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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 "' ~' PlCKE?h:(; LEC,SL D:.J- 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 -2-