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HomeMy WebLinkAboutBy-law 1252/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1252/81 Being a By-Law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Armor Elevator Canada Limited and Bramalea Limited with respect to Part Lots 23 and 24, Concession 1, Pickerina (Parts 1, 3, 12, 13, 14, 16, 20, 21 and 22, Plan 40R-6179) NTHERAS, pursuant to the provisions of section 35a of The Plan- ning Act, R.S.O. 1970, chapter 349, as amended, the Council of the Corporation of the Town of Pickering enacted By-Law 1079/80 on January 31st, 1980, designating the whole of the area of the Town as a site planning control area; and T4HEREAS, therefore, the Town requires Armor Elevator Canada Limited and Bramalea Limited to enter into an Agreement with the Town prior to the development, including redevelopment, of those companies' lands, being part of Lots 23 and 24, Concession 1, Pickering (Parts 1, 3, 12, 13, 14, 16, 20, 21 and 22, Plan 40R-6179) and the erection, construction and installation of buildings, structures, facilities and works thereon; 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 Site Plan Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Armor Elevator Canada Limited and Bramalea Limited with respect to the development and redevelopment of part of Lots 23 and 24, Concession 1, Pickering (Parts 1, 3, 12, 13, 14, 16, 20, 21 and 22, Plan 40P-6179). BY-LAW read a first, second and third time and finally passed this 2nd day of March 1981. SCHEDULE "A" By-Law 1252/81 THIS AGREEMENT made in triplicate this day of , 1981. 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 - ARMOR ELEVATOR CANADA LIMITED and BRAMALEA LIMITED hereinafter collectively referred to as 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 section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by The Planning Amendment Act, 1979, S.O. 1979, chapter 59, the Council of the Corporation of the Town of Pickering enacted By-Law 1079/80 on January 21st, 1980 designating the whole of the area of the Town 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 build- ings, 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 referred to as the "lands") are those lands more particularly described in Schedule "A" hereto. 2. 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 there- with 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, - 2 -- the massing and conceptual design of the proposed buildings; (ii) the relationship of the proposed buildings to adja- cent buildings, streets, and exterior areas to which members of the public have access; and the provision of interior walkways, stairs and esca- lators to which mer.:bers of the public have access from streets, open spE.ces and interior walkways in adjacent buildings, have been submitted to the Town and approved by the Town's Director of Planning. 3. (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 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 of any of the buildings or structures thereon; (f) walls, fences, hedges, trees, shrubs or other ground- cover 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. (2) 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 men- tioned 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. (3) 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, - 3 .. which security may be drawn upon by the Town in such amounts and at such times as the Town, in its sole discretion, deems advise_ble, should the owner fail to maintain the said facil- ities or works to the Town's satisfaction. 4. Upon aonroval 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. 5. If erection, construction or installation has not commenced within one (1) 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. 6. (1) The Parties hereby acknowledge that the westerly boundary of the lands abuts a municipal roadway, namely, Dixie Road, which roadway is presently improved to a certain degree. (2) Should the owner, or either of the companies comprising the Owner, require any further improvements to that municipal roadway in order to provide access and services, or either of them, to the Owner's lands, and should such improvements be acceptable to the Town's Director of Public Works and be in accordance with the: Town's standards and specifications, then the Owner, or either of the companies comprising the owner, may be permitted to install such improvements at its sole expense and according to such terms and conditions as may be imposed by the Director. (3) The term "improvements", as used in this section, shall not include the installation of driveway entrances and culverts. 7. 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 successors and assigns. IN WITNESS WHEREOF, the Parties hereto have affixed their respec-_______ - 4 - tive corporate seals, attested by the hands of their duly authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING ARMOR ELEVATOR CANADA LIMITED President Vice-President BRAMALEA LIMITED sident Vice-President SCHEM31-T, "A" ALL AND SINGULAR those certain lands and nremises located in the Town of Pickering, in the Regional Municinal.ity of Durham and being com- posed of those parts of Lots 23 and 24, Concession 1, designated as Parts 1, 3, 12, 13, 14, 16, 20, 21 and 22 on a Plan of Survey of Record deposited in the Registry office for the Registry Division of Durham (No. 40) as Plan No. 40R-6179. TOGETHER with the easement as more particularly described in registered Instrument No. 179578, in, through, upon and over that strip of land being that part of Lot 24, Concession 1, designated as Part 23 on the said Plan of Survey, together with the benefit, and subject to the burden of the covenants relating to the said easement, set out in the said registered Instrument No. 179578. As described in Instrument No. D118355.