HomeMy WebLinkAboutBy-law 1452/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1452/82
Being a By-Law to authorize the execution
of an Agreement for dedication of community
lands, and Option to Purchase, between
Ontario Land Corporation and the Corporation
of the Town of Pickering respecting the
acquisition of Part Lot 34, Concession 6,
Pickering (Green River Community Centre)
WHEREAS pursuant to the provisions of section 336 of the Municipal Act,
R.S.O. 1980, chapter 302, the council of every corporation may pass
by-laws for acquiring any land required for the purposes of the corpor-
ation; and
WHEREAS it is deemed desirable to acquire certain lands in Lot 34,
Concession 6, Pickering, for the purposes of the establishment of the
Green River Community Centre;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Agreement
for Dedication of Community Lands, in the form attached hereto as
Schedule "A", between Ontario Land Corporation and the Corporation
of the Town of Pickering respecting that part of Lot 34, Conces-
sion 6, designated as Part 1 on Ontario Land Corporation Plan
6350-406 (Green River Community Centre).
The Mayor and Clerk are hereby further authorized to execute an
Option to Purchase, in the form attached hereto as Schedule "C"
to Schedule "A" attached hereto, between the Corporation of the
Town of Picketing and Ontario Land Corporation respecting that
part of Lot 34, Concession 6, Pickering, designated as Part 1
on Ontario Land Corporation Plan 6350-406, which Plan is deposi-
ted in the Land Registry Office for the Registry Division of
Durham at Whitby as Plan 40R-
BY-LAW read a first, second and third time and finally passed this
1st day of March , 1982.
SCHEDULE "A" TO BY-LAW 1452/82
AGREEMENT FOR DEDICATION OF COMMUNITY LANDS
BETWEEN:
ONTARIO LAND CORPORATION
(hereinafter called "OLC")
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Town")
OF THE SECOND PART.
WHEREAS OLC is the registered owner in fee simple of the Land described
in Schedule "A" hereto; and
WHEREAS OLC proposes to dedicate the land to the Town for the purpose
of a Community Centre;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT:
1. DEFINITIONS
The following words and expressions wherever used in this Agree-
ment shall have the following meanings:
(a) "Acceptance of this Agreement" means execution and delivery by
the Town to OLC;
(b) "Agreement" means this document as originally signed'and
delivered and as amended from time to time;
(c)
"Date of Acceptanc~e" means the date that this Agreement is
executed by OLC and delivered to the Town as indicated in
signature page of this Agreement;
the
(d) "Date of Closing" means the 30th day of April, 1982, unless
extended as provided for herein;
(e) "Land" means the land described in Schedule "A" hereto attached,
together with all buildings and structures presently located
thereon.
CONSIDERATION
In consideration of the premises and of the covenants herein,
- 2 -
2. CONSIDERATION (Cont'd)
(a)
OLC shall convey, on the Date of Closing, the Land in fee
simple, free of encumbrances, to the Town for the sum of
$2.00 (Two Dollars), upon and subject to the terms and con-
ditions of this Agreement;
(b)
The Town shall, from time to time, reduce, by a total of
0.5392 hectares, its requirements for community park dedi-
cations relating to the development of future residential
subdivisions of the Land of OLC in the area described in
Schedule "B" of this Agreement.
3. PAYMENT OF TAXES & OTHER CHARGES
The Town shall assume,
property taxes, rates,
against the Land.
from and after the Date of Closing, all
charges and assessments now existing
TITLE
(1)
The Town may examine the Title at the Town's own expense and
the Town may not call for production of any Title Deed or
Abstract of Title or to have furnished other copies thereof
other than those in OLC's possession or under its control.
(2)
The Town is allowed thirty (30) days from the Date of Accep-
tance of this Agreement by OLC to examine the title, and if
within that time, the Town furnishes OLC, in writing, with
any valid objection to the title, which OLC is unwilling or
unable to remove, and which the Town will not waive, this
Agreement will be null and void, and neither OLC nor the Town
will be liable for any costs or damages, but if no valid
objection to the title is made within the said time, the Town
is conclusively deemed to have accepted the title of OLC to
the Land.
5. CONVEYANCE & POSSESSION OF THE LAND
(1) On the Date of Closing, OLC shall convey the Land to the Town
by a good and sufficient Deed or Transfer.
(2) OLC shall give the Town possession of the Land on the Date of
Closing, subject to any lease agreements in force on the Date
of Closing.
(3)
OLC and the Town acknowledge that certain of the leases on
the Land may include additional land to the Land being the
subject of this Agreement; when a survey is prepared, which
is being prepared by OLC at OLC's expense and which will be
prepared on or before the Date of Closing, OLC and the Town
will apportion the rental revenue so that the Town will
receive only that portion of the rental revenue that applies
to the Land conveyed to the Town.
6. COMMUNITY CENTRE USE
(1)
The Town covenants with OLC that the Town will use the Land
and Buildings thereon for the purpose of a Community Centre
and no other purpose, and if the Town uses the Land and
Buildings thereon for any other purpose, OLC may exercise its
Option to Purchase contained in Schedule "C" of this Agree-
ment.
- 3 -
6. COMMUNITY CENTRE USE (Cont'd)
(2)
The Town shall, on or before December 31st, 1983, renovate
the Land and Building for use as a Community Centre, and if
the Town fails to renovate the Land and Building for use as a
Community Centre by December 31st, 1983, OLC shall forthwith
after such date purchase the Land including all improvements
for the sum of ($2. 00) Two Dollars without interest or comp-
ensation for improvements or taxes or outgoings of the Town
in relation to the Land; it is agreed between the Parties
hereto that a section to be drafted by 0LC enforcing this
section may be included in the Deed of Land from OLC to the
Town and such Deed shall be signed by the Town as well as
OLC.
7. OPTION TO PURCHASE
(1)
The Town shall sign and deliver to OLC on the Date of Closing
an Option to Purchase in the form attached to this Agreement
as Schedule "C" which is, for all purposes, an integral part
of this Agreement and if such Option is not signed and
delivered to the Town on the Date of Closing, this Agreement
will, at the option of OLC, be null and void.
(2)
OLC shall have the privilege of registering the Option to
Purchase described in this section on the title of the Land
at, or after, delivery to the Town of any Deed or Transfer.
8. GENERAL CONDITIONS
(1)
Ail documents necessary to transfer title, including surveys,
shall be prepared by OLC, at its expense, but each Party
shall be responsible for its own legal and registration
costs.
(2)
Tender of documents or money may be made upon the solicitor
for either Party.
(3)
This Agreement when accepted constitutes a binding Agreement
and time is in all respects of the essence hereof.
(4)
This Agreement is open for acceptance by OLC until one minute
before midday on the 31st day of March, 1982, after which
time if not executed by OLC and delivered to the Town or its
solicitor, it shall become null and void.
(5)
The Land remains at the risk of OLC until the Date of Clos-
ing.
(6)
The Town and OLC shall adjust applicable taxes, grants-in-
lieu of taxes and utility charges, if any, as of the Date of
Closing.
(7)
This Agreement enures to the benefit of, and is binding upon,
the Parties hereto and their successors and assigns but no
assignment of this Agreement is valid unless it has first
been approved in writing by OLC.
(8)
Any of the covenants and conditions of this Agreement not
completed on or before closing survive the closing of the
conveyance of the Land and do not blend or meld or merge with
the delivery of title to the Land by OLC to the Town as
provided herein.
8. GENERAL CONDITIONS (Cont'd)
(9)
Schedules "A", "B", "C" and "D" attached hereto for all
purposes form an integral part of this Agreement.
(10)
The captions and headings in this Agreement are for reference
only and do not affect the meaning of anything in this Agree-
ment.
(11)
Any notice, demand, request, consent, approval, disapproval,
acknowledgement, or other matter which either Party hereto
may desire or be required to give to the other Party hereto
with regard to any matter or thing in this Agreement con-
tained shall be in writing and shall be personally served
upon OLC addressed to Ontario Land Corporation, 60 Bloor
Street West, 10th Floor, Toronto, Ontario, M4W 3K7, marked to
the attention of the Director, Land Operations, or upon the
Town, addressed to The Corporation of the Town of Picketing,
1710 Kingston Road, Picketing, Ontario, L1V 1C7, marked to
the attention of the Town Clerk and every such notice, or
other document referred to above shall be deemed to have been
given on the date when it was so personally served; either
Party may from time to time give notice in writing to the
other Party of any change of address of the Party giving such
notice and from and after the giving of such notice the
address therein specified shall be the address of such Party
for the giving of notices thereafter.
IN WITNESS W~EREOF, the Parties hereto have signed this Agreement under
Seal this day of , 19
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
Accepted by OLC %his
day of , 198
SIGNED, SEALED & DELIVERED
ONTARIO LAND CORPORATION
By its Authorized Signing Officers
Thief Executive Officer
Corporate Secretary
SCHEDULE "A"
In the Town of Pickering, in the Regional Municipality of Durham, in
the Province of Ontario, and being that portion of Lot 34, Concession
6, designated as Part 1 on Ontario Land Corporation Plan 6350-406, as
shown, for illustrative purposes, on Schedule "D" hereto.
SCHEDULE "B"
In the Town of Pickering, in the Regional Municipality of Durham, in
the Province of Ontario, and being those lands designated as Part 1 on
Ministry of Housing Expropriation Plan 6350-036, duly registered in the
Land Registry Office for the Registry Division of Durham at Whitby as
No. 263 (EXP.)
SCHEDULE "C"
OPTION TO PURCHASE
THIS AGREEMENT made this
day of , 198
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Town")
OF THE FIRST PART,
- and -
ONTARIO LAND CORPORATION
(hereinafter called "OLC")
OF THE SECOND PART.
WITNESS that in consideration of other valuable consideration and the
sum of $2.00 (Two Dollars) of lawful money of Canada now paid by OLC to
the Town, the receipt of which is hereby acknowledged, the Town hereby
grants to OLC an Option and a right of first refusal irrevocable within
a period of 3 (three) years from the date hereof to purchase the Land,
described in Schedule 1 hereto (hereinafter called the "Land"), upon
the following terms and conditions:
1. OLC may exercise this Option to Purchase:
(a)
if the Town offers the Land and Building or either of them,
for sale before substantially completing the renovations to
convert the Land and Building thereon for use as a Community
Centre; or
(b)
if the Town ceases to use the Land and Building thereon as a
Community Centre.
Before the Town offers the Land for sale or ceases to use the Land
as a Community Centre, it shall first notify OLC in writing of the
proposed sale, or the proposed change in use, and OLC shall there-
upon have the option of giving notice to the Town in writing
within 14 (fourteen) days that OLC will purchase the Land, and, in
the event that OLC gives such notice, within 90 days after the
date thereof, the Town shall sell the Land to OLC at the Total
SCHEDULE "C" (Cont'd)
Purchase Price of $2.00 (Two Dollars) free of encumbrances and
shall pay all applicable taxes, interest, public utility and other
charges on the Land to the Date of closing of the sale to OLC.
IN WITNESS WHEREOF the Parties hereto have signed this Agreement under
seal this day of , 198
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
ONTARIO LAND CORPORATION
By its Authorized Signing Officers
Chief Executive Officer
Corporate Secretary
STANCES S¼=,,, i 0~ THIS PLAN
~D CAN BE CSNVERYED TO FEET
5048.
SCHEDULE "D"
~N OF
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PLAN
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ART 3
DEPOSITED PLAN ~3 !G2, M~C. ~'- L~C p.,A~o. ,~-~-5
~ ALLOWANce FOR
SCHEDULE "1"
In the Town of Pickering, in the Regional Municipality of Durham, in
the Province of Ontario, and being that portion of Lot 34, Concession
6, designated as Part 1 on Ontario Land Corporation Plan 6350-406, duly
deposited in the Land Registry Office for the Registry Division of
Durham at Whitby as Plan 40R-
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Town of Pickering
Legal Department