HomeMy WebLinkAboutBy-law 3927/92 THE CORPORATION OF THE TOWN OF pICKERING
BY-LAW NO._ 3927/92
Being a by-law to authorize the execution of a
Condominium Agreement respecting the deveh~pment of
Lot 7, Platt 40M-1347, Picketing (DraJ~ Platt
18CDM-88014; BrockfeM Equities Inc.)
WHEREAS the proposal to subdivide and register a plan of condominium of Lot 7, Plan 40M-1347.
Pickering, has been approved by the Council of The Corporation of the Town of Picketing and the
Regional Municipality of Durham subject to several conditions, one of which requires the entering into
of a satisfactory Condomimum Agreement with The Corporation of the Town of Pickering;
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 fom~
attached hereto as Schedule A, respecting the development of Lot 7, Plan 40M-1347, Picketing,
included in Draft Plan 18CDM-88014 (Brockfeld Equities Inc.).
BY-LAW read a first, second and third time and finally passed this 3rd day of February, 1992.
TOWN
PICKERIt'~G
APPROVED
AS TO FORM
LEGAL DEPT.
Schedule A
THIS AGREEMENT made this 3rd day of February, 1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
~RQCKFELD EOUITIES INC.
herein called the "Owner'
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on Lot 7, Plan 40M-1347, Pickering
in accordance with Draft Plan of Condominium 18CDM-88014; 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 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 lands and premises affected by this Agreement (herein called the "Lands") are Lot 7, Plan
40M-1347, Picketing, subject to an easement over Part 9, Plan 40R-8807, as set out in
Instrument No. LT236044.
2. No use shall be made of the Lands, or of any building or structure thereon, and no development,
as defined in section 40 of the Planning Act 1983, S.O. 1983, c.l, shall be undertaken on the
Lands except in conformity with this Agreement and with the following plans and drawings
(herein collectively called the "Plans"):
Last
Plan No. Plan Title Plan Date Revision
(a) A-I Site Plan July 18/88 unrevised
(b) A-3 Elevations July 18/88 unrevised
(c) L-1 Landscape Plan June 20/88 unrevised
prepared by Seligman Architect Inc.
3. The Owner shall 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 set; ..... located on the Lands, 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. For the purpose of guaranteeing,
(a) the provision of the facilities, works or matters shown on the Plans, and
(b) the maintenance (for one year after the registration of the Plan of Condominium) of the
facilities and works required to be maintained under section 3, above,
the Owner shall provide to the Town, prior to the registration of the Plan of Condominium, a
security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in the
amount of $28,000 and in a form satisfactory to the Town, which security may be drawn upon by
the Town in such amounts and at such thnes 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.
5. 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 aff'med theix corporate seals, duly attested
by their respective authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
BROCKFELD EQUITIES INC.
Stuart Golvin, President
ENCUMBRANCER - NORTH AMERICAN LIFE ASSURANCE COMPANY
This Agreement shall have priority over and take precedence over all of North American Life Assurance
Company's rights or interests, whether or not any such right or interest was established or arose prior to
the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument
or docmnent registered on title to the lands affected hereby, or any part of them, prior to the registration
of this Agreement.
SIGNED, SEALED & DELIVERED
NORTH AMERICAN LIFE ASSURANCE COMPANY
4. DRAFT PLAN OF CONDOMINIUM 18CDU-88014
'SUBMITTED BY BROCKFELD EQUITIES INC.
0) A
T THE NORTHWEST CORNER OF BROCK ROAD
AND FELDSPAR COURT
FILE NUMBER - B 4100
That Town Council recom~nend to Regional Council that Draft
plan of Condominium 18CDM-88014 submitted by Brockfeld
Equities Inc. on lands being Lot 7, Plan 40M-1347, Town of
Picketing, be APPROVED'subject to the following conditions:
That prior to final registration of this plan:
(a) The issue of establishing a shared access to Brock
Road with the northerly abutting property (Lot 6,
Plan 40M-1347) be resolved and any necessary
amendments made to approved site plan S 10/88 and
Draft Plan of Condominium 18CDM-88014 to the
satisfaction of the Town.
(b) That the applicant submit a Draft Durham Condominium
Plan to be approved by the Town Planning Department.
(c) That all of the general on-site works including
landscaping, fencing, lighting and surface treatment
be completed to the satisfaction of the Town's
Planning Department.
(d) That the applicant's professional engineer provide a
certificate stating that the parking facilities and
internal roads have been constructed in accordance
with the standards and specifications of the approved
site plan.
(e) That the Town Building and Fire Departments confirm,
through a final inspection, that the development
complies with the Ontario Building Code and the
Ontario Fire Code.
(f) That the applicant enter into an appropriate
condominium a~reement with and to the satisfaction of
the Town of Picketing which shall include, but not
necessarily be limited to, requirements respecting:
(i) the continued compliance of the subject
property with the Town approved site plan;
(ii) co-operation with the Town in such areas as
refuse co ...... ~n, snow storage, driveway
entrance maintenance and fence maintenance.
COUNCIL
15:52 F~ON qrubner kr~us~ TO 42~5~5 P.~5
Attachment No? ~ to letter dated February gS, Iggl
From: Valerte Cranmer, A~ttng Co~rnts'stoner of Planning
....: To: Brockfeld £qutttes ~nc. .
.... Res Plan of Condoadn~um 18CD~ 88014
Town of P~ckering
CONDITIONS OF DRAFT APPROVAL "
That this approve1 applies to draft plan of condominium 18COH-88014, prepared
by J. O. Barnes Limited, Identified as number B8-22-442-0~ revised and dated
December 15~ 1988 showtng 4 lndustrlal units.
O?hat such easements as may be required for utilities, d~ainage
and
servicing
purposes shall be granted to the appropriate authorttX.
3. That the Condom~ntum Authoritg agree to maintain unobstructed access to
existing ~ater meters for servicing by Regional personnel,
4, That any metering changes proposed b~ the Condominium Authority be approved
by the Region and all costs involved tn the rearrangement shall be at the
Condominium Authortt~'s expense.
That prior to f~nal'approval of the plan, the o~ner satisfx all
she11
requtrements~ financial and otherwise, of the lo~n of Picketing. Thts shall
,..... tnclude, among other matters, executtonof a condominium agreement between
: ' the o~er and the Town of Picketing, concerning the provision and
" Installation of roads, services and drainage, and other local services.
6, The: prior to final approval of the plan, the o~ner shall satisfy all
requtrements~ financial and other~seo of the RoBSon of Durham. ~ts shall
tnclude, among other matters, execution of a condominium agreement between
the o~ner and the Region of Durham concerning the provt sion and tnstallaUon
of santtary sewer, water suppl~, roads and other regional serWces.
7. That prior tO final approval, the Commissioner of Planntng for the Region of
~urham, shall be advised in writing by:
a) the To~l of Picketing, how conditions ~, ~ and 5 have been satisfied.
NOTES TO DRAFT APPROVAL
2. as owner of the proposed condominium, tt Is in your interest as well as ~our
responsibility to satisfy all conditions of approval than expeditious
manner.
2. All plans of condominium must be registered in the land t~tles sytem w~th~n
the Durham Region.
TOTAL p. ~$
The Town of Picketing I Brockfeld Equities Inc.
18CDM-88014
LEGAL SERVICES DEPARTMENT Condominium Agreement