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HomeMy WebLinkAbout By-law 1733/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.1733 /83 Being a by-law to authorize the execution of an agreement with J.D.S. Investments Limited re- specting the reservation of a transportation terminal site in the Main Central Area. WHEREAS the Town's District Plan, as amended, includes a designation, within the Main Central Area of the Town Centre Community, of a future transportation terminal; and WHEREAS the Town wishes to ensure that the present redevelopment of Sheridan Mall shall not preclude the possibility of a transportation terminal being constructed; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between The Corporation of the Town of Picketing and J.D.S. Investments Limited respecting the reservation of a trans- portation terminal site in the Main Central Area of the Town Centre Community. BY-LAW read a first, second and third time and finally passed this 19th day of September , 1983. Clerk / Schedule A to By-law 1733/83 THIS AGREEMENT made in triplicate this 19th day of September, 1983. BETWEEN: J.D.S. INVESTMENTS LIMITED hereinafter called "J. D. S." OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called "Pickering" OF THE SECOND PART. WHEREAS J.D.So is the owner of certain lands in Pickering's Town Centre Community and wishes to provide for the expansion of Sheridan Mall; and WHEREAS such expansion requires the determination of a site for a future transporta- tion terminal; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid by each Party to the other, receipt of which by each is hereby acknowledged, and of the mutual benefits hereby by each derived, the Parties hereto covenant and agree one with the other as follows: The lands affected hereby are those lands more particularly described as lows: ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of, FIRSTLY, those parts of Lot 21, Concession 1, designated as Parts 28, 30, 31 and 32, Plan 40R-77t,~, BEING part of Parcel Picketing Con-1-21-2, Section Pickering; and 27, SECONDLY, those parts of Lot 21, Concession 1, designated as Parts 15 and 16, Plan hereinafter referred to as the "subject ]ands". 2. J.D.S. shall reserve the subject lands for the purpose of a transportation terminal until such time as, (a) Pickering's Town Centre Community Plan is amended by either deleting from Schedule VII-A thereto the "Transportation Terminal" designation or by moving that designation out of the vicinity of the subject lands, or (b) a Transportation Terminal is constructed in the Town Centre Community on lands other than the subject lands, or Picketing releases J,D.S., in writing, from the terms and con- ditions of this Agreement, whichever first occurs. So long as the subject lands remain reserved pursuant to the provisions of section 2, (a) J.D.S. shall not use or develop the subject lands for any purpose except landscaped open space alone or in conjunction with a parking area provid- ing parking spaces, in excess of those required by law, for the commer- cial lands to the north and west of the subject lands, (b) J.D.S. shall not further encumber the subject lands unless such further encumbrance is subject to the provisions of this Agreement and this Agreement has priority over that encumbrance, and (c) J.D.S. shall keep the subject lands in a neat seeded, sodded, paved or otherwise treated to Town. and orderly condition, the satisfaction of the This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED J.D.S. INVESTMENTS LIMITED President THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk - 2 -