HomeMy WebLinkAboutBy-law 3542/90 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 3542/90
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
that part of Lot 16, Range 3, B.F.C., Picketing designated as
Pan 4, Plan 40R-10650 (Squires Beach Industrial Centre
Inc )
WHEREAS the proposal, to subdivide and register a plan of condominium of that part Lot 16,
Range 3, B.F.C., Pickermg, designated as Part 4, Plan 40R-10650, has been approved by the
Council of The Corporation oftbe Town of Pickering and the Regional Municipality of
Durham subject to several conditions, one of which reqmres the entering into of a satisfactory
Condominium Agreement with The Corporation of the Town of Pickering;
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, respecting the development of that part of Lot
16, Range 3, B.F.C., Pickering, designated as Part 4, Plan 40R-10650, included in Draft
Plan 18CDM-89023.
BY-LAW read a first, second and third time and finally passed this 17th day of September,
1990.
'Bruce Taylors,{21er~t/
THE CORPORATION OF THE TOWN OF PICKERINO
BY-LAW NO, 3542/90
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
that part of Lot 16, Range 3, B.F.C., Pickedng~ designated as
Part 4, Plan 40R-10650 (Squires Beach Indastdal Centre
Inc.)
WHEREAS the proposal to sub.divide and register a plan of condominium of that part Lot 16,
Range. 3, B.F.C., Pickerin~, designated as Part 4, Plan 40R-10650, has been approved by the
Council of The Corporation of the Town of Pickering and the Regional Municipality of
Durham subject to several c.onditions, one of which requires the entering into of a satisfactory
Condominium Agreement w~th The Corporation of the Town of Pickering;
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, respecting the development of that par.t of Lot
16, Range 3, B.F.C., Pickering, designated as Part 4, Plan 40Ro10650, included m Draft
Plan 18CDM-89023.
BY-LAW read a first, second and third time and finally passed this 17th day of September,
1990.
Wayne Artbaffs, Mayor
~'OWN ~F
PICKERING
APPROV£D
LEGAL DEP~
THIS AGREEMENT made this 29th day of August, 1990.
BETWEEN:
THE CORPORATION OF THE TOWN OF PI~KERINO
herein called the '~Fown"
OF THE FIRST PART,
- and -
$OUIRES BEACH INDUSTRIAL CENTRE lNG,
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on that part of Lot 16, Range
3, B.F.C., Pickering, designated as Part 4, Plan 40R-10650, in accordance with Draft Plan of
Condominium 18CDM-89023; and
WHEREAS therefore, as a condition of the Regional Municipality of Durham's approval of that
draft plan, the Owner is require.d to enter into an Agreement with the Town d. ealing with and
ensuring continued compliance with certain plans and drawings respecting the project;
NOW THEREFORE THIS AGREEMENT WITNESSETH, 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:
1. The land and premises affected by this Agreement (herein called the "Lands") are that part
of Lot 16, Range 3, B.F.C., Pickering, designated as Part 4, Plan 40R-10650.
2. No use shall be made of the Lands, or of any b.uilding or structure thereon, and no
development, as defined in section 40 of th.e Pl.annmg Act 1983, S.O. 1983, c. 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
P10n NO, PI0n Title Plan Date Revision
(a) A1 Site Plan May/88 July 21/89
(b) A3.a Elevations (Building 'A') July/88
(c) A3. Elevations (Building 'B') July/88
prepared by Chelin & Associates.
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
garb.age and refuse from the Lands and of snow from access ramps, driveways, parking and
loading areas and walkways on or adjacent to the Lands.
4. For the purpose of guaranteeing,
(a) the provision of the facilities, works or matters shown on the Plans, and
(b) the mainte,nance (for one year after the registration of the Plan of Condominium)
of the facihties and works required to be maintained under section 3, above,
the Owner shall provide to the Town, prior to the registration of the Plan of
Condominium, a security in the form of an irrevocable letter of credit issued by a
chartered bank in Canada in the amount of $20,000 and in a form satisfactory to the Town,
which security may be ~rawn upon by the Town in such amounts and at such times as the
Town, in !ts sole discretion, deems advisable, should the Owner fail to provide or maintain
the facilities, works or matters, as the case may be, 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, administrators, executors, successors and assigns.
IN WITNESS WHEREOF, the parties herein have hereunto affixed their corporate seals, duly
attested by their respective authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
SQUIRES BEACH INDUSTRIAL CENTRE INC.
Louis Chelin, Secretary
Marvin Kalifer, President
ENCUMBRANCER - THE TORONTO-DOMINION BANK
This Agreement shall have priority over and take precedence over all of The Toronto-Dominion
Bank'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.
SIGNED, SEALED & DELIVERED
THE TORONTO-DOMINION BANK
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