HomeMy WebLinkAboutBy-law 1254/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW. NO. 1254/81
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Bramalea Limited respecting Part Lot 19,
Range 3, Broken Front Concession, Pickering
(Part 4, Plan 40R-2384)
WHEREAS, pursuant to the provisions of section 35a of The
Planning Act, R.S.O. 1970, Chapter 349, as amended, the
Council of the Corporation of the Town of Pickering enacted
By-Law 1079/80 on January 31st, 1980, designating the whole
of the area of the Town as a site plan control area; and
WHEREAS, therefore, the Town requires Bramalea Limited to
enter into an Agreement with the Town prior to the develop-
ment including redevelopment, of their lands, being Part
Lot 19, Range 3, Broken Front Concession, Pickering (Part
4, Plan 40R-2384) and the erection, construction and instal-
lation of buildings, structures, facilities and works
thereon;
NOW THEREFORE, the Council of the Corporation of the Town
of Pickering HEREBY ENACTS AS FOLLOWS:
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1. The Mayor and Clerk are hereby authorized to execute
a Site Plan Agreement in the form attached hereto as
Schedule "A", between the Corporation of the Town of
Pickering and Bramalea Limited with respect to the
development and redevelopment of that part of Lot 19,
Range 3, Broken Front Concession, Pickering (Part 4, j
Plan 40R-2384). i?
BY-LAW read a first, second and third time and finally passed
this 2nd day of March , 1981.
it "d
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SCHEDULE .'BI to By-law 1254/81
THIS AGRI;I'MENT made in triulicatc this day of
B E T W E E N
BRAHALEA LIMITED
hereinafter called the "Owner"
, 19E31.
OF THE FIRST PART,
- and -
THE 0°ORPORATION OF THE TOINN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
hereinafter called the "Encumbrancer"
OF THE T13IRD PART.
WHEREAS, the owner herein is the registered owner, in fee
simple, of the lands affected hereby; and
WHEREAS, pursuant to the Provisions of section 35a of The Plan-
ning Act, R.S.O. 1970, chapter 349, as amended by The Planning
Amendment Act, 1979, S.O. 1979, chapter. 59, 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 requires the Owner, to enter into
an Agreement with it prior to the development, including re-
development, 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 lands and premises affected by this Agreement (hereinafter
referred to as the "lands") are those lands more particularly
described in Schedule "A" hereto.
2
No development, including redevelopment, shall be undertaken on
the lands until,
(a) plans showing the location of all buildings and struc-
tures existing or to be erected and showing the location
of all facilities and works to be provided in conjunction
therewith and of all facilities and works required under
section 3 hereof, and
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(b) drawings showing plan, elevation and cross-section views
for each industrial and commercial building to be erected
which drawings shall be sufficient to display,
(i.) the massing and conceptual design of the proposed
buildings;
(ii) the relationship of the proposed buildings to
adjacent buildings, streets and exterior areas to
which members of the public have access; and
r
0 AJ7 l)
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subsection (2), above, the Town may require the Owner
to provide, prior to the issuance of a building permit,
security in the fonv of an irrevocable letter of credit
issued by a chartered bank in Canada in an amount and
for a term determined by the Tom, which security may
be drawn upon by the Town in such amounts and at such
times as the Town, in its sole discretion, deems advis-
able, should the Owner fail to maintain the said facil-
ities or works to the Town's satisfaction.
4. Upon approval by the Town's Director of Planning of the plans
and drawings referred to in section 2, above, the proposed
buildings, structures, facilities and works shall be erected,
constructed, installed and maintained in conformance with
the said plans and drawings, as anproved.
5. If erection, construction or installation has not commenced
within one (1) year of the date of approval of the plans and
drawings referred to in section 2, the approval shall become
null and void and the plans and drawings must be re-submitted
for approval prior to any erection, construction or installa-
tion commencing.
6. This Agreement, the Schedule hereto, and everything contained
therein, shall enure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SRAMALEA LIMITED
President
Vice-President
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering,
in the Regional Municipality of Durham and being composed
of,
That part of Lot 19, Range 3, Broken Front Concession, Town
of Pickering, designated as Part 4 on a Plan of Reference
filed in the Land Registry office for the Registry Division
of Durham (No. 40) as Plan No. 40R-2384,
as described in Instrument No. D13812.