HomeMy WebLinkAboutBy-law 870/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 870/78
Being a By-law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
J.D.S. Investments Limited respecting the
development of Part of Lot 22, Concession
1 (Office Tower - Highway 401 and
Liverpool Road)
WHEREAS section 5.26 of By-law 3036, as amended by By-law 190/75,
placed all lands referred to in By-law 3036 under development
control pursuant to the provisions of section 35a of The
Planning Act, R.S.O. 1970, chapter 349, as amended by S.O. 1973,
chapter 168;
AND WHEREAS, therefore, the Corporation of the Town of Pickering
requires J.D.S. Investments Limited to enter into an agreement
with it prior to development or re-development by J.D.S. Invest-
ments Limited of certain lands in Lot 22, Concession 1;
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" bet-
ween the Corporation of the Town of Pickering
and J.D.S. Investments Limited respecting
the development of certain lands in Lot
22, Concession 1 (Office Tower - Highway
401 and Liverpool Road).
BY-LAW read a first, second and third time and finally passed
this 8th day of AUGUST , 1978.
TOWN OF
PICKERING
l APPROVED
IASJO FORD
LLCGAL 0Er7.
SCHEDULE "A" TO BY-LAW NUMBER 870/78
THIS AGREEMENT made in duplicate this day of , 1978.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART
- and -
J.D.S. INVESTMENTS LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART
WHEREAS section 5.26 of By-law 3036, as amended by By-law
190/75, placed all lands referred to in By-law 3036 under
development control pursuant to the provisions of section
35a of The Planning Act, R.S.O. 1970, chapter 349, as amended
by S.O. 1973, chapter 168;
AND WHEREAS, therefore, the Town requires the Owner to enter
into an Agreement with it prior to development or redevelop-
ment of the lands affected hereby and any buildings constructed
or to be constructed thereon;
AND WHEREAS the owner is the owner in fee simple of the
lands affected hereby and wishes to develop and redevelop
said lands and the buildings thereon;
NOW THEREFORE this Agreement witnesseth that in consideration
of mutual benefits, the Parties hereto agree as follows:
1. The lands affected by this Agreement are those lands
and premises more particularly described in Schedule
"A" hereto.
2. No building or buildings shall be altered and erected
on the lands hereinbefore described until a site plan
or plans displaying the following information is or
are submitted to the Town by the Owner and approved by
the Town:
(a) location of proposed building or buildings;
(b) height of proposed building or buildings;
(c) locations of proposed entrances and exits
to proposed buildings;
(d) locations of proposed entrances and exits
to abutting roads;
(e) area and location of lands to be used for
parking;
(f) elevations of proposed buildings, indica-
ting proposed exterior material types and
colours;
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(g) proposed landscaping features;
(h) use of lands not covered or to be covered by
buildings;
(i) locations of all hydro-electric power and
gas;
(j) locations, types and colours of all exter-
ior signs;
(k) locations and types of all exterior light-
ing fixtures and standards;
(1) locations of all loading and unloading
facilities;
(m) locations and types of all proposed fenc-
ing;
(n) proposed grading of
sions for strom and
water service;
the lands and provi-
sanitary drainage and
(o) locations of all proposed fire routes;
and
(p) locations and specifications for all pro-
posed standpipes.
3. (1) Upon approval by the Town of the site plan or plans,
the proposed buildings and other works shown on the
plan or plans shall be erected in conformance with
the plan or plans.
(2) If construction has not commenced within one (1) year
of the date of approval of the plan or plans, the
plan or plans shall become null and void and a new
site plan or plans must be submitted displaying the
information required in section 2 and must be
approved by the Town prior to any construction being
commenced.
(3) Erection of buildings on the lands affected hereby
may be phased, at the Owner's option.
(4) If the erection of buildings is phased, pursuant to
subsection 3, then in that event a separate site plan
or plans shall be submitted, in accordance with
section 2, for each phase, and such plan or plans
shall be subject to the provisions of subsections
1 and 2 of this section, and to all other relevant
provisions of this Agreement.
(5) In considering whether or not to approve any site
plan or plans pursuant to this Agreement, the Town
shall take into account the status of the site as
of the proposed date of commencement of construction
of the works shown on the plan or plans.
4. (1) The buildings, works, facilities and matters referred
to in any approved site plan or plans shall be pro-
vided and maintained by the owner at its sole risk and
expense and to the satisfaction of the Town, in
default whereof the provisions of section 469 of
The Municipal Act, R.S.O. 1970, chapter 284, shall
apply.
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(2) In order to secure the Owner's compliance herewith,
the Owner shall provide to the Town, prior to the
commencement of any work shown on an approved plan,
a letter of credit in an amount equal to 110% of
the cost of construction of all approved proposed
outdoor landscaping and site improvements, other
than buildings and structures having a gross floor
area exceeding 20 square metres, which cost shall
be certified to the Town by the Owner's architect
or engineer.
(3) The security required in subsection 2, above, shall
be maintained by the Cwner until such time as the
Director of Public Works of the Town, in his sole
discretion, is satisfied that compliance with the
plan or plans in question is obtained.
5. Any works required to be done on road allowances shall
be done according to the specifications of the rele-
vant authority and be subject to the approval of such
authority.
6. Only one architect or engineer shall be used and employed
by the Owner for the development of the lands hereinafter
described, or for each phase thereof, if the development
if to be phased.
7. The Owner shall comply with any and all zoning require-
ments in force at any time and pertaining to the area
within which the lands hereinbefore described are situate,
especially but not necessarily limited to the requirements
of By-law 3036 as amended by By-law 334/75.
8. The Owner agrees that all proposals for exterior signs
and exterior lighting of all types shall be subject to
the approval of the Town and the Regional Municipality
of Durham, and, upon receipt of such approvals, the
said proposals shall be implemented only as approved.
9. The Owner agrees that all proposals for access to and
from public lands, including roadways, shall be subject
to the approval of the Town and the Regional Municipality
of Durham, and, upon receipt of such approvals, the said
proposals shall be implemented only as approved.
10. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Parties
hereto and their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have affixed their
respective corporate seals attested by the hands of their duly
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authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF
PICKERING
J.D.S. INVESTMENTS LIMITED
Per:
Per:
SCHEDULE "A"
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