HomeMy WebLinkAboutBy-law 901/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 901/78
Being a by-law to authorize the execution
of certain Development Agreements respect-
ing homes of historical significance in
the Hamlet of Whitevale (Mostaard and
Willson)
WHEREAS the Province of Ontario intends to convey certain
lands and premises in the Hamlet of Whitevale upon which are
situated certain buildings of historical significance;
AND WHEREAS such buildings are in need of certain repair
and restoration in order to preserve that historical signifi-
cance;
AND WHEREAS, as a consequence, one of the terms of the
Offers of Purchase and Sale between the Province of Ontario
and the redevelopers, is the entering into of a Development
Agreement between the Town and each proposed purchaser;
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 Development Agreement in the form attached hereto
as Schedule "A" between the Corporation of the Town
of Pickering and Tiny Mostaard
respecting the redevelopment of that part of Lot
30, Concession 4, designated as Part 1 on Plan
40R-4309 (Provincial Property No. C-8).
2. The Mayor and Clerk are hereby authorized to execute
a Development Agreement in the form attached hereto
as Schedule "A" between the Corporation of the Town
of Pickering and Anna Wilson
respecting the redevelopment of all of Lots 30, 31
and 32, Plan 21, designated as Part 6 on Plan
40R-2225 (Provincial Property No. A-351).
BY-LAW read a first, second and third time and finally passed
this 16th day of October , 1978•
TOWN OF
PICKERING
APPROVED
AS TO FOR^r?
I LEGAL DEPT. I
SCHEDULE "A"
i
THIS AGREEMENT made in duplicate this day of
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART
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hereinafter referred to as the "Owner"
OF THE SECOND PART
WHEREAS the Owner is the owner in fee simple of
certain lands and premises more particularly described in
Schedule "A" hereto;
AND WHEREAS the Owner wishes to re-develop those
lands and premises in a certain manner;
AND WHEREAS the Owner is required by Agreement
dated the day of between the Owner
and to enter into an agreement with
the Town for certain purposes;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in
consideration of the mutual covenants and agreements herein
contained, and subject to the terms and conditions hereinafter
set out, the Parties hereto agree as follows:
1. The lands and premises affected by this agreement are
those lands and premises more particularly described in Schedule
"A" hereto.
2. The existing building or buildings located on the lands
and premises affected hereby shall be reconstructed and restored
by the Owner, at his expense, in accordance with the drawings
and specifications attached hereto as Schedule "B".
3. The work referred to in section 2 shall be substantially
completed on or before the day of , 1979.
4. The Town shall have the right to inspect the work
performed on the lands affected hereby from time to time and,
when such work is substantially completed in accordance with
the drawings and specifications attached hereto as Schedule "B"
and to the satisfaction of the Town, the Owner's engineer or
architect will certify to the Town that such work has been
substantially completed.
5. The Owner covenants that after the work referred to in
section 2 has been completed, the Owner shall maintain the
property in substantially the same condition as it will be when
the work referred to in section 2 is completed for a period of
twenty (20) years from the date hereof.
6. The Owner shall furnish to the Town a Performance I
Security in a form satisfactory to the Town in the amount of I
$ covering the faithful performance of his
obligations contained in sections 2, 3 and 4.
7. In the event that any of the following occurs:
(a) The Owner does not commence the work referred to in `
Sch edule "B" on or before 197 ; or
(b) The Owner deviates from the specifications and drawings
ref erred to in Schedule "B" attached hereto; or
(c) All work referred to in Schedule "B" is not certified
by the Owner's engineer or architect to the Town as
sub stantially completed on or before the date referred
to in section 3 herein,
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the Performance Security referred to in section 6 herein shall
be forfeited to the Town.
8. It is agreed between the parties hereto that every
covenant, proviso and agreement herein shall enure to the benefit
of and be binding upon the parties hereto, and their heirs,
executors, administrators, successors and assigns, as the case
may be, and that all covenants herein shall be construed as
being joint and several, and that, when the context so requires
or permits, the singular number shall be read as if the plural
were expressed, and the masculine gender as if the feminine or
neuter, as the case may be, were expressed.
DATED this day of , 1978.
IN WITNESS WHEREOF the parties hereto have executed these presen
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE
TOWN OF PICKERING
Mayor
Clerk
in the presence of
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