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Home My WebLink AboutBy-law 2980/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2980 /88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 18, !�i Range 3, B.F.C., Pickering, (Part 1, Plan 40R-10991), (Invar Corporation/Bri-Jan Holdings Limited; S 16/86). WHEREAS, as a condition of the approval of Site Plan Proposal S 16/86, the owner of ' that part of Lot 18, Range 3, B.F.C., Pickering, being Part 1, Plan 40R-10991, 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 SvSayor and Clerk are hereby authorized to execute a Site Plan Agreement, in the form attached hereto as Schedule A, respecting the development of that part of Lot 18, Range 3, B.F.C., Pickering, designated as Part 1, Plan 40R-10991; (Invar Corporation/Bri-Jan Holdings Limited; S 16/86). BY-LAW read a first, second and third time and finally passed this 19th day of December, 1988. � ,� �� t C%t/�� ...cc�r .�, , ayne Art •s, Mayor � �� •,�� C� Bruce Tay or, e TOWN OF PI^K�;;IiJG APPRUti'ED AS TO FORM ��ra� u�Pr. � THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2980 l88 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-10991), (Invar Corporation/Bri-Jan Holdings Limited; S 16/86). WHEREAS, as a condition of the approval of Site Plan Proposal S 16/86, the owner of that part of Lot 18, Range 3, B.F.C., Pickering, being Part 1, Plan 40R-10991, is required to enter into an appropriate Site Plan Agreement; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY F.NACTS 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 that part of Lot 18, Range 3, B.F.C., Pickering, designated as Part 1, Plan 40R-10991; (Invar Corporation/Bri-Jan Holdings Limited; S 16/86). BY-LAW read a first, second and third time and finally passed this 19th day of December, 1988. TOWN OF PICKFIZING APr RUL'ED AS TO FORM �: ca� THIS AGREEMENT made this 19th day of December, 1988. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - INVAR CORPORATION and BRI-SAN HOLDII3GS LIMITED herein collectively called the "Owner" OF THE SECOND PART. WHEREAS, by Instrument D275519, registered April 5, 1988, in the Land Registry Office for the Regiatry Division of Durham (No. 40), Invar Corporation, as to a 25$ intereat, and Bri-Jan Hoidings Limited, as to a 75$ interest, are the owners, in fee simple of that part of the Lands designated as Part 1, Plan 40R-10991; and WHEREAS, (a) by Inetrument D191958, regiatered February 18, 1985, in that Office, 572206 Ontario Limited, as to a 25$ interest and Bri-Jan Holdings Limited, as to a 75$ intereat, became the registered owners, in fee simple, of that part of the Lands, now designated as Parts 1 and 2, Plan 40R-9410; (b) by Inetrument D239099, registered January 9, 1987, in the General Regis- ter in that Office, it is indicated that 572206 Ontario Limited had amal- gamated with another company to form Pennel Developments Limited; (c) by Inatrument D239100, regiatered January 9, 1987, in that Register in that Office, it is indicated that Pennel Developments Limited had amal- gamated with other companies to form Eaglebrook Corporation; (d) by Instrument D239101, registered January 9, 1987, fn that Register in that Office, it is indicated that Eaglebrook Corporation had changed its name to Invar Corporation as a result of which Invar Corporation, as to a 25$ interest, and Bri-Jan Holdinga Limited as to a 75$ interest, are the ownera, in fee aimple. of that part of the Lands, now deaignated as Parts 1 and 2, Plan 40R-9410; WHEREAS pursuant to the proviaions of the predecessor of section 40 of the Planning Act, R.S.O. 1960, 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 Pickering as a site plan control area; and WHEREAS therefore, the Town requirea the Owner to enter into an Agreement with it prior to the development, including redevelopment, of the said lands and the erection, construction and inatallation of buildings, structures, facilities and works thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETEI that in consideration of mutual benefits, the Partiea hereto agree as follows: 1. The land and premiaes affected by this Agreement (herein called the "Lands") is that part of Lot 18, Range 3, B.F.C., Pickering, designated as Parts 1 and 2, Plan 40R-9410 and Part 1, Plan 40R-10991. 2. No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the fol3owing plans and drawings (herein collectively called the "Plans"): (a) A1 - Site Plan, dated May, 1986, last revised July 25, 1986; (b) A4 - Elevations, dated June, 1986, no revisions; prepared by Kelman McQuire Asaociates, Architects, (c) 8822-A1 - Site Plan - Phase I and II, dated August, 1988, last reviaed October 31, 1988; (d) 8822-A4 - Elevationa - Phase I, dated August, 1988, last revised November 5, 1988; . (e) 8822-A7 - Elevationa - Phase II, dated August, 1988, last revised September 22, 1988; (f) 8822-L1 - Landscape Plan, Phases I and II, dated August, 1988, last revised October 31, 1988, prepared by Akitt & Swanaon, Architects. 3. The Owner ahall maintain, in conformity with the Plans, to the Town's satisfac- tion and at the sole risk and expenee of the Owner, all of the facilities and works that are both shown on the Plans and located on the Lands, and shall enaure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. 4. Eor the purpoae of guaranteeing the installation and maintenance for one year thereafter, by the Owner, of the facilities and works required to be maintained under section 3, above, the Owner shall provide to the Town, prior io the isauance of a building permit. a security in the form of an irrevocable letter or lettera of credit isaued by a chartered bank in Canada in the aggregate amount of $23,000.00 which security may be drawn upon by the Town in such amounts, and at auch times as the Town, in its sole discretion, deems advisable, should the Owner fail to inatall and maintain for one year thereafter the said facilities or worka to the Town's satiafaction. 5. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their reapective heira, executors, successors and assigns. IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING ayne rt urs, ayor Bruce aylor, ler INVAR CORPORATION - 2 - BRI-JAN HOLDINGS LIMITED ENCUMBRANCER - THE TORONTO-DOMINION BANK This Agreement shall have priority over and take precedence over all of The Toronto-Dominion Bank's rights or interests, whether or not any such right or inter- est was eatablished or aroae prior to the date hereof and whether or not such right or interest is aet out in or ariaes by virtue of any instrument or document regietered on title to the ]anda affected hereby, or any part of them, prior to the regiatration of thia Agreement. Dated at thia day of , 1988. SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION SANK ENCUMBRANCER - CONFEDERATION LIFE INSURANCE COMPANY Thia Agreement ahall have priority over and take precedence over all of Confederation Life Insurance Company's rights or interests, whether or not any such right or interest was eatabliahed or arose prior to the date hereof and whether or not such right or intereat is set out in or ariaes 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 , 1988. SIGNED, SEALED & DELIVERED CONFEDERATION LIFE INSURANCE COMPANY - 3 - 0 � a �— z 0 � A d 8 8 Town of Pickering PropertY DefcrlPllon �� f. OWnN r/f.IUl41L G[�C ppp��ot�on No. S I % �i1/_ 0 1Y�1 O¢ m Dele Scal� 9 PLANNING DEPARTMENT qawn 8y CMeksd By N �' . . .: :, '::: .. . , . , . , . . . . . �. 7.. . ' . . � . ' ' . � � . . ; . ' �', � . _� .1