HomeMy WebLinkAboutBy-law 4317/93 THE CORPORATION OF THE TOWN OF PICKERING
Being a by-law to authorize the execution of a
Preliminary Settlement Agreement among the Pickering
Harbour Company (Limited), Frenchman's Bay Harbour
& Marine Service Company Limited, The Corporation of
the Town of Picketing and The Province of Ontario,
respecting Supreme Court of Ontario Action Number
860/82 [L917501]
WHEREAS the Picketing Harbour Company (Limited), Frenchman's Bay Harbour & Marine Service
Company Limited, The Corporation of the Town of Picketing and Her Majesty The Queen in Right of
the Province of Ontario wish to settle 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 set out the terms and conditions of the settlement among them in a
Preliminary Settlement Agreement;
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 Preliminary Settlement Agreement, in
the form auached hereto as Schedule A, among the Picketing Harbour Company (Limited),
Frenchman's Bay Harbour & Marine Service Company Limited, The Corporation of the Town
of Picketing 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.
BY-LAW read a first, second and third time and finally passed this 4 th day of October 1993.
Wayn~-Arth~s, Mayor
~'B~ce Taylor, Clerk --
THIS PRELI3,1INARY SETTLEMENT AGREEMENT made May 31, 1993,
BETWEEN:
herein colic e "Harbour Company" OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERI~G
herein called the "Town"
OF THE SECOND PART,
HER MAJESTY THE QUEEN IH RIGHT OF THE PROVINCE OF ONTARIO,
as represented by the Attomey General for Ontario
herein called the "Crown"
OF THE THIRD PART.
WHEREAS the Parties hereto have entered into "Without Prejudice" settlement negotiations with
respect to all claims, counterclaims and crossclaims made in an action commenced in the Supreme
Court of Ontario as Action Number 860/82 by the Town and The Anomey General for Ontario upon the
relation of the Town against the Harbour Company; and
WHEREAS the Hatbour Company wishes to proceed with certain residential and marina development
proposals; and
WHEREAS the Parties hereto acknowledge that the agreement and consent of various other
governmental agencies are requh'ed to proceed with the settlement negotiations and the development
proposals; and
WHEREAS the Parties, in furtherance of the settlement of thek outstanding litigation and to obtain the
requisite approvals for the development proposals, have agreed to proceed on the terms and conditions
hereinafter set out:
NOW THEREFORE THIS AGREEMENT W1TNESSETH 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 plann,lng 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. The Parties shah 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,
licences and permits necessary to give effect to,
(a) the proposed settlement set out in section 6 hereof, and
(b) the development proposals referred to in section I hereof.
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3. Upon the submission to the Town of the necessary applications related to the development
proposals referred to in section I hereof, the Town shall proceed with all reasonable dispatch to
process those applications in accordance with the applicable law.
4. The action, counterclaims and crossclaims set out in Supreme Court of Ontario Action Number
860/82 shall lac settled upon the terms and conditions set out in section 6 hereof, each Party
hereby endeavouring to use its reasonable best efforts to obtain thc agreements, approvals,
consents, declarations, licences and permits necessary to give effect to and to finalize the
proposed settlement.
:~. (1) The proposed seulement shall be binding upon the Parties unless any of the following
events have not occurred on or before January 30, 1995:
(a) Ail final agreements, approvals, consents, declarations, licences and permits
necessary to give effect to the development proposals referred to in section 1
hereof have been obtained or are available so as to enable the developments to
be completed.
(b) A commitment from the Province of ~}fitario or 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 breakwalls into Lake
Ontario and deeper thedging of the channel, has been obtained.
(2) If the events referred to in subsection (1) have not occurred on or before January 30,
1995, then any Party may propose a one year extension to the time limited for the
occurrence thereof (i.e. to January 30, 1996), and should the other Patties concur in
writing to that extension, then the extension shall be permitted without amendment to
this Agreement, but only one such extension shall be permitted without an amendment
to this Agreement.
(3) If the events referred to in subsection (1) have not occurred on or before January 30,
1995 (or January 30, 1996, if an extension has been permitted under subsection (2)),
then, should the Harbour Company be unwilling to waave its right to any such event or
part thereof that has not occurred,
(a) this Agreement shall be at an end, and
(b) neither this Agreement nor any part of it shall be referred to in any way by any
Party in any litigation~.~ommenced before or after the date of this Agreement
and involving any ~tlk6kParries.
6. The terms of the propo~\~k°~.~ ~?';ollows:
(a) The Harbour C~hall,
(1) convey to the Town all of its right, title and interest, free and clear of all
encumbrances and at no cost to the Town, in that part of the road allowance
between Lots 24 and 25, Range 3, Broken Front Concession, Picketing,
outlined in blue on the schedule attached hereto as Schedule A;
(2) convey to the Town all of its right, title and interest, free and clear of all
encumbrances and at no cost to the Town, in that part of the north marsh lands
in Lots 24 and 25, Range 3, Broken Front Concession, Picketing, outlined in
pink on the schedule attached hereto as Schedule A;
(3) convey to the Town all of its right, title and interest, free and clear of all
encumbrances and at no cost to the Town, in that part of the residential
development area in Lot 2,1, Range 3, Broken Front Concession, Picketing,
outlined in orange on the schedule attached hereto as Schedule A;
(4) convey to the Town all of its right, title and interest, free and clear of all
encumbrances and at no cost to the Town, in Lot :Z33, Plan 345, Picketing,
outlined in red on the schedule attached hereto as Schedule A;
(5) convey to the Town all of its right, title and interest, free and clear of all
encumbrances and at no cost to the Town, in the remainder of its holdings in
Lot 25, Range 3, Broken Front Concession, Picketing, outlined in yellow on the
schedule attached hereto as Schedule A;
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(6) attom to the jurisdiction of the Town and of the Crown by consenting to an
order that it is subject to all statutes, laws, regulations, orders, by,laws and
other governmental enactments to the same extent as any other person in
Ontario; and ~6~'
(7) withdraw its existing referrals of planning documents .t i· Municipal
Board. '.
(1) consent to an order that, as between the parti~N~ Supreme Court o.f Ontario
Action Number 860/82, either The Picketing IYurbour Company Limited or
Frenchman's Bay Harbour & Marine Service Company Limited is the
beneficial owner of the lands in Lot 24, Range 3, Broken Front Concession,
Picketing, outlined in brown on the schedule attached hereto as Schedule A;
(2) convey to the Harbour Company all of its right, title and interest, free and clear
of all encumbrances (save and excel? service or utility easements, if any) and
at no cost to the Harbour Company, m those part of the road allowances known
as Bay Street and Begley Street required for the development of the Harbour
Company's proposed residential development, cross-hatched on the schedule
attached hereto as Schedule A;
(3) accept the conveyances set out in clauses 6(a)2, 3, 4 and 5, above, as payment
in full of the Town's development charges and park contributions for both the
residential and the marina developments proposed by the Harbour Company;
(4) permit the Harbour Company to use, by licence, for an annual payment of
$2.00 and for a period not to exceed 99 years, that part of Lot 25, Range 3,
Broken Front Concession, Pickering, outlined in yellow on the schedule
attached hereto as Schedule A, that is presently used for the docking or
mooring of boats, for the purpose of continuing to use that part for those
purposes, or to permit the use thereof by other~ for those purposes, so long as
the number of boats to be moored and docked thereon does not exceed the
number moored and docked thereon, respectively, in 1992;
(5) not use nor permit any other person to use that part of Lot 25, Range 3, Broken
Front Concession, Picketing. outlined in yellow on the schedule attached hereto
as Schedule A, as a marina, except for,
(i) any part thereof used as a private yacht club or part thereof in 1992 in
conjunction with the Frenchman's Bay Yacht Club so long as it
continues to be used for that purpose by that Club a~ a private yacht
club,
(ii) any part thereof used for the docking or mooring of boats ptu~suant to a
licence granted pursuant to clause 6(b)4, above, and
(iii) any part thereof used as a marina with the express prior written
consent of the Harbour Company, which consent may be arbitrarily
withheld.
(c) The Crown shall consent to an order that, as between the parties to Supreme Court of
Ontario Action Number 860/82, either The Picketing Harbour Company Limited or
Frenchman's Bay Harbour & Marine Service Company Limited is the beneficial owner
of the lands in Lot 24, Range 3, Broken Front Concession, Picketing, outlined in brown
on the schedule attached hereto as Schedule A.
(d) Each Party shall,
(1) consent to the dismissal, without costs, of Supreme Court of Ontario Action
Number 860/82 and all claims, counterclaims and crnssclaims brought therein;
(2) endear·ur to use its reasonable best efforts to obtain a commitment from the
Province of Ontario or the Government of Canada to underlake or to contribute
lrmancially to necessary channel improvements such as, but not necessarily
limited to, the building of new breakwalls into Lake Ontario and deeper
dredging of the channel;
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(3) endeavour to use its reasonable best efforts to obtain the agreements, approvals,
consents, declarations, licences and permits necessary to allow the Harbour
Company to do the necessary dredging, including channel dredging, and filling
to permit the marina development and to allow the repatriation of portions of
the marsh land at the north end of Frenchman's Bay; and
(4) subject to the ]~rovisions of the Freedom of Information and Protection of
Privacy Act, R.3.O. 1990, chapter F.31, the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990, chapter M.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 ail
claims, counterclahns and crossclaims brought therein, as confidential and not
release same without the prior written consent of the other Parties.
7. The Parties shall proceed in good faith to make such amendments, additions or deletions to or
from the proposed settlement agreement as may be required, as are consistent with this
Agreement, and as may b~ agreed upon among the Parties.
$. (1) Any notice required or permitted to be given to a Party hereto shall be in writing and
shall be given by personal service, or by prepaid registered mail in a sealed envelope,
addresscA as follows:
(a) in the case ~of ur Company, to
The Pi~k'~'Rn~a~bour Company Limited
1295.W~eet
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Picketing
Picketing Civic Complex
One The Esplanade
Picketing, Ontario
L1V 6K7
and
(b) in the case of the Crown, to
The Attomey General for Ontario
The Ministry of the Attomey General
llth Floor
'720 Bay Street
Toronto, Ontario
M$(~ 2KI
(2) Each Party may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written notice to the other Parties in accordance
with this section.
(3) Any notice given in accordance with tiffs section shall be deemed to have been given on
the second day following the day of delivery or the day of mailing, as the case may be.
9. This Agreement shall be binding upon the Parties only where it is executed by each of the
Parties, and the shareholders of Frenchman's Bay Harbour & Marine Service company Limited
have approved of it on or before July 31, 1993.
IN wHrqESS WHEREOF, the companies comprising the Harbour Company have hereunto affLxed
their respective corporate seals, attested by their authorized officers, the Town has hereunto affixed its
corporate seal, attested by the hands of its authorized officers and the Attorney General for Ontario, on
behalf of the Crown, has hereunto affixed her signature.
SIGNED, SEALED & DELIVERED this 31st day of May, 1993.
,X~hori~d Signing Officer
FRENCHMAN'S BAY HARBOUR & MARINE SERVICE
COMPANY LLMITt~O
, Authorized Signing Officer
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
.~mey General for Ontario
Approved by the Shareholders of FRENCHMAN'S BAY HARBOUR & MARINE SERVICE
COMPANY LIMITED at a duly constituted meeting thereof on ,1993.
, Secretary, Frenchman's Bay Harbour & Marine
Service Company Limited
SCHEDULE A