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HomeMy WebLinkAboutBy-law 925/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 925/78 Being a by-law to authorize the execution of a Site Plan Agreement between the Cor- poration of the Town of Pickering and Gingerwood Investments Limited with respect to Part Lot 18, Range 3, Broken Front Con- cession, Pickering. WHEREAS, pursuant to the provisions of By-Law 2511 as amended by By-Law 190/75, an Agreement is required to be entered into respecting the development or redevelopment of Part Lot 18, Range 3, Broken Front Concession, Pickering; and WHEREAS, on October 16th, 1978, the Council of the Corpora- tion of the Town of Pickering enacted By-Law 902/78 authorizing the execution of such an Agreement between the Corporation of the Town of Pickering and Shell Canada Limited; and WHEREAS, prior to the execution of that Agreement by Shell Canada Limited the lands and premises affected thereby were conveyed by Shell Canada Limited to Gingerwood Investments Limited; 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 Gingerwood Investments Limited and the Corporation of the Town of Pickering respect- ing Part Lot 18, Range 3, Broken Front Concession, Pickering. 2. By-Law 902/78 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 18th day of December, 1978. TO S' "r 0 SCHEDULE "A" THIS AGREEMENT made in duplicate this day of BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - GINGERWOOD INVESTMENTS LIMITED hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS section 5.27 of By-Law 2511, as amended by By-Law 190/75, placed all lands referred to in By-Law 2511 under devel- opment 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 redevel- opment of the lands affected hereby and any buildings construc- ted or to be constructed thereon; NOW THEREFORE this Agreement witnesseth that in considera- tion 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 existing building or buildings shall be altered and erected on the lands hereinbefore described until a site plan or plans displaying the following infor- mation 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, indicat- ing proposed exterior material types and colours; (g) proposed landscaping features; (h) use of lands not covered or to be covered by buildings; - 2 - (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 facil- ities; (m) locations and types of all proposed fencing; (n) proposed grading of the lands and provisions for storm and sanitary drainage and water service; (o) locations of all proposed garbage storage facilities; and (p) locations and specifications for all proposed standpipes and the locations of all proposed fire routes. 3. 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. 4. 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. 5. Any works required to be done on road allowances shall be done according to the specifications of the relevant author- ity 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. 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 situ- ate, especially but not necessarily limited to the requirements of By-Law 2511 as amended. 8. The Owner agrees that all proposals for exterior signs and experior 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 Municipal- ity of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. - 3 - 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 authorized officers. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor GINGERWOOD INVESTMENTS LIMITED Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and prem- ises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham (formerly in the Township of Pickering, in the County of Ontario) and being composed of: FIRSTLY, that part of Lot 18, Range 3, Broken Front Concession, designated as Part 1 on a plan of survey of record deposited in the Registry Office for the Registry Division of Durham as Plan 40R-498; TOGETHER WITH a right-of-way for ingress and egress to and from the lands herein before described by the owners thereof from time to time over that part of the said Lot 18 designated as Part 2 on the said Plan 40R-498, until such lands are dedicated as a public highway; and SECONDLY, that part of the road allowance between Lots 18 and 19, Range 3, Broken Front Concession, designated as Part 3 on the said Plan 40R-498.