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HomeMy WebLinkAboutBy-law 870/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 870/78 Being a By-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and J.D.S. Investments Limited respecting the development of Part of Lot 22, Concession 1 (Office Tower - Highway 401 and Liverpool Road) WHEREAS section 5.26 of By-law 3036, as amended by By-law 190/75, placed all lands referred to in By-law 3036 under development control pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by S.O. 1973, chapter 168; AND WHEREAS, therefore, the Corporation of the Town of Pickering requires J.D.S. Investments Limited to enter into an agreement with it prior to development or re-development by J.D.S. Invest- ments Limited of certain lands in Lot 22, Concession 1; 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" bet- ween the Corporation of the Town of Pickering and J.D.S. Investments Limited respecting the development of certain lands in Lot 22, Concession 1 (Office Tower - Highway 401 and Liverpool Road). BY-LAW read a first, second and third time and finally passed this 8th day of AUGUST , 1978. TOWN OF PICKERING l APPROVED IASJO FORD LLCGAL 0Er7. SCHEDULE "A" TO BY-LAW NUMBER 870/78 THIS AGREEMENT made in duplicate this day of , 1978. 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 - J.D.S. INVESTMENTS LIMITED hereinafter referred to as the "Owner" OF THE SECOND PART WHEREAS section 5.26 of By-law 3036, as amended by By-law 190/75, placed all lands referred to in By-law 3036 under development control pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by S.O. 1973, chapter 168; AND WHEREAS, therefore, the Town requires the Owner to enter into an Agreement with it prior to development or redevelop- ment of the lands affected hereby and any buildings constructed or to be constructed thereon; AND WHEREAS the owner is the owner in fee simple of the lands affected hereby and wishes to develop and redevelop said lands and the buildings thereon; NOW THEREFORE this Agreement witnesseth that in consideration of mutual benefits, the Parties hereto agree as follows: 1. The lands affected by this Agreement are those lands and premises more particularly described in Schedule "A" hereto. 2. No building or buildings shall be altered and erected on the lands hereinbefore described until a site plan or plans displaying the following information is or are submitted to the Town by the Owner and approved by the Town: (a) location of proposed building or buildings; (b) height of proposed building or buildings; (c) locations of proposed entrances and exits to proposed buildings; (d) locations of proposed entrances and exits to abutting roads; (e) area and location of lands to be used for parking; (f) elevations of proposed buildings, indica- ting proposed exterior material types and colours; - 2 - (g) proposed landscaping features; (h) use of lands not covered or to be covered by buildings; (i) locations of all hydro-electric power and gas; (j) locations, types and colours of all exter- ior signs; (k) locations and types of all exterior light- ing fixtures and standards; (1) locations of all loading and unloading facilities; (m) locations and types of all proposed fenc- ing; (n) proposed grading of sions for strom and water service; the lands and provi- sanitary drainage and (o) locations of all proposed fire routes; and (p) locations and specifications for all pro- posed standpipes. 3. (1) Upon approval by the Town of the site plan or plans, the proposed buildings and other works shown on the plan or plans shall be erected in conformance with the plan or plans. (2) If construction has not commenced within one (1) year of the date of approval of the plan or plans, the plan or plans shall become null and void and a new site plan or plans must be submitted displaying the information required in section 2 and must be approved by the Town prior to any construction being commenced. (3) Erection of buildings on the lands affected hereby may be phased, at the Owner's option. (4) If the erection of buildings is phased, pursuant to subsection 3, then in that event a separate site plan or plans shall be submitted, in accordance with section 2, for each phase, and such plan or plans shall be subject to the provisions of subsections 1 and 2 of this section, and to all other relevant provisions of this Agreement. (5) In considering whether or not to approve any site plan or plans pursuant to this Agreement, the Town shall take into account the status of the site as of the proposed date of commencement of construction of the works shown on the plan or plans. 4. (1) The buildings, works, facilities and matters referred to in any approved site plan or plans shall be pro- vided and maintained by the owner at its sole risk and expense and to the satisfaction of the Town, in default whereof the provisions of section 469 of The Municipal Act, R.S.O. 1970, chapter 284, shall apply. - 3 - (2) In order to secure the Owner's compliance herewith, the Owner shall provide to the Town, prior to the commencement of any work shown on an approved plan, a letter of credit in an amount equal to 110% of the cost of construction of all approved proposed outdoor landscaping and site improvements, other than buildings and structures having a gross floor area exceeding 20 square metres, which cost shall be certified to the Town by the Owner's architect or engineer. (3) The security required in subsection 2, above, shall be maintained by the Cwner until such time as the Director of Public Works of the Town, in his sole discretion, is satisfied that compliance with the plan or plans in question is obtained. 5. Any works required to be done on road allowances shall be done according to the specifications of the rele- vant authority and be subject to the approval of such authority. 6. Only one architect or engineer shall be used and employed by the Owner for the development of the lands hereinafter described, or for each phase thereof, if the development if to be phased. 7. The Owner shall comply with any and all zoning require- ments in force at any time and pertaining to the area within which the lands hereinbefore described are situate, especially but not necessarily limited to the requirements of By-law 3036 as amended by By-law 334/75. 8. The Owner agrees that all proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Town and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 9. The Owner agrees that all proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 10. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and assigns. IN WITNESS WHEREOF the Parties hereto have affixed their respective corporate seals attested by the hands of their duly - 4 - authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING J.D.S. INVESTMENTS LIMITED Per: Per: SCHEDULE "A" rroHy rN-?O C n F'? X o H (D ()nxo ? r- r- rn w ?u ro -- mr- ct n 007 ?:s ?:s (D r+ Fi w ro N- *t o Q N- w w o of z t? h7 [rJ z H 4 i7 cn H z c r y t? z H r H H H d w a x th C) O ro o I?j o? 'v H H H C)o xz t+] 'o O H '=7 z G] H x r? H O 0 H ti d ° ? a -7 D ?. o u ? ? 0 22 0 ¢ ? w ° 0 ? J 0 ? o ? Q p ? 0 0 ? ? -1 ? NO 2 90 j c? 0 -7 0 Sheridan Mall 00 J Ci ° l 0 Ir w J SUBJECT PROPERTY 4 C:D N C ART IER Macoo P,0 TOWN OF PICKERING G° STA7 10N Planning Department Property Description \1 1 L+ zz Con. I «?'.I1 ???, \ \?,\ Application No Applicant C 3'D.S lnvestwos Date Scale STREET Q e1nrrl7r71?I' / *111 ?i ???i A '??? ?r l 1 Drawn BY Checked BYl r rilu