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HomeMy WebLinkAboutBy-law 2369/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2369/87 Being a by-law to authorize the execution of a Site/Development Agreement respecting Part Block A, Plan 473, Picketing, (Zenith Investments Limited; S 3/70). WHEREAS, as a condition of the approval of Site Plan Part Block A, Plan 473, Pickerlng, is required Site/Development Agreement; Proposal S 3/70, the owner of to enter into an appropriate 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 Site/Development Agreement in the form attached hereto as Schedule A, respecting the develop- ment of Part Block A, Plan 473, Pickering (Zenith Investments Limited; S 3/70). BY-LAW read a first, second and third time and finally passed this 2nd day of February, 1987. TOWN OF r~ICKERiNG APPRO/ED TO 'O SCHEDULE A THIS AGREEMENT made this 2nd day of December, 1986. BETWEEN: TttE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - ZENITH INVESTMENTS LIMITED hereinafter called the "Owner" OF THE SECOND PART, - and - NOVA SCOTIA SAVINGS AND LOAN COMPANY hereinafter referred to as the "Encumbrancer", OF THE THIRD PART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS, the Encumbrancer has certain rights or interest in the nature of encumbrances 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 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; and WttEREAS therefore, the Town requires the Owner, with the consent of the Encumbrancer, to enter into an Agreement with it prior to the development, including redevelopme.t, of the said lands and the erection, construction and installation of buildings, structures, facilities and works thereon; NOW TItEREFORE, THIS AGREEMENT WITNESSETlt that in consideration of mutual benefits, the Parties hereto agree as follows: 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) 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, 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 adiacent buildings, bare 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; (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 pa~'king 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, an,/ or all of the facilities - 2 - (3) 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 satisfaction. Within 30 days of the date of registration of this Agreement, the Owner shall convey to the Town, at no cost to the Town and free and clear of all encumbrances, that part of Block A, Plan 473, designated as Part 1, Plan 40R-9746. On or before March 16, 1987, the Owner shall convey to the Town, at no cost to the Town and free and clear of all encumbrances',' an irrevocable right-of-way over Part 2, Plan 40R-9989 for the purpose of vehicular and pedestrian access between Kingston Road and the lands to the east of the lands affected hereby. 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 for approval prior to any erection, construction or installation commencing. 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 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. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective - 3 - corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & 4)ELIVERED THE CORPORATION OF THE TOWN OF PICKERING 3ohn E. Anderson, Mayor Bruce Taylor, Clerk ZENITH INVESTMENTS LIMITED William Getsos, Secretary-Treasurer NOVA SCOTIA SAVINGS AND LOAN COMPANY - 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 and Province of Ontario (formerly Township of Picketing, County of Ontario) and being composed of Block A, Plan 473, save and except that part set out in Highways Plans deposited as Numbers 587 and 617. AS DESCRIBED in Instrument Number D199354. A-1