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HomeMy WebLinkAboutBy-law 2824/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2824 /88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 16, Range 3, B.F.C., Pickering (Part 2, Plan 40R-10650), (David Brown Gear Industries Inc. S 7/88). WHEREAS, as a condition of the approval of Site Plan Proposal S 7/88, the owner of Part Lot 16, Range 3, B.F.C., Picketing (Part 2, Plan 40R-10650), (David Brown Gear Industries Inc.; S 7/88) 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 Lot 16, Range 3, B.F.C., Pickering (Part 2, Plan 40R-10650), (David Brown Gear Industries Inc.; S 7/88) BY-LAW read a first, second and third time and finally passed this 27th day of June, 1988. TOWN OF J )ICKERING J / PPROV[.D J THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2824 /88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 16, Range 3, B. F. C., Pickering (Part 2, Plan 40R-10650), (David Brown Gear Industries Inc. S 7/88). WHEREAS, as a condition of the approval of Site Plan Proposal S 7/88, the owner of Part Lot 16, Range 3, B.F.C., Picketing (Part 2, Plan 40R-10650), (David Brown Gear Industries Inc.; S 7/88) 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 Lot 16, Range 3, B.F.C., Picketing (Part 2, Plan 40R-10650), (David Brown Gear Industries Inc.; S 7/88) BY-LAW read a first, second and third time and finally passed this 27th day of June, 1988. ToWN oF 3ICKERING pPROVED LEGAL DEP] Schedule A 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 - DAVID BROWN GEAR INDUSTRIES INC. 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") is that part of Lot 16, Range 3, B.F.C., Picketing, designated as Part 2, Plan 40R-10650. 2. No development, including redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings prepared by John Wheelwright Limited (herein collectively called the "Plans"); (a) Drawing 87-3660-1 - Plot Plan, dated June 16, 1988; (b) Drawing 87-3660-2 - West End Site Plan dated June 16, 1988; (c) Drawing 87-3660-8 - Office Elevations, dated May 3, 1988; (d) Drawing 87-3660-9 - Elevations - Plant, dated May 3, 1988. 3. The Owner shall maintain7, 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 waikways. 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 $20,0~)0 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 install and maintain for one year thereafter the said facilities or works to the Town's satisfaction. 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 DAVID BROWN GEAR INDUSTRIES INC. - 2 - iUBJECT LANDS Town of Pickering PLANNING DEPARTMENT r,r~m.~, o~ PART OF LOT 16, RANGE 3~ B.F.C. GEAR INDUSTRIES O.~. MAR. 28/88 o~.~m ~ HE& &ppllc~tlon NO. S7/88 Scale 1,75OO Ch,ck~ ~ The Town of Picketing LEGAL DEPARTMENT David Brown Gear Industries Inc. - Part Lot 16, Range 3, B.F.C. -,(Part 2, Plan 40R-10650) ...... Site Plan Agreement