HomeMy WebLinkAboutBy-law 4051/92 THE (~QRPORAT!ON OF THE TOWN OF PICKERING
BY-LAW NO. 405!/92
Being a bydaw to authorize the execution of a
Development Agreement Amending Agreement between
833752 Ontario btc., carrying on business as Pickering
Medical Developments, the Canadian Imperial Bank of
Commerce and the Town respecting the development of
part of Lots 21 and 22, Concession 1, Pickering
(south-east corner, Glenanna Road and Kingston Road;
S4/88(R92)).
WHEREAS, as a condition of the withdrawal of an appeal by The Corporation of the Town of Picketing
of Durham Land Division Committee Decision LD 53/89, 833752 Ontario Inc., carrying on business as
Pickering Medical Developments, the Canadian Imperial Bank of Commerce and The Corporation of
the Town of Picketing entered into a Development Agreemem pursuant to the provisions of the
predecessor of the Planning Act, R.S.O. 1990, chapter P.13, and the predecessor of the Municipal Act,
R.S.O. 1990, chapter M.45, respecting the development of those parts of Lots 21 and 22, Concession 1,
Pickering, designated as Parts 1 to 7 and 10 to 15, Plan 40R-13512; and
WHEREAS it is desirable to amend that agreement in order that the development may proceed as two
separate buildings as opposed to one integrated building;
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 Development Agreement Amending
Agreement, in the form attached hereto as Schedule A, between 833752 Ontario Inc., carrying
on business as Pickering Medical Developments, the Canadian Imperial Bank of Commerce
and The Corporation of the Town of Picketing, amending the Development Agreement
between them dated January 23, 1992, respecting the development of those parts of Lots 21 and
22, Concession 1, Picketing, designated as Parts 1 to 7 and 10 to 15, Plan 40R-13512.
(S4/88(R92))
BY-LAW read a first, second and third thne and finally passed this 29th day of June, 1992.
TOWN Of
PICKERING
APPROVED
AS 10 FORM
LEGAL DEPt.
THIS DEVELOPMENT AGREEMENT AMENDING AGREEMENT made June 29, 1992,
BETWEEN:
833752 ONTARIO INC.,
carrying on business as
PICKERING MEDICAL DEVELOPMENTS
herein called "PMD"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART,
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
herein called the "Bank"
OF THE THIRD PART.
WHEREAS PMD and the Bank propose to develop part of Lots 21 and 22, Concession 1, Pickering,
through the construction of two separate buildings, being an office building and a bank building, on
separately owned lots; and
WHEREAS, as a condition of Durham Land Division Committee Decision LD 450/90, PMD and the
Bank entered into a Development Agreement dated January 23, 1992, with the Town pursuant to the
provisions of section 51 of the Planning Act, R.S.O. 1990, chapter P.13, which Agreement was
registered January 31, 1992, in the Land Registry Office for the Registry Division of Durham as
Instrument D380664, and Notice of which Agreement was registered January 31, 1992, in the Land
Registry Office for the Land Titles Division of Durham as Instruments LT581624 and LT581625; and
WHEREAS it is desirable to amend that Agreement in order that the development may proceed as two
separate buildings as opposed to one integrated building;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
concurring in the proposed development as two separate buildings, and in consideration of the sum of
$2.00 now paid by each Party to each other Party (receipt of which from each is hereby acknowledged
by each), the Parties hereto covenant and agree as follows:
1. LANDS AFFECTED
The lands affected by this Agreement (the "Lands") are those parts of Lots 21 and 22,
Concession 1, Picketing, designated as Parts I to 7, both inclusive, and 10 to 15, both inclusive,
Plan 40R-13512.
2. REGISTRATION OF AGREEMENT
(1) PMD shall permit the Town to register this Agreement, or notice of this Agreement, on
title to PMD's Lands.
(2) The Bank shall permit the Town to register this Agreement, or notice of this Agreement,
on title to the Bank's Lands.
3. INTERPRETATION
In this Agreement, the term,
(a) "Bank's Lands" has the same meaning as that ascribed to it in the Development
Agreement, that is, that part of the Lands designated as Parts I to 7, both inclusive, Plan
40R-13512,
(b) "PMD'$ Lands" has the same meaning as that ascribed to it in the Development
Agreement, that is, that pm't of the Lands designated as Parts 10 to 15, both inclusive,
Plan 40R-13512, and
(c) "Development Agreement" means the agreement dated January 23, 1992, between
PMD, the Town and the Bank, which was registered January 31, 1992, in the Land
Registry Office for the Registry Division of Durham as Instrument D380664, and
Notice of which was registered January 31, 1992, in the Land Registry Office for the
Land Titles Divisi6n of Durham as Instruments LT581624 and LT581625.
This Agreement and the Development Agreement, as amended hereby, and everything contained
herein and therein, shall enure to the benefit of and be binding upon the Parties hereto, their
successors and assigns.
5, PERMITTED DEVELOPMENT (Development Agreement - Section 21~
Section 21 of the Development Agreement is hereby deleted and the following substituted for it:
(1) PMD's Lands shall be developed with one office-commercial building, which may be
constructed in phases, containing only those uses permitted by the Town's By-law 3036
as amended by By-law 2349/87, which building shall be comprised of at least one office
tower of at least four storeys when completed.
(2) The Bank's Lands shall be developed with one office-commercial building, which may
be constructed in phases, containing only those uses permitted by the Town's By-law
3036 as amended by By-law 2349/87.
(3) On or before December 31, 1992, PMD and the Bank shall apply for and obtain
building permits for all buiMings to be constructed on the Lands, the construction of
which shall be completed on or before December 31, 1997.
6. DESI(3N PLANIqIlqG (Development A~eemerll - Section 22)
Section 22 of the Development Agreement is hereby deleted and the following substituted for it:
(I) PMD shall, prior to the issuance of any building permit for the construction of any
building on PMD's Lands, submit a report outlining siting and architectural design
objectives for the development to the Tow,' s Director of Planning, for approval, which
approval shall not be unreasonably withheld.
(2) The Bank shall, prior to the issuance of any building permit for the construction of any
building on the Bank's Lands, submit a report outlining siting and architectural design
objectives for the development to the Town's Director of Planning, for approval, which
approval shall not be unreasonably withheld.
(3) The reports referred to in subsections (1) attd (2) may be required, at-the Director's
option, to provide the following information:
(a) building massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual varie~;
(f) energy conservation measures; and
(g) any other data or information reasonably required.
(4) PMD shall, prior to the issuance of any building permit for the construction of any
building to be erected on any part of PMD's Lands, submit site plans and architectural
drawings for that building and its site to the Director, for approval, which approval
shall not be unreasonably withheld.
2
(5) The Bank shall, prior to the issuance of any buiMing permit for the construction of any
building to be erected on any part of the Bank's Lands, submit site plans and
architectural drawings for that building and its site to the Director, for approval, which
approval shall not be unreasonably withheM.
(6) The plans and drawings referred to in subsections (4) and (5) may be required, at the
Director's option, to provide the following reformation:
(a) the location of all buildings and structures to be erected and the location of all
facilities and works associated therewith;
(b) the location of landscaping features, including trees;
(c) streetscape fi~r all elevations at a scale acceptable to the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buiMings by blocks; and
(f) any other data or information reasonably required.
IN WITNESS WHEREOF, PMD, the Town and the Bank have hereunto affixed their respective Corpo-
rate Seals attested to by the hands of their authorized officers.
SIGNED, SEALED & DELIVERED
833752 ONTARIO INC., carrying on business as
PICKER_lNG MEDICAL DEVELOPMENTS
Eli Swirsky, Secretary
THE CORPORATION OF THE TOWN OF PICKERING
Maurice Brenner, Acting Mayor
Brace Taylor, Clerk
CANADIAN IMPERIAL BANK OF COMMERCE