlng, Ontario LIW 1A2 (b) in the case of the Town, to T~e To~n Clerk The Corporation of the Town of Pickering Pickerlng Civic Complex One The Esplanade Pickering, Ontario LIV 6K7 and (c) in the case of the Crown, to The Attorney General for Ontario The ~inistry of the Attorney General llth Floor 720 Bay Street Toronto, Ontario ~SG 2K1 (i) each Party may redeslgnate the person or the address, or both, to whom or to which such notice may be 81yen by giving written notice to the other Parties in accordance with this section. (ii) Any notice given in accordance with this section shall be deemed to have been given on the day of delivery or on the second day following the day of mailing, as the case may be. 13. This Agreement shall be binding upon siBnin8 by each of the parties only when it has been approved by the shareholders of Frenchman's Bay Harbour & Marine Service Company Limited at a special meetinB of shareholders to be held not later than June 30, 1994. IN WITNESS WHEREOF, the companies comprising the Harbour Company have hereunto affixed their respective corporate seals, attested by their authorized officers, the To~rn has hereunto affixed its corporate seal, attested by the hands of its authorized officers and the Attorney Genera[ for Ontario, on behalf of the Crown, has hereunto affixed her signature. SIGNED, SEALED & DELIVERED , 1994 PICKERING P~RBOUR COMPANY (LIMITED) , Authorized Signing Officer 1994 FRENCHMAN'S BAY HARBOUR & MARINE SERVICE COMPANY LIMITED , Authorized Signing Officer 1994 THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 1994 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO Attorney General for Ontario Approved by the Shareholders of FRENCHMAN'S BAY HARBOUR & MARINE SERVICE COMPANY LIMITED at a duly constituted meeting thereof on , 1994. , Secretary, Frenchman's Bay Harbour & Marine Service Company Limited ~ETTL.La