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HomeMy WebLinkAboutBy-law 837/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 837/78 Being a By-law to authorize the execution of a Development Agreement between Orange- brook Developments Limited and the Corpor- ation of the Town of Pickering respecting Part Lot 20, Range 3, Broken Front Con- cession. WHEREAS Orangebrook Developments Limited wishes to develop certain lands in Part Lot 20, Range 3, Broken Front Concession, which lands have been placed under development control pursuant to the provisions of By-law 2511, as amended by By-law 190/75; AND WHEREAS Orangebrook Developments Limited and the Corporation of the Town of Pickering have agreed upon certain matters related to the development and re-development of the subject lands; 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 in the form attached hereto as Schedule "A" between Orangebrook Developments Limited and the Corporation of the Town of Pickering respect- ing the development and re-development of Part of Lot 20, Range 3, Broken Front Con- cession. BY-LAW read a first, second and third time and finally passed this 19th day of June , 1978. TOWN OF PICKERING APPROVED AS TO FORM LEGAL DEPT. (AAyor THIS IS SCHEDULE "A" TO BY-LAW NUMBER 837/78 THIS AGREEMENT made in duplicate this day of \')"P- 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 - ORANGEBROOK DEVELOPMENTS LIMITED hereinafter referred to as the "Owner" OF THE SECOND PART WHEREAS section 5.26 of By-law 2511, as amended by By- law 190/75, placed all lands referred to in By-law 2511 under development control pursuant to the provisions of sec- tion 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 re- development 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 building thereon; AND WHEREAS the Owner and the Town have agreed upon certain other matters unrelated to the provisions of the Planning Act, but which relate to the development and re- development of the lands affected hereby; NOW THEREFORE this Agreement witnesseth that in consid- eration of the mutual covenants and agreements herein con- tained and subject to the terms and conditions hereinafter set out, 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 will be erected on the lands affected hereby 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; (g) proposed landscaping features; - 2 - (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 exterior signs; (k) locations and types of all exterior lighting fixtures and standards; (1) locations of all loading and unloading facilities; (m) locations and types of all proposed fencing; (n) proposed grading of the lands and provisions for storm and sanitary drainage and water service; I (o) locations of all proposed fire routes; (p) locations and specifications for all proposed standpipes; and (q) locations and specifications of all proposed garbage storage facilities. 3. 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. 4. 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 infor- mation required in section 2 and must be approved by the Town prior to any construction being commenced. 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 architectural or engineering firm shall be used and employed by the Owner for the development of the lands affected hereby. 7. The Owner shall comply with any and all zoning requirements in force at any time and pertaining to the area within which the lands affected hereby are situate, especially but not necessarily limited to the requirements of By-law 2511 as amended from time to time. 8. The Owner agrees that all proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Tom and, upon receipt of such approval, 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 sub- ject to the approval of the Town, and, upon receipt j of such approval, the said proposals shall be imple- mented only as approved. 10. The Town agrees that the Owner may develop the lands affected hereby in not more than four stages and that in the event that the owner chooses to develop the - 3 - said lands by stages then in that event-the plans required to be submitted in section 2 hereof, and the approvals required to be obtained in sections 2, 5, 8 and 9 may be submitted and obtained on a stage by stage basis, provided however that in its consideration of any plan or proposal-the Town or any other relevant authority may take into account, inter alia, any approved plan or proposal for a previous stage. 11. (a) The Owner agrees to make improvements to the road allowance abutting the westerly boundary of the lands affected hereby, known as Sandy Beach Road, as required by the Town. (bj Such improvements shall include, but not necessarily be limited to the re-location and piping of storm drainage, boulevard improvements and driveway entrance im- provements. 12. The Owner agrees to install a storm sewer, to the sat- isfaction of the Town, from the existing outlet of the Krosno water course, located on the Sandy Beach Road road allowance approximately 270 feet north of the southwest corner of the lands affected hereby, to an outfall to be constructed by the Owner and to be located approximately 130 feet south of the southern boundary of the lands affected hereby and 100 feet east of the easterly boundary of the Sandy Beach Road road allowance; such storm sewer shall be constructed to the specifications of the Town, taking into account that all or part of the southerly 120 feet thereof will ultimately be under the proposed Dreyer Drive road. 13. The Owner agrees to channelize the existing water course entering the lands affected hereby approxi- mately 610 feet north of the southeast corner of such lands and to divert such water course southerly, along or adjacent to the easterly boundary of the lands and westerly inside the southerly boundary of the lands to a point approximately 230 feet east of the easterly boundary of the Sandy Beach Road road allowance; the Owner agrees to construct a storm sewer to the satisfaction of the Town from the end of the channelization at the latter point southerly to the outfall to be constructed by the Owner pursuant to the provisions of section 12 above. 14. The Owner agrees to provide a looped fire line water- main to the specifications of, and the satisfaction of the Fire Chief of the Town of Pickering Fire Department. 15. The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the boundaries of the development and across lands ad- jacent to the development but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. The construction of any services in such easement or easements shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner in writing from the Town and from the registered owner of the lands across which these shall lie. 16. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have affixed - 4 - their corporate seal attested by the hands of their duly authorized officers. Ii .. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk I ORANGEBROOK DEVELOPMENTS LIMITED Per: Per: iI 4 it { it i 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-Province of Ontario and being composed of that part of Lot 20, Range 3, Broken Front Concession, more particularly described as follows: I I ,i i 0 ?y r ro H H HN•JO y tri o C X O n A NO H O 0 J W P. M H W w ro ttl N r• tH d otJ? r rt n to 0 ? O 7 t LO z O W H H En w 'a P, H x M 0 O 00 M ro? H H 7AC 00 H 0 0 H x to H O i e H tj C7