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HomeMy WebLinkAboutBy-law 1254/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW. NO. 1254/81 Being a By-Law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Bramalea Limited respecting Part Lot 19, Range 3, Broken Front Concession, Pickering (Part 4, Plan 40R-2384) WHEREAS, pursuant to the provisions of section 35a of The Planning 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 plan control area; and WHEREAS, therefore, the Town requires Bramalea Limited to enter into an Agreement with the Town prior to the develop- ment including redevelopment, of their lands, being Part Lot 19, Range 3, Broken Front Concession, Pickering (Part 4, Plan 40R-2384) and the erection, construction and instal- lation of buildings, structures, facilities and works thereon; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: ?I 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 Bramalea Limited with respect to the development and redevelopment of that part of Lot 19, Range 3, Broken Front Concession, Pickering (Part 4, j Plan 40R-2384). i? BY-LAW read a first, second and third time and finally passed this 2nd day of March , 1981. it "d I L-- SCHEDULE .'BI to By-law 1254/81 THIS AGRI;I'MENT made in triulicatc this day of B E T W E E N BRAHALEA LIMITED hereinafter called the "Owner" , 19E31. OF THE FIRST PART, - and - THE 0°ORPORATION OF THE TOINN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - hereinafter called the "Encumbrancer" OF THE T13IRD 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 Plan- ning 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 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 re- development, 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 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 struc- tures 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 - 1 - (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 buildings; (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which members of the public have access; and r 0 AJ7 l) - 3 - subsection (2), above, the Town may require the Owner to provide, prior to the issuance of a building permit, security in the fonv of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Tom, which security may be drawn upon by the Town in such amounts and at such times as the Town, in its sole discretion, deems advis- able, should the Owner fail to maintain the said facil- ities or works to the Town's satisfaction. 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, installed and maintained in conformance with the said plans and drawings, as anproved. 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 installa- tion commencing. 6. 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. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SRAMALEA LIMITED President Vice-President 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 being composed of, That part of Lot 19, Range 3, Broken Front Concession, Town of Pickering, designated as Part 4 on a Plan of Reference filed in the Land Registry office for the Registry Division of Durham (No. 40) as Plan No. 40R-2384, as described in Instrument No. D13812.