HomeMy WebLinkAboutBy-law 3458/90 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 3458/90
Being ~ by-law to authorize the execution of a
Condominium Agreement respecting the development of
Part Lot 21, Concession 1, Pickering (Draft Plan
18CDM-89018; (Discovery Place, Building 'B').
WHEREAS, the proposal to register a Plan of Condominium of Part Lot 21, Concession 1,
Pickering (Parts 17, 18 and 19, Plan 40R-10070) has been approved by the Council of The
Corporation of the Town of Pickering and the Regional Mumcipality 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 that part of Lot
21, Concession 1, Picketing, (Parts 17, 18 and 19, Plan 40R-10070) ~n accordance with
Draft Plan 18CDM-89018 (Discovery Place, Building 'B').
BY-LAW read a first, second and third time and finally passed this 7th day of May, 1990.
Wayne Artl:m~s, Mayor
Bruce Taylor, Clerhr'
TOWN CF
PlCKEt~NG
APPROVED
LEGAL DEP~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 3458/90
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
Part Lot 21, Concession 1, Picketing (Draft Plan
18CDM-89018; (Discovery Place, Building 'B').
WHEREAS, the proposal to register a Plan of Condominium of Part Lot 21, Concession 1,
Pickering (Parts 17, 18 and 19, Plan 40R-10070) has been appr. oved 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 Condominium
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 form attached hereto as Schedule A, respecting the development of that part of Lot
21, Concession 1, Pickering, (Parts 17, 18 and 19, Plan 40R-10070) in accordance with
Draft Plan 18CDM-89018 (Discovery Place, Building 'B').
BY-LAW read a first, second and third time and finally passed this 7th day of May, 1990.
Wayne Attains, Ma~yor
TOWN CF
PICKER~NG
[APPROVED
LEGAL DEPI'
Schednle A
THIS AGREEMENT made May 7th, 1990.
BETWEEN:
THE CORPORATION OF THE TOWN QF PICKERING
herein called the 'Town"
OF THE FIRST PART,
- and -
DISCOVERY PLACE LIMITED
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Ow.ncr proposes to register a plan of condominium on that part of Lot 21,
Concession 1, Pickenng, designated as Parts 17, 18 and 19, Plan 40R-10070, in accordance with
Draft Plan of Condominium 18CDM-89018; and
WHEREAS, as a condition of the Regional Municipality of Durham's approval of that draft
plan, the Owner is reqmred to enter into an Agreement pursuant to section 50(6)'of the Planning
Act 1983, S.O. 1983, c. 1, with the Town dealing with and ensuring continued compliance with
certain plans and drawings respecting the project;
NOW THEREFORE, THIS AGREEMENT WrFNESSETH 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 affected by this Agreement (herein called the "Lands") are that part
of Lot 21, Concession 1, Picketing, designated as Pans 17, 18 and 19, Plan 40R-10070.
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 ~e Pl.a~.ning ~lct 1983, S.O. 19.83, c.1, shall be
undertaken on the Lands except in confornuty vath thi,,s Agreement and wath the following
plans and drawings (herein collectively called the "Plans ):
Plan No. Plan Title Plan Date Last Rq:vised
(a) L1 Grading Plan December, 1988 February 9, 1989
(b) 12 Planting Plan December, 1988 January 26, 1989
(c) L3 Lig~hting and December, 1988 January 26, 1989
Irngation Plan
(d) L-4 Layout Plan December, 1988 February 27, 1990
(e) D5 Details July, 1988 February 27, 1990
(f) L.6 Details July, 1988 September 29, 1989
(g) L.7 Plant List and July, 1988 January 19, 1989
Details
(h) L-8 Walls, Colnmns and November, 1988 October 19, 1989
Metal Fence
(i) L-9 Wall and Column November, 1988 November 1, 1989
Details
Plan No. Plan Title Plan Date Last Revised
0) L-10 Details undated not revised
(k) L-II Pool Terrace May, 1989 not revised
(1) A-1 Site Plan August 3, 1988 November 23, 1989
(m) A2 1st Level U/G Garage August 3, 1988 August 11, 1989
(n) A3 2nd Level U/G Garage August 3, 1988 March 15, 1989
(o) A-15 East Elevation August 3, 1988 November 15, 1989
(p) A-16 West Elevation August 3, 1988 November 15, 1989
(q) A-17 North, South Elevation August 3, 1988 November 22, 1989
and Building Section
The plans referred to in items (a) to (k) having been prepared by Milus Bollenberghe
Topps Watchorn Landscape Architects and the plans referred to in Items (I) to (q) having
been prepared by Burka Architects.
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 serve or are located on the Lands, and shall ensure the timely removal of
[oarbage and refuse from the Lands .a. nd of snow from access ramps, driveways, parking and
ading 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 r.egis.tration of the Plan of Condominium) of
the facilities and works required to be matntamed under section 3, above,
the Owner sh.all [~rovide. to t. he Tow~,.. p.rior to the re, gis. tration of th.e Plan of Co.ndomi~niu .m,
a security in tl~e torm or an lrrevo, canie letter o.~ crea~t issued by a cnarte.red bank in canaaa
in the amount of $100,000, .and m a form satisfactory to the Town, which security may be
drawn upon by the Town tn such amounts, and at such ti.re, es as the T.own, in its sole
discretion, deems advisable, should the Owner fail t.o 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 successors and assigns.
SIGNED, SEALED & DELIVERED
DISCOVERY PLACE LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - CANADA TRUSTCO MORTGAGE COMPANY
This Agreement shall h. ave priority over and take precedence over al! of Canada Trustco
Mortgage Company's .rights or interests, whether or not any such right or interest was
established or ar?se prior to t.he date hereof and whether or not such .right or interest is set out
in or arises by v~rtue of any instrument or. document registered on title to the lands affected
hereby, or any part of them, prior to the reg~stratlon of this Agreement.
Dated at this day of ,1990.
SIGNED, SE.,,ILED & DELIVERED
CANADA TRUSTCO MORTGAGE COMPANY
ENCUMBRANCER - THE MORTGAGE INSURANCE COMPANY OF CANADA
This Agreement shall have priority ove. r and take precedence over all of The Mortgage
Insurance Company of Canada's rights or interests, whether or not any s. uch rig.h, t or interest was
established or arose prior to t.he date hereof and whether or not such .right or interest is set out
in or arises by virtue of any ~nstrument or doc.ument 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, SEALED & DELIVERED
CANADA TRUSTCO MORTGAGE COMPANY