HomeMy WebLinkAboutBy-law 2361/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2361/87
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 24,
Concession 2, Pickerin g, ( Roman Catholic
Episcopal Corporation for the Diocese of Toronto
in Canada; S15/86).
WHEREAS, as a condition of the approval of Site Plan Proposal S15/86, the owner of
Part Lot 24, Concession 2, Picketing, is required to enter into an appropriate Devel-
opment Agreement;
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 a Development Agree-
merit in the form attached hereto as Schedule A, respecting the development of
Part Lot 24, Concession 2, Picketing (Roman Catholic Episcopal Corporation lCor
the Diocese of Toronto in Canada; S15/86).
BY-LAW read a first, second and third time and finally passed this 19th day of
January, 1987.
~ruce Taylor, C~r~
SCHEDULE A
To By-law 2.%61/87
THIS AGREEMENT made this 12th day of January, 1987.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
ROMAN CATHOLIC EPISCOPAL CORPORATION FOR THE
DIOCESE OF TORONTO IN CANADA
hereinafter called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands
affected hereby; and
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 Corporation of the Town of
Picketing enacted By-Law 1079/80 on January 21st, 1080, 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 to enter into an Agreement with it
prior to the development, including redevelopment, 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 called the
"lands") are those ]ands more particularly described in Schedule A hereto.
No development, including redevelopment, shall be undertaken on the lands
until,
(a)
plans showing the location of all buildings and structures 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
(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 building;
(ii)
the relationship of the proposed buildings to adjacent buildings,
streets and exterior areas to which members of the public have
access; and
(iii)
the provision of interior walkways, stairs and escalators to which
members of the public have access from streets, open spaces and
interior walkways in adjacent buildings.
have been submitted to the Town and approved by the Town's Director of
Planning.
(1)
(z)
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;
(b)
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;
(e)
facilities for the lighting, including floodlighting of the lands or
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
material;
(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 (I), above, including the removal of snow from access
ramps and driveways, parking and loading areas and walkways.
- 2 -
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
satisfaction.
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 approved.
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 {or approval prior to any erection, construction or installation
commencing.
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 heirs, executors, successors and assigns.
The Owner shall construct a sidewalk, together with boulevard and ditch
improvements, along the total frontage of the subject property, joining the
existing sidewalk along Finch Avenue, according to the Town's specifications for
street sidewalks, boulevard and ditch improvements in effect at the date hereof.
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
John E. Anderson, Mayor
Bruce Taylor, Clerk
ROMAN CATHOLIC EPISCOPAL CORPORATION FOR
THE DIOCESE OF TORONTO IN CANADA
- 3 -
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 (formerly Township of Picketing, County of Ontario) and being
composed of Part of Lot 24, in the Second Concession of the Town of Pickerlng, and
designated as Parts 11, 12 and 13 on Plan 40R-5723.
AS DESCRIBED in Instrument Number D138048.
A-1