HomeMy WebLinkAboutBy-law 3605/90 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3605/90
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
Lot 6, Plan 40M-1347, Picketing (Three Plus Two
Corporation; 18CDM-89001).
WHEREAS the proposal to register a plan of condominium on Lot 6, Plan 40M-1347, Pickering, has
be~n recommended for approval by the Council of The Corporation of the Town of Picketing and
approved by the Commissioner of Planning of the Regional Municipality of Durham as Draft Plan
18CDM-89001, subject to several conditions, one of which requires the entering into of a satisfactory
Condominium Agreemem with The Corporation of the Town of Picketing, pursuant to the provisions of
the Condominium Act, R.S.O. 1980, chapter 84, section 50(2) and the Planning Act 1983, S.O. 1983,
chapter 1, section 50(6);
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, between Three Plus Two Corporation and The Corporation of
the Town of Pickering, respecting the development of Lot 6, Plan 40M-1347, Picketing (Draft
Plan 18CDM-89001).
BY-LAW read a fa'st, second and third time and finally passed this 3rd day of December, 1990.
ayne ~,rtlm~, Mayor-
THE CORPORATION ~ THE TOWN OF PICKERINQ
BY-LAW NO. 3605/90
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
Lot 6, Plan 40M-1347, Pickering (Three Plus Two
Corporation; 18CDM-89001).
WltEREAS the proposal to register a plan of condominium on Lot 6, Plan 40M-1347, Pickering, has
been recmmnended for approval by the Council of The Corporation of the Town of Picketing and
approved by the Commissioner of Planning of the Regional Municipality of Durham as Draft Plan
18CDM-89001, subject to several conditions, one of which requires the entering into of a satisfactory
Condominium Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of
the Condominium Act, R.S.O. 1980, chapter 84, section 50(2) and the Planning Act 1983, S.O. 1983,
chapter 1, section 50(6);
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, between Three Plus Two Corporation and The Corporation of
the Town of Picketing, respecting the development of Lot 6, Plan 40M-1347, Picker'mg (Draft
Plan 18CDM-89001).
BY-LAW read a first, second and third time and finally passed this 3rd day of December, 1990.
TOWel "' ~'
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SCHEDULE A
THIS CONDOMIAEUM AGREEMENT made December 3rd, 1990,
BETWEEN:
THREE PLUS TWO CORPORATION
herein called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the proposal to register a plan of condominium of Lot 6, Plan 40M-1347, Picketing, in
accordance with Draft Plan of Condominium 18CDM-89001 has been recommended for approval by the
Council.of The Corporation of the Town of Picketing and approved by the Commissioner of Planning of
the Regional Municipality of Durham; and
WHEREAS, as a condition of that approval, the Owner is required to enter into an Agreement with the
Town, pursuant to the combined effect and authority of the Condominium Act, R.S.O. 1980, chapter 84,
section 50, and the Planning Act 1983, S.O. 1983, chapter 1, section 50;
NOW THEREFORE THIS AGREEMENT W1TNESSETH, 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:
I. The lands and premises affected by this Agreement (herein called the "l.~ads") are Lot 6, Plan
40M- 1347, Picketing.
2. No use shall he made of the Lands, or of any building or structure thereon, and no development,
as defined in section 40 of the Planning Act 1983, S.O. 1983, chapter 1, shall be undertaken on
the Lands except in conformity with this Agreement and with the following plans and drawings
(herein collectively called the "Plans"):
Last
~ ~ PI~ Date Revision
(a) Al Industrial Condominium Feb. 25/88 Nov. 24/88
(b) A-3 Elevations Undated Apr. 13/89
prepared by Govan Azzalino Architect, Inc. as Project No. 8820.
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 garbage and
refuse from the Lands and of snow from access ram~, driveways, p~rking and loading areas and
walkways on or adjacent to the Lands.
4. ( 1 ) For the purpose of guaranteeing the maintenance (for one year after the registration of the
Plan of Condominium) of the facilities and works required to he maintained under
section 3, above, the Owner shall provide to the Town, prior to the r~gis~atiun of this
Agreement, a security in the form of an irrevocable letter of credit issued by a chartered
bank in Canada in the amount of $8,000 and in a form satisfactory to the Town, 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 provide or maintain the
facilities, works or matters, as the case may he, to the Town's satisfaction.
(2) At the end of the one year guarantee period when the obligation to guarantee has expired,
the security shall he returned to the Owner subject to any deductions for failure to
maintain during the guarantee period.
5. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their
respective heirs, administrators, executors, successors and assigns.
IN WITNESS WHEREOF, the parties herein have hereunto affmed their corporate seals, duly attested
by their respective authorized officers.
SIGNED, SEALED & DELIVERED
THREE PLUS TWO CORPORATION
Fred Riel, President
THE CORPORATION OF THE TOWN OF PI~G
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUM~RANCER - BARCLAYS BANK OF CANADA
This Aireement shall have priority over and take precedence over all of Barclays Bank of Canada'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 interest 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 ,1990.
SIGNED, SEALED & D F~'.IVERED
BARCLAYS BANK OF CANADA
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