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Home My WebLink AboutBy-law 2904/88CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2904 �gg Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 30, Range 3, B.F.0 „ Pickering, (Parts 1-5, Plan 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3-4, 22-26, Plan 40R-4830), (Purdue Frederick Inc.; S 20/88) WHEREAS, as a condition of the approval of Site Plan Proposal S 20/88, the owner of that part of Lot 30, Range 3, B.F.C., Pickering, being Parts 1-5, 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3-4, 22-26, Plan 40R-4830, 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 that part of Lot 30, Range 3, Pickering, being Parts 1-5, 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3-4, 22-26, Plan 40R-4830 (Purdue Frederick Inc.; S 20/88). BY-LAW read a first, second and third time and finally passed this 3rd day of October, 1988. _�?-�_��.,� John E. Anderson, 1�� ,- � j �� Br e ay or, e THIS AGREEMENT made this 3rd day of October, 1988. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" -and- PURDUE FREDERICK INC. herein called the "Owner" OF THE FIRST PART, 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 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 installation of buildings, structurea, 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 30, Range 3, Pickering, designated as Parts 1-5, Plan 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3, 4, 22-26, Plan 40R-4830. 2. 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) A-1 - Site Plan, dated September 19, 1988; (b) A-7 - Office Elevations, dated July 8, 1988; (c) A-8 - Plant Elevations, dated July 8, 1988; prepared by Finley W. McLachlan Construction Co. L'united, (d) 1 of 3- Grading Plan, dated September 7, 1988; (e) 2 of 3- Planting Plan, dated September 7, 1988; (f) 3 of 3- Construction Detail, May 12, 1988; prepared by Alexander Budrevics & Associates Limited. 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 worka 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 iaeued by a chartered bank in Canada in the amount of $110,000.00 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 satiafaction. 5. This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, successoxs and assigna. IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPQRATIQN QF THE TQWN OF PICKERING o n . n erson, ayor ruce ay or, er PURDUE FREDERICK INC. 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- eat 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 BANK OF MONTREAL - 2 - 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 arisea 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 THE BANK OF NOVA SCOTIA � - 3 - THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2904 /88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 30, Range 3, B.F.C., Pickering, (Parts 1-5, Plan 40R-8457, Parts 28-32, Plan 40R-47I5 and Parts 3-4, 22-26, Plan 40R-4830), (Purdue Frederick Inc.; S 20/88) WHEREAS, as a condition of the approval of Site Plan Proposal S 20/88, the owner of that part of Lot 30, Range 3, B.F.C., Pickering, being Parts 1-5, 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3-4, 22-26, Plan 40R-4830, 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 that part of Lot 30, Range 3, Pickering, being Parts 1-5, 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3-4, 22-26, Plan 40R-4830 (Purdue Frederick Inc.; S 20/88). BY-LAW read a first, second and third time and finally passed this 3rd day of October, 1988. TOWN OF PICKERING APPROVED ,S TO FQRP LEGAL D'cP7. THIS AGREEMENT made this 3rd day of October, 1988. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" -and- PURDUE FREDERICK INC. herein called the "Owner" OF THE FIRST PART, 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 Pickering enacted By-Law 1079/SO 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 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 30, Range 3, Pickering, designated as Parts 1-5, Plan 40R-8457, Parts 28-32, Plan 40R-4715 and Parts 3, 4, 22-26, Plan 40R-4830. 2. 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) A-1 - Site Plan, dated September 19, 1988; (b) A-7 - Office Elevations, dated July 8, 1988; (c) A-8 - Plant Elevations, dated July 8, 1988; prepared by Finley W. McLachlan Construction Co. Limited, (d) 1 of 3- Grading Plan, dated September 7, 1988; (e) 2 of 3- Planting Plan, dated September 7, 1988; (f) 3 of 3- Construction Detail, May 12, 1988; prepared by Alexander $udrevics & Associates Limited. 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 $110,000.00 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. 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 Jo n . n erson, layor Bruce ay or, er PURDUE FREDERICK INC. 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 BANK OF MONTREAL - 2 - 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 THE BANK OF NOVA SCOTIA - 3 -