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HomeMy WebLinkAboutBy-law 3433/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3433 /90 Being a by-law to authorize the execution of a Condominium Agreement respecting the develop- ment of Part Lot 19, Range 3, B.F.C., Picketing (Draft Plan 18CDM-89013; City ~ State Develop- ment Corporation). WHEREAS the proposal to subdivide and register a plan of condominium of Part Lot 19, Range 3, B.F.C., Picketing, has been approved by the Council of The Corpo- ration 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 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 Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 19, Range 3, B.F.C., Pickering, included in Draft Plan 18CDM-89013. BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. Way ne - Ai',t,t~ur s, Mayor /Brffce Taylor/, Cl~k THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3433 /90 Being a by-law to authorize the execution of a Condominium Agreement respecting the develop- ment of Part Lot 19, Range 3, B.F.C., Picketing (Draft Plan 18CDM-89013; City & State Develop- ment Corporation). WHEREAS the proposal to subdivide and register a plan of condominium of Part Lot 19, Range 3, B.F.Co, Pickering, has been approved by the Council of The Corpo- ration 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 Condominium Agreement with The Corporation of the Town of Pickering; 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 Agree- ment, in the form attached hereto as Schedule A, respecting the development of that part of Lot 19, Range 3, B.F.C., Picketing, included in Draft Plan 18GDM-89013. BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. rs, Mayor SCHEDULE A THIS AGREEMENT made this 19th day of March, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - CITY & STATE DEVELOPMENT CORPORATION herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner proposes to register a plan of condominium on that part of Lot 19, Range 3, B.F.C., Pickering, designated as Part 1, Plan 40R-2328, in accordance with Draft Plan of Condominium 18CDM-89013; 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 pro]ect; 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 a'ffected by this Agreement (herein called the "Lands") is that part of Lot 19, Range 3, B.F.C., Picketing, designated as Part 1, Plan 40R-2328. 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.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 No. Plan Title Plan Date Last Revised (a) Al00 Site Layout Plan Oct., 1988 Dec. 14, 1989 and Details (b) Al02 Elevations Sept., 1988 Feb. 15, 1990 prepared by David Sin, Architect. (c) L1 Landscape Plan June 13, 1989 Not revised prepared by Reed Olsen Landscape Architects. 3. The Owner shall maintain, in conformity with the Plans, to the Town's satisfac- tion 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, 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 walk- ways 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 Condo- minium) of the {acilities 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 $2,000, 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. 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 affixed their corporate seals, duly attested by their respective authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Bruce Taylor, Ulai-k ............................... CITY & STATE DEVELOPMENT CORPORATION ENCUMBRANCER This Agreement shall have priority over and take precedence over all of The Royal Bank of Canada'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 inter- est is set out in or arises by virtue of any 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 day of , 1990. SIGNED, SEALED & DELIVERED THE ROYAL BANK OF CANADA - 2- J 6. DRAFT PLAN OF CONDOMINIUrl 18-CD)t-89013 SUBHITTED BY CITY & STATE DEVELOPMENT CORP. ON THE WEST SIDE OF BROCK ROAD, SOUTH OF QUIGLEY STREET ~bO'.~ FILE NUMBER-B 4100 - 18-CDM-89013 That Town Council recommend to Regional Council that Draft Plan of Condominium 18-CDM-89013, submitted by City & State Development Corporation on lands being Part of Lot lg, Range 3, B.F.C., Town of Picketing, be APPROVED subject to the following conditions: 1. That this recommendation apply to the plan prepared by the P. Salna Company Ltd., dated April ll, lgSg, as revised in red and bearing the Town's reconmnendatton stamp. 2. That prior to final registration of this plan: ia) The Applicant submit a Draft Durham Condominium Plan, which incorporates the revisions requested by the Town to bring the condominium plan in compliance with the approved site plan, for review and approval by the Town's Planning Departnmnt. 6. (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 Deparimmnts confirm, through a final inspection, that the development complies with the Ontario Building Code And the Ontario Fire Code. (e) The applicant enter into an appropriate condominium agreement 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. COUNCIL SEP 18 I~a~ .tttachment to letter dated November 17, 1989 From: Dr. M. Michael, Commissioner of Planning To: City and State Development Corporation Re: Plan of Condominium 18CDM-89013 Town of Picketing CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF CONDOMINIUM ARE AS FOLLOWS: 1. That this approval applies to draft plan of condominium 18CDMo89013, prepared by P. Salna Company Ltd., identified as number 88-129 dated April 11, 1989 by the surveyor, showing an 11-unit industrial building to'be developed with condominium tenure. 2. That the Owner satisfy all statutory requirements, financial and otherwise, of the Regional Municipality of Durham. In this regard, the Owner will be responsible for the payment of service charges and/or development charges in accordance with Regional Policies. 3. That the Condominium Authority agrees to maintain unobstructed access to existing water meters for servicing by Regional personnel. 4. That any metering changes proposed by the Condominium Authority be approved by the Region and all costs involved in the rearrangement shall be at the Condomi ni um Authority ' s expense.  That prior to final registration of this the Owner shall satisfy the plan, following requirements of the Town of Pickering. OThe Owner shall submit a Draft Durham Condominium Plan, which incorporates the revisions requested by the Town, to bring the condominium plan in compliance wi th the approved site plan, to the Town of Pickering foC review and approval. The Owner shall complete all of the general on-site works, including landscaping, fencing, lighting and surface treatment, to the satisfaction of the Town of Pickering. OThe Owner's professional engineer shall provide a certificate stating that the parking facilities and internal roads have been constructed in accordance wi th the standards and specifications of the site plan Oapproved by the Town of Picketing. 'The Owner shall ensure that the development complies with the Ontario Building Code and the Ontario Fire ~ode, through final inspections by the ' Town's Building and Fire Departments. The Owner shall enter into an appropriate condominium agreement 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; and ii) cooperation with the Town in such areas as refuse collection, snow storage, driveway entrance maintenance and fence maintenance. 6. That prior ~a final apprevel, the Commissioner cf ?l&nning for the Region of ~)urham shall .-e advised in writing by; a) Town cf ~ickerin~, how conditions 5 al, b), c), d) and e) !:ave been sari s fi );OTES TO DRAFT APPROVAL 1. As owner of the proposed condominium, it is in your best interest, as well as your responsibility, to satisfy all conditions .of approval in an expeditious manner.