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HomeMy WebLinkAboutBy-law 3567/90 THE CORPORATION OF THE TOWN OF PICKERING . 3567 Being a by-law to authorize the execution of a Condominium Agreement respecting the development of Block C, Plan M-1024, Pickering (Reemark Emerald Point Inc.) WHEREAS the proposal to subdivide and register a plan of condominium of Block C, Plan M-1024, Picketing, 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; 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 Block C, Plan M-1024, Picketing, included in Draft Plan 18CDM-89027. BY-LAW read a tn'st, second and third time and finally passed this 15th day of Octoher, 1990. Wayne Art. hu~/~'lay~.~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3567 /90 Being a by-law to authorize the execution of a Condominium Agreement respecting the development of Block C, Plan M-1024, Pickering (Reemark Emerald Point Inc.) WHEREAS the proposal to subdivide and register a plan of condominium of Block C, Plan M-1024, Picketing, has been approved by the Council of The Corporation of thc Town of Picketing 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; 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, in the form attached hereto as Schedule A, respecting the development of Block C, Plan M-1024, Pickering, included in Draft Plan 18CDM-89027. BY-LAW read a first, second and third time and finally passed this 15th day of October, 1990. Wayne Arthurs~ayor TOWN OF PICKERING !APPROVED LEGAL SCHEDULE A THIS CONDOMINIUM AGREEMENT made October 1st, 1990. BETWEEN: REEMARK EMERALD POINT INC, herein called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the 'Town" OF THE SECOND PART. WHEREAS the Owner proposes to register aplan of condominium on Block C, Plan M-1024, Pickering, in accordance withDraft Plan of Condominium 18CDM-89027; 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 lands affected by this Agreement (herein called the "Lands") are those Block C, Plan M-1024, Picketing. 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, chapter 1, 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 Drawing Last No. Title Date Revision (a) A1 Site Plan May 19/88 Nov 24/89 (b) A2 Partial Parking Garage Block "A," Ground Floor Entry Level May 19/88 May 19/88 (c) A3 Partial Basement Plan Building "A," Parking Garage Block "A" May 19/88 Nov 10/88 (d) A4 Partial Parking Garage Block "B," Ground Floor Entry Level May 19/88 May 19/88 (e) A5 Partial Basement Plan Building "B," Parking Garage Block "B" May 19/88 Jan 19/90 (f) Al8 Front Elevation (West) Building "A" & Rear Elevation (East) Building "B" May 19/88 Sept 26/89 (g) Al9 Front Elevation (West) Building "B" & Rear Elevation (East) Building "A" May 19/88 Mar 14/89 prepared by Maragna and Associates - Architects & Planners, (h) L! Planting Jan 10/89 Nov 29/89 (i) L2 Grading Jan 10/89 Nov 29/89 (j) L3 Building Entrance Jan 10/89 Nov 7/89 (k) L4 Details Jan 10/89 unrevised prepared by The Dennis Warenycia Partnership. 3. The Owner shall maintain, in conformity with the Pla.n? to the Town's satisfaction and at the sole risk and expense of the Owner, all of the facihties and works that are both shown on the Plans and ser~e or are 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. (1) For. the. purpose of guaranteein~ the maintenance. (for one year after the re~straUon of the Plan of Condominium) of the facilities .a. nd works required to be maintained under section 3, above, the Owner shall provade 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 $10,000 and in a form satisfactory to the Town, which security may be drawn upon by the Town in such amounts and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to provide or maintain the facilities, works or matters, as the case may be, to the Town's satisfaction. (2) At the end of the one year guarantee period when the obligation to guarantee has expired, the security sh. all be returned to th.e Owner subject to any deductions for failure to maintain dunng the guarantee period. 5. The Ontario Ministry of the Environment requires that this Agreement contain the following clause regarding all of the units (sic): Purchasers are advised that noise levels may be of concern, occasionally interfering with some activities of the dwelling units (sic). 6. This Agreem. ent sh. all enu.re to the benefit of and be binding upon the Parties hereto and their respecuve he~rs, adrmnistrators, executors, successors and assigns. IN WITNESS .V~cIEREOF, the parties ~erein have hereunto affixed their corporate seals, duly attested by thetr respective authorized officers. SIGNED, SEP. I .~D & DELIVERED REEMARK EMERALD POINT INC. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk -2- ENCUMBRANCER - CONFEDERATION TRUST COMPANY This Agreement shall have priority over and take precedence over all of Confederation Trust Co. mpany's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or d.ocument registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of ,1990. SIGNED, SEMI.ED & DELIVERED CONFEDERATION TRUST COMPANY ENCUMBRANCER - GLYNBURN EOUITIE$ INC, .Th~.'s Agre. ement shall have priority over and take precedence over all of Glynburn Equities lnc.'s rights or interests, whether or not any such right or interest was establ.ished or. arose prior to the date hereof and wheth.er or not suc. h right or interest is set out in or arises by v~rtue of any instru- ment or document registered on t~tle to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of ,1990. SIGNED, SE,,4LED & DELIVERED GLYNBURN EQUITIES INC. ENCUMBRANCER - MORTGAGE INSURANCE COMPANY OF CANADA This Agreement shall have priority over and take precedence over all of Mortgage Insurance Company of Canada's rights or interests, whether or not an), such r. ight or interest was estab, lished or arose prior, to the date hereof and whether or not such r~ght or tnterest is set out in or artses by virtue of aq.y instrument or document registered on title to the lands affected hereby, or any part of them' prior to the registration of this Agreement. . Dated at this dayof ,1990. SIGNED, SEMI.ED & DELIVERED MORTGAGE INSURANCE COMPANY OF CANADA -3- 1. DRAFT PLAN OF CONDOMINIUM 18-CDM-Dg027 SUBMITTED BY REEMARK EMERALD POINT INC. ~)~0 ON THE WEST SIDE OF BROCK ROAD SOUTH OF HIGHWAY 401 FILE NUMBER - B 4100 - 18-CDM-Dg027 That Town Council recommend to Regional Council that Draft Plan of Condominium 18CDM-Dg027, submitted by Reemark Emerald Point Inc. on lands being Block C, Plan M-1024, Town of Picketing, be APPROVED subject to the following conditions: 1. That this recoranendation apply to the plan prepared by J. D. Barnes Limited, dated August 3, lgDg, and bearing the Town's recommendation stamp. 2. That prior to final regtstra(ton of this plan: (a the applicant submit a Draft Durham Condominium Plan to be approved by the Town Planning Department; (b) 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; (c) 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; id) the Town's Building and Fire Department confirm, through a final inspection, that the develobment complies with the Ontario Building Code and the Ontario Fire Code; (e) the applicant enter into an appropriate condominium agre~nt with and to the satisfaction of the Town of Picketing which shall include, but not necessarily be limited to, requirements respecting: ii) the continued compliance of the subject property with the Town-approved site plan; (ii) cooperation with the Town in such areas as refuse collection, snow storage, driveway entrance maintenance and fence maintenance. 3. That any necessary revisions to the Town-Approved Site Plan and/or the Draft Plan of Condominium be made to ensure consistency between the two plans prior to th~ forwarding of Council's reconm,endatton to the Region of Durham Planning Oepartment.~i COUNCIL NAR ,5 1990 Attachment to letter dated 1990 06 l& From: Dr. N. Hichael, Commissioner of Planning To: Reemark Emerald Point Inc. Re: Plan of Condominium 18CDH-89027 TOWN OF PICKERING DRAFT CONDITIONS OF DRAFT APPROVAL 1. That this approval applies to draft plan of condominium 18CDM- 89027~ prepared by J.D. BarDea Limited~ dated August 3~ 1989 by the surveyor~ which illustrates~ two 8-storey apartment buildinis containing 215 units. Q That prior to final of the the Owner shall satisfy approval plan~ all requirements, financial and otherwise, of the Torn of Picketing. This shall include, among other matters, the execution of a condominium agreement between the O~ner and the To~n of Pickerins, concerning such matters as follows: compliance with the municipality's approved site plan in terms of refuse collection, snow storase, driveway entrance maintenance, and fence 3. That prior to final approval of the plan~ the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the payment of service charges and/or development charges in accordance with Regional policies, maintaining unobatructad accasa to water meters for servicing by Reglonal personnel, and ensuring that any proposed metering changes shall be approved by the Region, and any costa related thereto shall be borne by the Owner. That Prior to final approval of this plan, the Ministry of the Environment shall advise that the registered condominium agreement between the To~n of Plckering and the Ovner contains the following clause regarding all of the units: "Purchasers are advised that noise levels may be of concern, occasionally interfering with soma activities of the dwelling That prior to final approval of this plan of condominium for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: a. To~n of Pickerlng, how Condition 2 has been satisfied; and b. Ministry of the Snvironment~ how Condition & has been satisfied. NOTRS TO DRAPT APPROVAL 1. As the Owner of the proposed condominium, it ia in your interest, as well as you- ~esponsibility, to satisfy a~ ~f the conditions of draft approval in an expeditious manner. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham.