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HomeMy WebLinkAboutBy-law 1131/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW 1131/80 Being a by-law to authorize the execution of an assignment of the Durham Board of Education's rights to acquire Block C, Plan M-1057 from Bramalea Limited and to authorize the Purchase of Block C, Plan M-1057, Pickering. WHEREAS, by agreement dated August 8th, 1975, Bramalea Consolidated Developments Limited (now Bramalea Limited) gave an option to The Durham Board of Education inter alia to ac- quire, subject to certain terms and conditions, Block C, Plan M-1057, Pickering; and WHEREAS, the said option is assignable by The Durham Board of Education to the Town of Pickering in the event that the former does not accept the option with respect to the said Block; and WHEREAS, by Board resolution dated April 28th, 1980,. the Board determined that it will not accept the option with respect to the said Block; and WHEREAS, pursuant to its powers under the provisions of paragraph 68 of section 352 of The Municipal Act, R.S.O. 1970, c.284, the Council of the Corporation of the Town of Pickering deems it desirable to acquire the said Block for public parks purposes; 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 an agreement, in the form attached hereto as Schedule "A", between The Durham Board of Education and the Corporation of the Town of Pickering, respecting the assignment to the Town of an agreement, dated August 8th, 1975, between the Board and Bramalea Limited, whereby the Board has an option to acquire Block C, Plan M-1057, Pickering, from Bramalea Limited. BY-LAW read a first, second and third time and finally passed this 2nd day of June , 1980. TOVA%1 F? PICKcRI. G AS TO FC' :'il 2c t o ' , 11 l % Mayor SCHEDULE "A" to By-law 1131/80 THIS AGREEMENT made in triplicate the day of May, 1980. BETWEEN: THE DURHAM BOARD OF EDUCATION, hereinafter called the Assignor, OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the Assignee, OF THE SECOND PART, WHEREAS, by agreement dated August 8th, 1975, Bramalea Consolidated Developments Limited (now Bramalea Limited) gave an option to the Assignor herein to purchase, subject to certain terms and conditions, all of Blocks C and K1 as designated on certain draft final plans of sub- division of Part Lot 28, Concession 1, Pickering, and now designated as Block C, Plan M-1057 and Block K-1, Plan M-1059, Pickering, respectively; and WHEREAS, one of the said terms and conditions pro- vides that the Assignor herein may assign the option to the Assignee herein in the event that the former does not ac- cept the option; and WHEREAS, the Assignee herein has determined that it will not exercise the option insofar as it relates to the purchase of Block C, Plan M-1057, Pickering; - NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) now paid by the Assignee to the Assignor, receipt of which by it is hereby acknowledged, the Parties hereto mutually covenant and agree as follows: 1. The Assignor hereby assigns to the Assignee its right, title and interest in and to the Agreement dated the 8th day of August, 1975, made between Bramalea Con- solidated Developments Limited and the Durham Board of Education, a copy of which agreement is hereto attached as Schedule "A" to this Agreement, including its rights of action or other rights accruing to it, or which might hereafter accrue to it under the said agreement, insofar as the said agreement relates to the purchase of Block C, Plan M-1057, Pickering. 2. This Agreement and everything contained herein shall enure to the benefit of, and be binding upon, the Parties hereto, their respective successors and assigns. - z - IN WITNESS WHEREOF,the Parties hereto have here- unto affixed their corporate seals duly attested by their respective authorized officers. SIGNED SEALED and DELIVERED THE DURHAM BOARD OF EDUCATION rman Superintendent of Business and Treasurer THE CORPORATION OF THE TOWN OF PICKERING Clerk SCHEDULE "A" AGREEP'=%'T made in duplicate he 6th day of 1975. B E T W E E N: BRAMALEA CONSOLIDATED DEVELOPMENTS LIMITED herein called the OPTIONOR of the FIRST PART - and - THE DURHAM BOARD OF EDUCATION herein called the OPTIONEE _ of the SECOND PART In consideration of the sum of ONE DOLLAR now paid by the Optionee to the Optionor (the receipt whereof by it is hereby ack- nowledged), the parties hereto mutually covenant and agree as follows: 1. The Optionor hereby gives to the Optionee an option irrevocable within the time limited herein for acceptance to purchase, free from encumbrances, all of Blocks C and K1 in the Town of Pickering, in the Region of Durham, composed of Part of Blocks 1 and 5, Registered Plan 353 and part of Lot 28, Concession I as shown on the two final plans of subdivision for registration outlined in red prepared by I.M. Pastnshak, Ontario Land Surveyors, dated January 15, 1974 and February 15, 1974 respectively attached hereto, and containing five acres each more or less. 2. The option shall be open for acceptance up to but not after five (5) years from the date of the registration of a plan of subdivision in the Land Registry Office for Durham Region, Whitby, Ontario, substantially the same e C./WITHIN ONE YEAR FOLLOWING ? r?l??f as the said draft plan or WpnX&]XeX)0PV1A)5W%Z'!"KXE6t issu- ance of seventy-five (758) percent of the single family and semi-detached residential building permits for the said plan of subdivision, whichever is the later and may be accepted by a letter delivered to the Optionor or mailed postage prepaid and registered, addressed to the Optionor at 1867 Yonge Street, Toronto, Ontario, M4S 1Y5, designating the Block with respect to which the option is accepted. 3. 4. 5. 7. - 1 - The purchase price of the said lands shall be the sum of Thirty-Two Thousand Dollars ($32,000.00) per acre if this Option is accepted upon the date of regis- tration of the said plan of subdivision and thereafter increased at the rate of ten (108) percent accured on a daily basis from the date of registration to the date of acceptance hereof. The Optionor agrees to have the said lands surveyed by an Ontario Land Surveyor and to provide the Optionee with a plan of survey and surveyor's certificate indicating the exact acreage thereof not less than thirty (30) days prior to closing. Upon acceptance of this option for either block there shall be paid to the Optionor as a deposit the sum of ONE THOUSAND DOLLARS ($1,000.00) for each block accepted, to be held by the Optionor pending completion of the sale or other termination of the agreement arising from the acceptance of the option, and the balance of the purchase price shall be paid in cash or by certified cheque on closing,.. All charges for the construction of the street and municipal services and utilities adjacent to the said Blocks shall be fully paid by the Optionor. The sale for each block shall be completed sixty (60) days after the date of acceptance of this option for such block. 8. The Optionee shall search the title at its own expense and shall have thirty (30) days from the date of acceptance of the option for each block to examine it and shall then be deemed to have accepted the title except as to any written objections made within that time. If any objections be made within the time, the Optionor shall have ten (10) days to remove it but if it is unable to do so and the Optionee is not 3 willing to waive the objection, the Optionee may, notwithstanding any intermediate correspondence, cancel the contract and the sum paid for the Option shall be returned to the Optionee and the Optionor shall not be liable to the Optionee for any expenses incurred by the Optionee. 9. The title to the property shall be good and free from all encumbrances. 10. Time shall be of the essence of this agreement. 11. This agreement shall be' included and form part of the subdivision agreement. 12. This agreement shall enure to the benefit of and be binding upon the successors and assigns of the parties hereto respectively. 13. Prior to the construction of the road upon which each block abuts, the Optionor shall submit to the Optionee the grade plans showing the proposed levels of Blocks C and K1 and of the street and adjacent property abutting them in order that the Optionee may approve same and thereafter the Optionor shall not make any change in such grade plans without the consent in writing of the Optionee. 19. The Optionor hereby agrees that the Optionee may assign the Option to the Town of Pickering upon the same terms and conditions within the time limited herein, in the event that the Optionee does not accept the Option. 15. This agreement is subject to the express condition that it shall be effective to create an interest in lands only if the provisions of Section 29 of the Planning Act are complied with by registration of a plan of subdivision. 16. All deeds delivered by the Optionor upon acceptance 4 of the option and completion of the transaction shall contain the following covenant: The Grantee hereby covenants with the Grantor that it will not use the land hereby conveyed or sell or convey such land for such other purpose or suffer or permit the said land to be used for any purpose except for school purposes, park or recreation purpose which restriction shall be deemed to run with the land and shall bind the Grantee, its successors and all future assigns of the land or any part thereof during the period of twenty (20) years next ensuing. In the event that the Grantee during the said period desires to use the land for any other purpose it shall offer the land to the Grantor at the same price and upon the same terms as this conveyance is made by notice in writing to the Grantor which offer shall be open for a period of sixty (60) days and if not accepted the Grantee shall be released of the said restriction. 17. The Optionor covenants and agrees to construct a chain link fence six (6) feet in height at the rear lot line of residential lots abutting the said Blocks C and K1. WITNESS the corporate seal of the Optionor attested to by the hands of its proper officers in that behalf. BRAMALEA CONSOLIDATED LIMITED Per: rest e •? V. P Ln r, s I y 7 2T 4 G E+ E a A 77 A wA EW aE A H oa uz W aP4 O a G4 A i N 2 O O WH U AW ? O H J E z W w O H E a O rroHH CnHogg 7c o p F- nxo J ?• F" M wNro rt o 0 PV O N rt n nog r•aw 0 R. roro ?• a rt xrt m Hr P. O ? N m w- H 0 0 n((D y N ?o as H 0 z H H x th d C e? c n H U1 H Q 0z? 0 ro ( R. i H x trJ A 0 ro 00 ro?H H H ?z H 'r1 z L7 H x q N d H t? d