HomeMy WebLinkAboutBy-law 2819/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2819 /88
Being a by-law to authorize the execution of a
Site Plan Agreement respecting Part Lots 21, 24,
28, Blocks D, E and Simon Street, Plan M-1040,
Picketing (Parts 1 and 4, Plan 40R-11260),
(Sapphire Swan Ventures Corp.; S 9/88)
WHEREAS, as a condition of the approval of Site Plan Proposal S 9/88, the owner of
Part Lots 21, 24, 28, Blocks D, E and Simon Street, Plan M-1040, Pickering (Parts 1
and 4, Plan 40R-11260), (Sapphire Swan Ventures Corp.; S 9/88) is required to enter
into an appropriate Site Plan Agreement;
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 Site Plan Agreement,
in the form attached hereto as Schedule A, respecting the development of Part
Lots 21, 24, 28, Blocks D, E and Simon Street, Plan M-1040, Picketing (Parts 1
and 4, Plan 40R-11260), (Sapphire Swan Ventures Corp.; S 9/88).
BY-LAW read a first, second and third time and finally passed this 20th day of June,
1988.
Bruce Taylor ,~J~lerk
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2819 /88
Being a by-law to authorize the execution of a
Site Plan Agreement respecting Part Lots 21, 24,
28, Blocks D, E and Simon Street, Plan M-1040,
Pickering (Parts 1 and 4, Plan 40R-11260),
(Sapphire Swan Ventures Corp.; S 9/88)
WHEREAS, as a condition of the approval of Site Plan Proposal S 9/88, the owner of
Part Lots 21, 24, 28, Blocks D, E and Simon Street, Plan M-1040, Picketing (Parts 1
and 4, Plan 40R-11260), (Sapphire Swan Ventures Corp.; S 9/88) 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
Lots 21, 24, 28, Blocks D, E and Simon Street, Plan M-1040, Pickering (Parts 1
and 4, Plan 40R-11260), (Sapphire Swan Ventures Corp.; S 9/88).
BY-LAW read a first, second and third time and finally passed this 20th day of June,
1988.
TOWN OF
PICKERING
APPROVED
AS TO FORM
!LEGAL DEPT.
THIS AGREEMENT made this 20th day of June, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
SAPPHIRE SWAN VENTURES CORP.
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
Picketing 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")
are those parts of Lots 21, 24, 28, Blocks D, E and Simon Street, Plan M-1040,
Picketing, designated as Parts 1 and 4, Plan 40R-11260.
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");
(a) Drawing 1 - Site Plan, dated May 26, 1988;
(b) Drawing 3 - Elevations, Buildings 'A' and 'B' dated May 26, 1988;
prepared by Allan E. gessop Architect
(d) Planting Plan, dated May 27, 1988;
prepared by Chandler & Gray.
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. For the purpose 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 to the
issuance of a building permit, a security in the form of an irrevocable letter of
credit issued by a chartered bank in Canada in the amount of $50,000 which
security may he drawn upon by the Town in such amounts, and at such times
as t.he Town, in its sole discretion, deems advisable, should the Owner fail to
install and maintain for one year thereafter the said facilities or works 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, 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
John E. Anderson, Mayor
Bruce Taylor, Clerk
SAPPHIRE SWAN VENTURES CORP.
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 of them, prior to the registration of this
Agreement.
Dated at this day of , 1988.
SIGNED, SEALED & DELIVERED
MAGNA INTERNATIONAL (CANADA) INC.,
IN TRUST
- 2-
SUBJECT LANDS
Town of Pickering PLANNING DEPARTMENT[
Pro.~r~ o~on PART LOT 17. RANGE 3. B.F.C.
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