HomeMy WebLinkAboutBy-law 2596/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2596 /87
Being a by-law to authorize the execution of a
Site Plan Agreement respecting Part Lot 21,
Concession 1, (Parts 17 - 22, Plan 40R-10070), to
provide for the development of the first two
condominium apartment sites (Buildings A and B)
in the Discovery Place project.
WHEREAS, pursuant to the provisions of the predecessor of section 40 of the Planning
Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of
Pickering enacted By-law 1079/80 on January 21, 1980, designating the whole of the
area of the Town of Pickering as a Site Plan Control Area; and
WHEREAS, therefore the Town requires Duffin Developments Inc. and Discovery Place
Limited, with the consent of Citibank Canada to enter into a Site Plan Agreement
prior to the development, including redevelopment of that part of Lot 21, Concession
1, Pickering, designated as Parts 17 - 22, Plan 40R-10070.
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Site Plan Agreement,
in the form attached hereto as Schedule A, between and The Corporation of the
Town of Pickering, Duffin Developments Inc. and Discovery Place Ltd.,
respecting the development of the first two condominium apartment sites
(Buildings A and B) in the Discovery Place project (Part Lot 21, Concession 1,
Picketing; Parts 17 - 22, Plan 40R-10070).
BY-LAW read a first, second and third time and finally passed this 5th day of Octo-
ber, 1987.
TOWN OF
PiCKERING
APPROVED
LEGAL
THIS AGREEMENT made this 24th day of September, 1987.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
DUFFIN DEVELOPMENTS INC.
herein called the "Owner"
OF THE SECOND PART,
- and -
CITIBANK CANADA
herein called the "Encumbrancer",
OF THE THIRD PART,
- and -
DISCOVERY PLACE LIMITED
hereinafter called the "Purchaser",
OF THE FOURTH 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, 1980, designating the whole of the
area of the Town of Pickering 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:
The land and premises affected by this Agreement (herein called the "Lands")
are those lands more particularly described as those parts of Lot 21, Concession
1, Picketing, designated as Parts 17, 18, 19, 20, 21 and 22, both inclusive,
Plan 40R-10070.
No development, including redevelopment, shall
except in conformity with this agreement and
drawings (herein called the "Plans"):
Dwg. No. Dwg. Title
(a) A 1 Site Plan
(b) A 14 Elevation
[Building Al
(c) A 15 Elevation
[Building Al
(d) A 16 Elevation & Cross-
Section [Building Al
(e) A 23 Gatehouse
(f) A 15 Elevation [Building B]
(g) A 16
Elevation [ Building
(h) A 17
Elevation & Cross-
Section [Building B]
(i) L 1 Grading Plan
(j) L 2 Planting Plan
(k) L B Lighting Plan
(1) L 4 Entrance Layout Plan
(m) L 5 Upper Terrace Layout
Plan
(n) L 6 Pool Terrace Layout
and Grading Plan
(o) L 7 Pool Terrace Planting
Plan
(p) L 8 Details
(q) L 9 Details
(r) L 10
Tennis Court Details
(s) L 11
Plan List and Details
be undertaken on the Lands
with the following plans and
Last Revised
June 4, 1987
June 4, 1987
June 4, 1987
June 4, 1987
June 4, 1987
original -
March 23, 1987
original -
March 23, 1987
original -
March 23, 1987
August 31, 1987
August 31, 1987
July 24, 1987
July 24, 1987
original -
April, 1987
July 24, 1987
July 24, 1987
July 7, 1987
original -
April, 1987
original -
April, 1987
July 24, 1987
(a) to (h), both inclusive, having been prepared by Rafael Burka,
Architects, and (i) to (s), both inclusive, having been prepared by
Rafael Burka, Architects and Milus Bollenberghe, Topps, Landscape
Architects ,
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The Owner shall maintain, to the Town's satisfaction and at the sole risk and
expense of the Owner, all of the facilities and works shown on those Plans and
shall ensure the timely removal of snow from access ramps and driveways,
parking and loading areas, on-site walkways and sidewalks.
For the purpose of guaranteeing the installation and maintenance for two years
thereafter, by the Owner, of the facilities and works required to be instal]ed
and maintained pursuant to sections 2 and 3, above, the Owner shall provide to
the Town, 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 the amount
of $400,000, 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 install or maintain the facilities and works to the Town's
satisfaction.
If installation of the facilities and works has not commenced within two years of
the date hereof, the Plans must be re-submitted to the Town for approval prior
to any installation commencing.
This Agreement, the Schedules 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
corporate seals, duly attested by their proper authorized officers.
SIGNED, SEALED & DELIVERED
their respective
THE CORPORATION OF THE TOWN OF PICKERING
lin E. AndersZdm, May-o~-
Bruce Taylor, Clerk
DUFFIN DEVELOPMENTS INC.
-3-
ENCUMBRANCER - CITIBANK CANADA
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.
CITIBANK CANADA
PURCHASER - DISCOVERY PLACE LIMITED
When notice of this Agreement is registered on title to the lands, the effect hereof
shall run with the land and shall, upon the Purchaser becoming the owner of the
Lands be binding upon the Purchaser, the intention being that the Purchaser shall
assume at that time all of the rights, duties and obligations of the Owner herein.
DISCOVERY PLACE LIMITED
-4-
(6)
Page 12 of 17 pages
Works to be constructed outside the boundary of the Lands shall be
completed within two years of the date of commencement of those works,
and the Owner shall guarantee the workmanship and materials for a period
of two years from the date that the works are approved in writing by the
Town's Director of Public Works, Director of Parks and Recreation and
Director of Planning.
Z9. SITE DESIGN AND PLANNING
(z)
(3)
(4)
The Owner shall, prior to the issuance of any building permit for the
construction of any building on the Lands, submit to the Town's Director
of Planning, for approval, a report outlining siting and architectural
design objectives for the development which approval shall not be unrea-
sonably withheld.
The report referred to in subsection (1) may be required, at the Direc-
tor's option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
building massing;
streetscape;
exterior materials and co]ours;
architectural style;
visual variety;
energy conservation measures; and
any other data or information required.
The Owner shall, prior to the issuance of any building permit for the
construction of a building to be erected on any part of the Lands, submit
to the Director, for approval, site plans and architectural drawings for
that building and its site, which approval shall not be unreasonably
withheld.
The plans and drawings referred to in subsection (3) may be required, at
the Director's option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
the location of all buildings and structures to be erected and the
location of all facilities and works associated therewith;
the location of landscaping features, including trees;
streetscape for all elevations at a scale acceptable to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information required.
(s)
Prior to the issuance of any building permit for the construction of a
particular building to be erected on the Lands, the Owner shall comply
with all provisions of the Planning Act, 1983, including the entering into
of a Development Agreement respecting the specific portion of the Lands
supporting that building, which agreement shall deal with all matters of
site development, including,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
on site storm water management,
on site sidewalks and walkways,
on site roads, road works, and parking areas,
on site grading,
on site sodding and landscaping,
on site recreational facilities,
on site lighting, and
on site and boundary fencing.
30.
FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a residential unit levy for each dwelling
unit to he constructed on the Lands, each payment to be made when the
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