HomeMy WebLinkAboutBy-law 1180/80CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1180/80
Being a By-Law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and Alpa Lumber
Inc. respecting Part Lot 18, Range 3, Broken
Front Concession (Parts 2 and 3, Plan
40R-3158)
WHEREAS, the Corporation of the Town of Pickering (the
"Town") and Reed Lumber Company Limited ("Reed") entered into
an Agreement of Purchase and Sale dated August 16th, 1976
respecting the sale, upon certain terms and conditions, by
the Town to Reed, of that part of Lot 18, Range 3, Broken Front
Concession, designated as Parts 2 and 3, Plan 40R-3158; and
WHEREAS, the Town and Reed amended the said Agreement
by subsequent Agreement dated April 10th, 1978; and
WHEREAS, Alpa Lumber Inc. is the successor to Reed in
respect to the said Agreements;
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 Corporation
of the Town of Pickering and Alpa Lumber Inc.,
amending the provisions of an Agreement dated
August 16th, 1976 and a further Agreement
dated April 10th, 1978, respecting that part
of Lot 18, Range 3, Broken Front Concession
designated as Parts 2 and 3 on Plan 40R-3158.
BY-LAW read a first, second and third time and finally passed
this 6th day of October , 1980.
yor
GI/
TOWN O
PICKERIN
APPF,
AS TO
It LEGAL DEPTH 1
SCHEDULE "A" to By-law 1180/80
THIS AGREEMENT made this day of , 1980.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
ALPA LUMBER INC.
hereinafter referred to as "Alpa"
OF THE SECOND PART.
WTE_ REAS, the Town and Reed Lumber Company Ltd. (here-
inafter referred to as "Reed") entered into an Agreement of
Purchase and Sale (hereinafter referred to as the "Original
Agreement"), dated August 16th, 1976 respecting the sale by
the Town to Reed of that part of Lot 18, Range 3, Broken
Front Concession, Town of Pickering, designated as Part 3 on
Plan 40R-3158; and
WHEREAS, the said Original Agreement provided, inter
alia, that Reed erect on the land conveyed and certain
optioned lands a building or buildings having a total gross
floor area of 50,000 square feet to be completed on or before
May 15th, 1978; and
vi REAS, the Town and Reed entered into a subsequent
Agreement (hereinafter referred to as the "First Amending
Agreement"), dated April 10th, 1978, respecting, inter alia,
the extension of the time limit for the erection of the said
building or buildings upon certain terms and conditions; and
WHEREAS, Alpa is the successor in title to Reed of
the lands affected hereby, and has assumed, by Agreement dated
February 26th, 1979, between the Town and Alpa, all of Reed's
richts, 1`_a iL ties, and obligations under the Original Agree-
ment as a.__-'e3 by the First Amending Agreement; and
W -3°yS, it is now deemed expedient to extend furttler
the tize limit for the erection of the said building or build-
ings upon certain terms and conditions;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in
consideration of the benefits and covenants hereinafter
expressed, and the sum of two dollars ($2.00) paid by each
Party to the other, receipt of which is hereby by each
acknowledged, the Parties hereto hereby covenant and agree
as follows:
- 2 -
1. The lands affected by this Agreement are more
particularly described as follows:
ALL AND SINGULAR that certain parcel or tract
of land 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 those parts of
Lot 18, Range 3, Broken Front Concession,
designated as Parts 2 and 3 on a Plan of Survey
of Record registered in the Registry Office for
the Registry Division of Durham as Plan 40R-3158.
2. Section 8:01 of the Original Agreement, as amended
by section 2 of the First Amending Agreement, is
hereby amended to provide as follows:
Alpa covenants that it will erect on Parts 2 and
3, Plan 40R-3158, a building or buildings having
a total gross floor area of 50,000 square feet to
be completed on or before May 15th, 1984.
3. All other provisions of the original Agreement,
as amended by the First Amending Agreement, shall
remain the same and time is to continue to be of
the essence thereof. _
4. (1) In partial consideration for the Town enter-
ing into this Agreement, Alpa agrees to pay
to the Town the following amounts on the
dates indicated:
(i) $26,050.00 on or before May 15th,
1981;
(ii) a further $28,650.00, on or before
May 15th, 1982; and
(iii) a further $31,550.00, on or before
May 15th, 1983.
(2) If Alpa completes the erection of the said
building or buildings on or before the due
date of any of the payments required to be
made pursuant to subsection 1, then in that
event the payment due on that date, if any,
and all payments due on subsequent dates
shall not be payable.
(3) Nothing in this section shall relieve the
Purchaser of its obligation to erect the
building or buildings required to be
erected by section 8:01 of the original
Agreement, as amended hereby.
5. Time shall be of the essence hereof.
6. The provisions of this Agreement shall enure to the
benefit of and be binding upon the Parties hereto,
their successors and assigns.
- 3 -
IN WITNESS WHEREOF the Parties hereto have hereunto
affixed their respective corporate seals.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
C
ALPA LUMBER INC.
Per:
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