HomeMy WebLinkAboutBy-law 1027/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.1027 /79
Being a By-Law to authorize the execution
of an Agreement amending a Development
Agreement, both between the Corporation
of the Town of Pickering and Bramalea
Limited respecting Part Lots 29 and 30,
Range 3, Broken Front Concession,
Pickering (Plans 40R-4715, 40R-4830,
Amberlea Industrial Park).
WHEREAS, in furtherance of the Owner's proposal to
develop certain lands in Lots 29 and 30, Range 3, Broken
Front Concession, Pickering, the Corporation of the Town
of Pickering and Bramalea Limited entered into a Develop-
ment Agreement dated January 8th, 1979 registered in the
Land Titles Office of the Registry Division of Durham on
March 6th, 1979 as Instrument LT87080; and
WHEREAS, it is now deemed expedient to amend the
provisions of the said Agreement in certain respects;
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", amending the Develop-
ment Agreement dated January 8th, 1979, both
between the Corporation of the Town of
Pickering and Bramalea Limited, respecting
Part Lots 29 and 30, Range 3, Broken Front
Concession, Pickering (Amberlea Industrial
Park).
BY-LAW read a first, second and third time and finally passed
this 30th day of , 1979.
Clerk
THIS AGREEMENT made this 30,t day of LLLL?
U
BETWEEN:
BRAMALEA LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
CANADIAN IMPERIAL BANK OF COMMERCE and
GRENSAW HOLDINGS LIMITED
hereinafter collectively called the "Encumbrancers"
OF THE THIRD PART.
1979.
WHEREAS, in furtherance of the Owner's proposal to develop
certain lands in Lots 29 and 30, Range 3, Broken Front Conces-
sion, designated as
(a) Parts 1-52, inclusive, on Plan 40R-4715,
and
(b) Parts 1-26, inclusive, on Plan 40R-4830,
the Parties hereto entered into a Development Agreement dated
January 8th, 1979 and registered in the Land Titles Office for
the Registry Division of Durham on 1979 as Instru-
ment No. (hereinafter referred to as the "Agreement");
and
WHEREAS it is now deemed expedient to amend the provisions
of the said Agreement in certain respects; and
WHEREAS the Encumbrancers have certain rights or interests
in the nature of encumbrances relating to the lands affected
hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consider-
ation of the Town approving the proposed zoning for the said
lands and the covenants hereinafter expressed, the parties
hereto covenant and agree one with the other as follows:
- z -
LANDS AFFECTED
The lands affected by this Agreement (hereinafter called
"the lands affected hereby") are:
ALL AND SINGULAR those certain parcels or
tracts 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,
- 3 -
2
PERFORMANCE & MAINTENANCE GUARANTEE
(a) Section 12 of the Agreement dated January 8th,
1979 is hereby renumbered subsection (a) of
section 12.
(b) Section 12 of the said Agreement is hereby
amended by adding thereto the following sub-
sections:
(b) Insofar as the amount of the security
required to be provided pursuant to
the provisions of subsection (a) is
based upon the anticipated cost of
construction of services as of January
8th, 1979, the Town Manager, may, in
considering applications for the reduc-
tion of such security, take into account
the anticipated cost of construction of
any services proposed after that date.
(c) The terms "work", "workmanship" and
"materials", as used in subsection (a),
in no way relate to the construction of
the railway bridge referred to in sec-
tion 20 of this Agreement.
3.
TRANSFERS - CONVEYANCES
(a) Section 15 of the said Agreement is hereby re-
numbered subsection (a) of section 15.
(b) Section 15 of the said Agreement is hereby
amended by adding thereto the following sub-
section:
(b) The Owner shall convey free and clear
of all encumbrances, at no cost to
the Grantee, on or before the 31st day
of August, 1979, the lands indicated
in Column I of the following Table to
the respective authority named in
-Column II of the Table:
4.
Column I
Plan 40R-4884
- Part 1
Plan 40R-4884
- Part 2
Column II
The Corporation of
the Town of Pickering
The Corporation of
the Town of Pickering
TRANSFERS - EASEMENTS - SPECIFIC
(a) Section 16 of the said Agreement is hereby re-
numbered subsection (a) of section 16.
(b) Section 16 of the said Agreement is hereby
amended by adding thereto the following sub-
section:
(b) The Owner shall grant easements to the
Town, for various purposes, at no cost
to the Town, on or before the 31st day
of August, 1979, upon the lands indi.ca-
ted in Column I of the following Table
to the respective authority named in
Column 11 of the Table:
- 4 -
4
5
TRANSFERS - EASEMENTS - SPECIFIC (Cont'd)
Column I
Plan 40R-4715
- Part 35
Column II
The Corporation of the
Town of Pickering
Plan 40R-5177
= Parts 1-5,
Inclusive
RAILWAY BRIDGE
The Corporation of the
Town of Pickering
(a) Section 20 of the said Agreement is hereby re-
numbered subsection (a) of section 20.
(b) Section 20 of the said Agreement is hereby
amended by adding thereto the following sub-
sections:
(b) Before commencing any of the work pro-
vided for herein, the Owner shall sup-
ply the Town with a Maintenance Secur-
ity in form satisfactory to the Town
and in an amount equal to 10% of the
total cost of construction of the
bridge to guarantee the workmanship and
materials for a period of two (2) years
from the date that the said works are
approved in writing by the Director of
Public Works. Such Maintenance Secur-
ity shall be in the form of an irrevo-
cable bank letter of credit. When the
obligation to maintain has expired, the
security shall be returned to the Owner
subject to any deductions for mainten-
ance purposes.
(c) The terms "work", "workmanship" and
"materials", as used in subsection (b)
relate only to the construction of the
railway bridge referred to in subsec-
tion (a).
6
ENCUMBRANCERS
The Encumbrancers agree with the Town that this Agree-
ment shall have priority over and take precedence over
any rights or interests they may have in the lands
affected hereby, whether or not any such right or
interest was established or arose prior to the date
hereof and whether or not such right or interest is
set out in or arises by virtue of any instrument or
document registered on title to the lands affected
hereby, or any part of them, prior to the registration
of this Agreement.
7. INTERPRETATION
(a) Whenever in this Agreement the word "Owner" and
the pronoun "it" is used, it shall be read and
construed as "Owner or owners" and "his", "her"
- 5 -
7. INTERPRETATION (Cont'd)
or "their", respectively, and the number of the
verb agreeing therewith shall be construed
accordingly.
(b) Time shall be of the essence of this Agreement.
(c) 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 said Parties have hereunto affixed their
Corporate Seals attested to by the hands of their proper officers
in that behalf fully authorized.
SIGNED, SEALED and DELIVERED
BRAMALEA LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
or
CANADIAN IMPERIAL BANK OF COMMERCE
Per:
Per:
GRENSAW HOLDINGS LIMITED
Per:
Per:
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