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HomeMy WebLinkAboutBy-law 2012/85THE CORPORATION OF THE TOWN OF PICKERI1UG BY-LAW NO. 2012 785 Being a by-law to authorize the execution of an agreement between Carabob Properties Inc. and The Corporation of the Town of Picketing with respect to the development of part Lot 30, Range 3, Broken Front Concession, Picketing (Parts 1 and 2, Plan 40R-7116) WHEREAS, pursuant to the provisions of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of Picketing 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; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement between Carabob Properties Inc. and The Corporation of the Town of Picketing with respect to the development of part Lot 30, Range 3, Broken Front Concession, Pickering (Parts I and 2, Plan 40R-7116) BY-LAW read a first, second and third time and finally passed this 6th day of May, 1985. Clerk TllE CORPORATION OF THE TOWN OF PICKERI~IG BY-LAW NO. 2012 /85 Being a by-law to authorize the execution of an agreement between Carabob Properties Inc. and The Corporation of the Town of Picketing with respect to the development of part Lot 30, Range 3, Broken Front Concession, Pickerlng (Parts 1 and 2, Plan 40R-7116) WllEREAS, pursuant to the provisions of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of Picketing enacted By-law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Picketing as a site plan control area; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement between Carabob Properties Inc. and The Corporation of the Town of Pickering with respect to the development of part Lot 30, Range 3, Broken Front Concession, Pickering (Parts 1 and 2, Plan 40R-7116) BY-LAW read a first, second and third time and finally passed this 6th daf of May, 1985. /Clerk THE CORPORATION OF THE TOWN OF PlCKERING BY-LAW NO. 2012 /85 Being a by-law to authorize the execution of an agreement between Carabob Properties Inc. and The Corporation of the Town of Picketing with respect to the development of part Lot 30, Range 3, Broken Front Concession, Picketing (Parts 1 and 2, Plan 40R-7116) WHEREAS, pursuant to the provisions of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of Picketing 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; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement between Carabob Properties Inc. and The Corporation of the Town of Picketing with respect to the development of part Lot 30, Range 3, Broken Front Concession, Picketing (Parts 1 and 2, Plan 40R-7116) BY-LAW read a first, second and third time and finally passed this 6th day of May, 1985. Schedule - By-law 2012/85. THIS AGREEMENT made this 6th day of May, 1985. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - CARABOB PROPERTIES INC. hereinafter called the "Owner" OF THE SECOND PART, - and - THE ROYAL BANK OF CANADA hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS the O~vner affected hereby; and herein is t registered owner, in fee simple, of the lands WHEREAS, the Encumbrancer has certain rights or interest in the nature of encum- brances relating to the lands affected hereby; WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of the Gorporation of the Town of Picker- lng enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Picketing as a site plan control area; and WHEREAS therefore, the Town requires the Owner, with the consent of the Encum- brances, to enter into an Agreement with it prSor to the development, including redevelopment, of the said lands and the erection, construction and installation of building, 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 called the "lands") are those lands more particularly described in Schedule A hereto. No development, including redevelopment, shall be undertaken on the lands until, (a) (b) plans showing the location of all buildings and structures existing or to he 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 drawings showing plan, elevation and cross-section views for each indus- trial and commercial building to be erected which drawings shah be suffi- cient to display, (i) the massing and conceptual design of the proposed building; (ii) (iii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to ~'h, ich members of the public have access~ arid t )~,, , i the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior wa]kways in adjacent bu'ildings, have been submitted to the Town and approved by the Town's Director of Planning. (1) As a condition to the approval of the plans and drawings referred to in section 2, above, the Town may require the Owner to provide to the satisfaction of and at no expense to the Town any or all of the following: (a) widenings of highways that abut on the lands; facilities to provide access to and from the lands, such as access ramps, curbs and traffic direction signs; (c) off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (d) walkways, including the surfacing thereof, and all other means of pedestrian access; ' "facilities for ti~ lighting, inchlding flood]ightin6 1of the lands or (e) I} of any buildings' or structures thereon; (f) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; (g) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste mater- (z) (3) (h) easements conveyed to the Town for the construction, maintenance or improvement of watercourseS; ditches and land drainage works on the lands; and (i) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the lands and from any buildings or structures thereon. As a further condition to the approval of the said plans and drawings, the Town may require the Owner to maintain, to the Town's satisfaction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in clauses (b), (c), (d), (e), (f), (g), (h) and (i) of subsection (1), above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (2), above, the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Town, which security may be drawn upon by the Town in such amounts, and at such times as the Town. in its sole discretion, deems advisable, should the Owner fail to maintain the said facilities or works to the Town's satisfac- tion. 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, i~a~alled and maintained in confor- ~ll mance with~ the said plans an& drawings, as a~/~roved. , ~ 5. Prior to the issuance of the first building permit to be issued after the date hereof with respect to the lands affected hereby, the Owner of the lands shall pay to the Town the sum of $17,000 as its contribution to the Town's cost of boulevard improvement, curbs, gutters, sidewalks and street lighting improve- ments adjacent to or in the vicinity of the lands affected hereby. If erection, construction or installation has not commenced within one 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 installation com- mencing. This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interest, 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. This Agreeme,,nt, the Schedule hereto, and everything containep therein, shall enure to t}Je benefit of and"l ,~nding upon th~ Parties hereto', ~,nd their respec- tive heirs, '!executors, successors and assigns. 3 IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk CARABOB PROPERTIES INC. THE ROYAL BANK OF CANADA 4 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 (formerly the Township of Pickering, County of Ontario) ao'd Province of Ontario and being composed of those parts of Lot 30, Range 3, Broken Front Concession. designated as Parts 1 and 2 on a plan of survey deposited in the Land Titles Office for the Land Registry Division of Durham (No. 40) as Plan 40R-7116.