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HomeMy WebLinkAboutBy-law 2766/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2766 /88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 18, Range 3, B.F.C., Pickering (Part 1, Plan 40R-1009), (Schwartz Chemical of Canada Limited; S 1/73 (R87)) WHEREAS, as a condition of the approval of Site Plan Proposal S 1/73 (R87), the owner of Part Lot 18, Range 3, B.F.C., Pickering (Part 1, Plan 40R-1009), is required to enter into an appropriate Site Plan Agreement; 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 Site Plan Agreement, in the form attached hereto as Schedule A, respecting the development of Part Lot 18, Range 3, B.F.C., Picketing, (Part 1, Plan 40R-1009) (Schwartz Chemical of Canada Limited; S 1/73 (R87)) BY-LAW read a first, second and third time and finally passed this 2nd day of May, 1988. TOWN OF PICKERING APPROVED THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2766 /88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 18, Range 3, B.F.C., Pickerin g (Part 1, Plan 40R-1009), (Schwartz Chemical of Canada Limited; S 1/73 (R87)) WHEREAS, as a condition of the approval of Site Plan Proposal S 1/73 (R87), the owner of Part Lot 18, Range 3, B.F.C., Picketing (Part 1, Plan 40R-1009), is required to enter into an appropriate Site Plan Agreement; 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 Site Plan Agreement, in the form attached hereto as Schedule A, respecting the development of Part Lot 18, Range 3, B.F.C., Picketing, (Part 1, Plan 40R-1009) (Schwartz Chemical of Canada Limited; S 1/73 (R87)) BY-LAW read a first, second and third time and finally passed this 2nd day of May, 1988. r~ ~nd~l~oh; l~ayor/, TOWN OF PICKERING APPROVED SCHEDULE A THIS AGREEMENT made this 2nd day of May, 1988. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - SCHWARTZ CHEMICAL OF CANADA LIMITED herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of Pickering enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Picketing as a site plan control area; and WHEREAS therefore, the Town requires the Owner to enter into an Agreement with it prior to the development, including redevelopment, of the said lands and the erection, construction and installation of buildings, structures, facilities and works thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual benefits, the Parties hereto agree as follows: 1. The land and premises affected by this Agreement (herein called the "Lands") is that part of Lot 18, Range 3, Broken Front Concession, Picketing, designated as Part 1, Plan 40R-1009. 2. No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans" ): prepared by Kirby Structures, Engineers and Contractors. (a) Drawing No. 87-637-1 - Site Plan, last revised September 15, 1987; (b) Drawing No. 87-637-2 - Elevations, dated May, 1987. 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 located on the Lands, and shall ensure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. 4. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORI~ORAT, ION OF THE TOWN OF PICKERING  .' ndL~isof~, M/yqSr - e Taylor, Clerk SCHWARTZ CHEMICAL OF CANADA LIMITED ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer'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 o£ them, prior to the registration of this Agreement. Dated at this day of , 1988. SIGNED, SEALED & DELIVERED CIBC MORTGAGE CORPORATION - 2- LANDS Town of Pickering PLANNING DEPARTMENT Pm~.~ oee=~. PART LOT 18 BFC RANGE 3 own.~ SCHWARTZ CHEMICAL Date JULY 25/67 Or.w. By ~O A~et~ ~. $1/73 (R87) s=e~* l=7500 Ch~c~ ay