HomeMy WebLinkAboutBy-law 961/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 961/79
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 & 3, Plan 40R-
3158)
WHEREAS, the Corporation of
Reed Lumber Company Ltd. entered
and Sale, dated August 16th, 197
Town to Reed Lumber Company Ltd.
3, Broken Front Concession, Town
Part 3 on Plan 40R-3158; and
the Town of Pickering and
into an Agreement of Purchase
5, respecting the sale by the
of that part of Lot 18, Range
of Pickering, designated as
WHEREAS, the said Agreement provided inter alia, that
the Town grant to Reed Lumber Company Ltd. the sole and exclu-
sive option to purchase that part of the said lot designated
as Part 2 on Plan 40R-3158, in accordance with the terms and
conditions of an Option Agreement, dated July 13th, 1976,
between the Town and Reed Lumber Company Limited; and
WHEREAS, pursuant to By-Law No. 808/78, the Town and
Reed Lumber Company Ltd. entered into a further Agreement
dated April 10th, 1978, the provisions of which amend certain
provisions in the above-mentioned Option Agreement; and
WHEREAS, Reed Lumber Company Ltd. is presently trans-
ferring its assets and liabilities to Alpa Lumber Inc. and
it is therefore deemed expedient to permit Alpa to stand in
the place and stead of Reed insofar as the above-mentioned
Agreements are concerned;
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 between the Corporation of the Town of
Pickering and Alpa Lumber Inc. in the form attached
hereto as Schedule "A", permitting Alpa Lumber
Company Inc. to stand in the place and stead of Reed
Lumber Company Inc. insofar as the aforementioned
Agreements are concerned, 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 26th day of February 1979.
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I.Cc"L_ i? a
SCHEDULE "A" to By-law 961/79_
THIS AGREEMENT made this 26th day of February, 1979.
BETWEEN:
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.
WHEREAS, the Town and Reed Lumber Company Ltd. (here-
inafter referred to as "Reed") entered into an Agreement of
Purchase and Sale, dated August 16th, 1976 (a copy of which
forms part of Schedule 1 to the Schedule attached hereto)
respecting the sale by the Town to Reed of that part of Lot
18, Range 3, Broken Front Concession, Town of Pickering, des-
ignated as Part 3 on Plan 40R-3158; and
WHEREAS, the said Agreement provided inter alia, that
the Town grant to Reed the sole and exclusive option to pur-
chase that part of the said lot designated as Part 2 on Plan
40R-3158, in accordance with the terms and conditions of an
Option Agreement, dated July 13th, 1976 (a copy of which
forms part of Schedule 1 to the Schedule attached hereto)
between the Town and Reed; and
WHEREAS, the Town and Reed entered into a further
Agreement (hereinafter referred to as the "Amending Agreement")
dated April 10th, 1978 (a copy of which is attached as the
Schedule hereto), the provisions of which amend certain pro-
visions in the above-mentioned Option Agreement; and
WHEREAS, Reed is presently transferring its assets and
liabilities to Alpa and it is therefore deemed expedient to
permit Alpa to stand in the place and stead of Reed insofar
as the above-mentioned Agreements are concerned;
NOW THEREFORE, THIS AGREEMENT witnesseth that in con-
sideration 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 convenant and agree as follows:
1. The lands affected by this Agreement are more par-
ticularly described as follows:
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All and singular that certain parcel or tract
of land and premises situate, lying and being
in the Town of Pickering, in the Regional Mun-
icipality 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 Reg-
istry Division of Durham as Plan 40R-3158.
2. Alpa, with the Town's knowledge and consent, hereby
agrees to stand in the place and stead of Reed and
to assume all of Reed's rights, liabilities and
obligations, existing at the date hereof, or which
may exist, pursuant to the terms and conditions of:
(a) The Agreement of Purchase and Sale, dated
August 16th, 1976, between the Town and
Reed;
(b) The Option Agreement, dated July 13th,
1976, between the Town and Reed; and
(c) The Amending Agreement, dated April 10th,
1978, between the Town and Reed.
3. The above-mentioned Amending Agreement is attached
hereto as a Schedule to this Agreement and forms
part of this Agreement.
4. All the provisions of the above-mentioned Agreements
shall continue to have effect and time shall continue
to be of the essence thereof.
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.
IN WITNESS WHEREOF the Parties hereto have hereunto
affixed their respective corporate seals, duly attested by
their proper authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
7'
ALPA LUMBER INC.
Per:
SCHEDULE TO AGREEMENT
DATED
FEBRUARY 26TH, 1979
THIS AGREEMENT made in duplicate this 10 day of April 1978
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERI
hereinafter referred to as the "Vendor",
OF THE FIRST PART,
- and
REED LUMBER COMPANY LTD.,
hereinafter referred to as the "Purchaser",
OF THE SECOND PART.
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WHEREAS the Vendor and the Purchaser entered into an
Agreement of Purchase and Sale, dated August 16, 1976 (a
copy of which is attached hereto as Schedule 1) respecting
the sale by the Vendor to the Purchaser 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 Agreement provided, inter alia,
that:
(a) the Vendor grant to the purchaser the
sole and exclusive option to purchase
that part of the said Lot designated
as Part 2 on Plan 40R-3158, in accord-
ance with the terms and conditions of
an Option Agreement, dated July 13,
1976, between the Parties hereto (a
copy of which forms part of Schedule
1 hereto); and further, that
(b) the Purchaser erect on the lands con-
veyed and the optioned lands a build-
ing or buildings having a total gross
floor area of 50,000 square feet to
be completed on or before May 15,
1978;
AND WHEREAS it is now deemed expedient to:
(a) amend the terms and conditions of the
said Option Agreement; and
(b) extend the time limit-for the erection
of the said building or buildings;
upon certain terms and conditions;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consid-
eration 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:
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1.
The lands affected by this Agreement are more particu-
larly 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.
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Section 8:01 of the Agreement of Purchase and Sale,
dated August 16, 1976, between the Parties hereto is
hereby amended to provide as follows:
The Purchaser covenants that it will erect on
the real property and the optioned lands a
building or buildings having a total gross
floor area of 50,000 square feet to be com-
pleted on or before May 15, 1981.
All other provisions of the said Agreement of Purchase
and Sale shall remain the same and time is to continue
to be of the essence thereof.
4. Section 3 of the option Agreement, dated July 13, 1976,
between the Parties hereto, which option Agreement is
attached to the aforesaid Agreement of Purchase and
Sale as Schedule "B" thereto, is hereby amended to
provide as follows:
The option hereby granted shall be open for
acceptance by the Purchaser up to but not
after September 30, 1980 and may be accepted
by a letter delivered personally or by pre-
paid ordinary mail addressed to the Vendor
at the following address:
Municipal Building,
Pickering, Ontario.
5. All other provisions of the said Option Agreement shall
remain the same and time is to continue to be of the
essence thereof.
6. (a) In order to compensate the Vendor for realty
and business taxes which it may otherwise
have earned, had the aforementioned building
or buildings been erected within the time
limited by the Agreement of Purchase and
Sale dated August 16, 1976, the Purchaser
agrees to pay to the Vendor the following
amounts on the dates indicated:
(i) $19,600.00 on or before May 15, 1978;
(ii) a further $21,550.00, on or before
May 15, 1979; and
(iii) a further $23,700.00, on or before
May 15, 1980.
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(b) If the Purchaser completes the erection of
the building or buildings required to be
erected by section 8:01 of the said Agree-
ment of Purchase and Sale, as amended here-
by, and in addition, exercises its option
to purchase granted by the said Option
Agreement, as amended hereby, on or before
May 15, 1979, then the payments otherwise
required to be made on May 15, 1979 and on
May 15, 1980 shall not be payable.
(c) If the Purchaser completes the erection of
the building or buildings required to be
erected by section 8:01 of the said Agree-
ment of Purchase and Sale, as amended here-
by, and in addition, exercises its option
to purchase granted by the said option
Agreement, as amended hereby, on or before
May 15, 1980 but after may 15, 1979, then
the payment otherwise required to be made
on May 15, 1980 shall not be payable.
(d) Subject to the provisions of subsections
(b) and (c) hereof, if any payment re-
quired to be made under the provisions of
subsection (a) hereof is not made on or
before the due date for payment, then in
that event the Purchaser shall be deemed
to have breached the provisions of section
8:01 of the said Agreement of Purchase and
Sale and the option granted by the said
Option Agreement shall be deemed to have
expired, notwithstanding the provisions
of sections 2 and 4 hereof.
(e) 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 said Agree-
ment of Purchase and Sale, as amended
hereby.
7. Time shall be of the essence hereof.
8. The provisions of this Agreement 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.
SIGNED, SEALED & DELIVERED
THE,CORP,ORATION OF THE TOWN OF PICKERING
REED LUMBER COMPANY LTD.
PRESIDENT
VTCE FFFSTDF.NT
SCHEDULE 1
1:00 OFYEI: TO PUJ:CIIASE
1:01 REED LUMBER COMPANY LTD., (hereinafter referred to
as the "Purchaser") hereby offers to purchase from THE
CORPORATION OF THE TOWN OF PICKERING (hereinafter referred
to as the "Vendor") through S.SORBARA REAL ESTATE INC.,
(hereinafter referred to as the "Agent") the lands in the
Town of Pickering, being that Part of Lot 18, Range 3,
Broken Concession shown outlined in red on the sketch
attached hereto as Schedule 'A' (hereinafter referred to
as the"real property").
2:00 DEFINITIONS
2:01 The Corporation of the Town of Pickering is
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hereinafter referred to as the "Municipality".
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3:00 PRICE
3:01 Within thirty days after the acceptance hereof
the Vendor shall deliver to the Purchaser an up-to-date
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survey prepared by an Ontario Land Surveyor showing the
dimensions and the respective areas of the real property
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and the lands outlined in green on Schedule 'A'. The
lands outlined in green on Schedule 'A' are hereinafter
referred to as the "Optioned Lands".
3:02 The purchase price for the real property shall
be computed at the rate of $47,000.00 per acre and shall
be payable as follows:-
(a) $10,000.00 herewith as a deposit by
cheque payable to the Agent to be held by
such Agent pending completion or other
termination of this agreement and to be
credited on account of the purchase price
on closing;
(b) The balance of the purchase price by
certified cheque on closing subject to
adjustments.
4:00 CONDITIONS
4:01 Subject to the Purchaser's right of waiver, the
within agreement is conditional upon satisfaction of the
following:-
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(a) That the area of the real property is
approximately 10 acres and the total area
of the real property and the optioned lands
does not exceed 15 acres;
(b) That on closing the real property and
optioned lands arc zoned to permit their
use as a lumber yard and for the sale of
building materials and components and that
such zoning will permit outside storage;
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(c) That within 6 months after notice from
the Purchaser, the Vendor will complete the
construction and installation of the following
services and focilities:-
(i) A paved road with curbs dedicated as
a public highway running from Brock Road
to the real property as shown outlined in
yellow on Schedule 'A' hereto;
(ii) Sanitary sewers, storm sewers and
water available at the property line
adjacent to the proposed _road mentioned
in the preceding subclause, it being
understood that the Purchaser shall bear
the cost of the Municipality's connection
charges for such services;
(d) That the purchase price includes all
levies, imposts and local improvement charges;
(e) That building permits will be available
within 60 days after service of the notice
mentioned in Clause 9:01 (c) hereof upon payment
only of connection charges mentioned above and
the usual building permit fee;
(f) That at any time after acceptance hereof
the Purchaser and persons authorized by it
shall have the right to enter on the real property
for the purposes of surveying and/or conducting
soil tests at its own expense. In the event that
the soil tests with respect to the whole or any
portion of the real property do not prove satis-
factory to it, then the Purchaser may at any time
prior to closing declare this agreement null and
void. If the Purchaser declares the agreement
null and void then all monies theretofore paid
shall be returned to the Purchaser without
interest or deduction;
Any one or more of the foregoing conditions may
be waived in whole or in part in writing unilaterally by
the Purchaser at any time, but in the event that any one
or more of the foregoing conditions is unfulfilled in whole
or in part on or before closing, the Purchaser shall have
the right at its option to declare this agreement null
and void and the deposit shall thereupon forthwith be
returned to the Purchaser without interest or deduction.
5:00 CLOSING
5:01 The within transaction shall be completed on the
15th day of September, 1976.
6:00 Ovvio::
6:01 In consideration of the sum of ONE DOLLAR ($1.00)
paid by the Purchaser to the Vendor (the receipt of which
is hereby acknowledged) the Vendor hereby grants to the
Purchaser the sole and exclusive option to purchase the
optioned lands in accordance with the terms and conditions
of the option agreement attached hereto as Schedule 'B'.
7:00 TITLE
7:01 Provided that the title is good and free from all
encumbrances, easements and restrictive covenants except as
herein provided. The title is to be examined by the Purchaser
at the Purchaser's expense and the Purchaser is not to call
for the production of any title deeds or abstracts of title,
proof or evidence of title or to have furnished any copies
thereof other than those in the Vendor's possession or under
its control.
The Purchaser shall be allowed until closing to
investigate the title and if within that time the Purchaser
shall furnish the Vendors in writing with any valid objection
to the title which the Vendors shall be unable or unwilling
to remove and which the Purchaserwill not waive, this
agreement shall be null void and the deposit monies and
any further payments on account of the purchase price shall
be returned without deduction and without interest and the
Vendor shall not be liable for any costs or damages. Save
as to any valid objection so made within such time, the
Purchaser shall be conclusively deemed to have accepted
the title of the Vendor.
7:02 The Vendor covenants to register discharges and
releases of any and all encumbrances, easements and
restrictive covenants registered against the real property
except as herein provided.
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8:00 C<,nltuCT7oil
8:01 The Purchaser covenants that it will erect on the
real property and the optioned lands a building or buildings
having a total gross floor area of 50,000 square feet to be
completed within 18 months from the closing of this trans-
action.
until fulfillment of the covenant contained
in Clause 8:01
8:02 The Purchaser agrees that/it will not re-sell the real
property or any part thereof without the Vendor's consent.
If the Vendor's consent is not granted within 30 days after
it has received a request therefor the Vendor shall
re-purchase the lands in question from the Purchaser at the
Purchaser's cost without interest. The re-purchase by the
Vendor shall be completed 60 days after receipt by the
Vendor of a request for consent to a proposed sale and on
closing the Purchaser shall convey title free and clear of
encumbrances created while Reed Lumber Company Ltd., is
the owner.
9:00 RESTRICTIVE COVENANTS
9:01 The Purchaser covenants that the real property shall
be subject to the covenants contained in Schedule'C' hereto
for a period of 20 years from closing.
10:00 TENDER
10:01 Any tender of docments or money herein may be made
upon or paid to the Vendor or the Purchaser, or their
respective solicitors, and any monies paid or tendered shall
be by cheque certified by a chartered bank or trust company.
11:00 TIME
11:01 Time shall be of the essence hereof.
12:00 NOTICL
12:01 Any notice required or contemplated by any provision
of this agreement which either party may desire to give to the
other shall be sufficiently given to the Purchaser or its
solicitor by personal delivery or by postage prepaid, ordinary
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,I 12:01 (Continued)
14:00 NON-MERGER AND SUCCESSION
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mail addressed to the Purchaser c/o Minden, Gross, Grafstein
& Greenstein, 111 Richmond Street west, Suite 607, Toronto,
Ontario, M5H 2115, and any notice to be given to the Vendor
shall be sufficiently given by personal delivery or by
postage prepaid, ordinary mail addressed to the Vendor at
The Corporation of the Town of Pickering, 1710 Kingston
Road, Pickering, Ontario, L1V 1C7, and all such notices
shall be effective as of the date of such personal delivery
or as of the date being one day (excluding Saturdays, Sundays
and holidays) following such posting as the case may be.
13:00 ADJUSTMENTS
13:01 Realty taxes shall be adjusted and apportioned as
of the closing date.
14:01 The provisions of this agreement shall remain
binding and effective notwithstanding closing of the within
transaction and/or delivery of a conveyance or conveyances
and shall enure to the benefit of the parties hereto, their
successors and assigns.
15:00 ACCEPTANCE
Purchaser
15:01 This offer shall be irrevocable by the i?zaz'an'r
17th j
DATED at Pickering, this \? day of August 1976.
THE CORPORATION OF THE TOWN OF PICKERING
33th day of August, 1976, after which time if no t,
until the j
accepted the offer shall be null and void.
REED LUMBER COMPANY LTD., hereby accepts
the above offer and agrees to fulfill and be bound by the
terms and conditions thereof.
DATED at Toronto, this 13th day of August , 1976.
Per:
'. REED LUMBER COMPANY LTD.
r5ayor
;trator-Clerk
SCII:;i7L : li I;
011111i ON ?:
MEMORANDUM OF AGREEMENT made this 13th day of July,
1976.
B E T W E E N:
HE CORPORATION OF THE TOWN OF PICKERING;
-hereinafter referred to as the-"Vendor"
OF THE FIRST PART:
- and -
REED LUMBER COMPANY LTD.,
-hereinafter referred to as the "Purchaser"
OF THE SECOND PART:
1. In consideration of the sum of TEN DOLLARS ($10.00)
paid by the Purchaser to the Vendor (the receipt of which is hereby
acknowledged) the Vendor hereby giants to the Purchaser the sole
and exclusive option irrevocable within the time for acceptance
herein limited, to purchase the lands in the Town of Pickering
consisting of that part of Lot 18, Range 3, Broken Front Concession
shown outlined in green on the sketch attached hereto and marked
Schedule 'A' (hereinafter referred to as the "optioned lands").
2. (a) Within 30 days after the Purchaser's acceptance of the
within option the Vendor shall deliver to the Purchaser an up-to-date
survey prepared by an Ontario Land Surveyor showing the dimensions and
area of the optioned lands;
(b) The purchase price for the optioned lands shall be
computed at the rate of $47,000.00 per acre and shall be payable as
follows:-
$10,000-00 by cheque to the vendor upon
acceptance of the option is a deposit to be
held by the Vendor pending completion or
other termination of the agreement arising
out of the acceptance of the option hereby
granted';
NO The sun of $10.00 paid to the Vendor as
consideration for the granting of this
option as well as the sum paid upon the
acceptance of this option shall be
credi Led to the Pui - K,Ker and allowed
as part of the purak"ne money;
(iii) The balance of the purchase price shall
be payable by certified cheque on closing
subject to adjustments.
3. The option hereby granted shall be open for acceptance
by the Purchaser up to but not after the 15th day of September, 1977,
and may be accepted by a letter personally delivered or by postage
prepaid ordinary mail addressed to the Vendor at 1710 Kingston Road,
Pickering, Ontario, L1V 1C7.
4. The agreement arising out of the acceptance of this
option shall be conditional upon fulfillment of the following subject
to the Purchaser's unilateral right of waiver:
(a) That on closing the optioned lands
are zoned to permit their use as a lumber
yard and for the sale of building
materials and components and that such
zoning will permit outside storage.
(b) That on closing all services and
facilities as required by the Municipality
and any other governmental authority will
be available to service the lands.
(c) That building permits will be avail-
able within six months after closing upon
payment only of the Municipality's usual
connection charges to services and the
usual buiiding permit fee.
(d) That the purchase price: includes all
levies, imposts and local improvement charges.
(e) That at any time after acceptance hereof
the Purchaser and persons authorized by it
shall have the right to enter on the
optioned lands for the purposes of surveying
and/or conducting soil tests at its own
expense. In the event that the soil tests
with respect to the whole or any portion
of the optioned lands do not prove satis-
factory to it, then the Purchaser may at
any time prior to closing declare this
agreement null and void. If the Purchaser
declares the agreement null and void then
all moneys theretofore paid shall be returned
to the Purchaser without interest or deduction.
Any one or more of the foregoing conditions may
be waived in whole or in part in writing unilaterally by the
Purchaser at any time,
but in the event that any one or more of
the f ( J ( , i 1?3 concli tiOns is unf1,, filled in whole or in hart on or
before clo?j nq, the Purchaser 11 have the right at its option
to c)cclarc this agrccmm?C null n,l vr)id and the ciepor,it shall
thereupon forthwith be returned to the Purchaser without: interest
or deduction.
5. The x,,ithin transaction shall be completed sixty days
after acceptance of the option hereby granted.
6. Provided
encumbrances, easements
provided. The title is
Purchaser's expense and
production of any title
evidence of title or to
those in the Vendor's p
that the title is good and free from all
and restrictive covenants except as herein
to be examined by the Purchaser at the
the Purchaser is not to call for the
deeds or abstracts of title, proof or
have furnished any copies thereof other than
Dssession or under its control.
The Purchaser shall be allowed until closing to
investigate the title and if within that time the Purchaser shall
furnish the Vendor in writing with any valid objection to the title
which the vendor shall be unable or unwilling to remove and which
the Purchaser will not waive, this agreement shall be null and void
and the deposit moneys and any further payments on account of the
purchase price shall be returned without deduction and without
interest and the Vendor shall not be liable for any costs or damages.
Save as to any valid objection so made within such time, the Purchaser
shall be conclusively deemed to have accepted the title of the Vendor.
The Vendor covenants to register discharges and
releases of any and all encumbrances, easements and restrictive
covenants registered against the optioned lands except as herein
provided.
7. The Purchaser covenants that the optioned lands shall
be subject to the covenants contained in-Schedule 'C' hereto for a
period of 20 years from closing.
8. This agreement is subject to compliance with section
29 of The Planning Act. The Vendor will take all steps to obtain
the consent of the Committee of Adjustment to this agreement and the
conveyance to be delivered pursuap' hereto, if such consent is
required.
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10. 1f at any time after the date hereof and prior to
September 15, 1921 the Vendor receives a bona fide offer to
purchase or lease the optioned lands which the Vendor is willing
to accept ("tide third party offer_"), then the Vendor shall forthwith
deliver to the Purchaser a copy of the third party offer and the
Purchaser shall have the right to purchase or lease, as the case
may be, the optioned lands from the Vendor on the terms and
conditions contained in the third party offer by delivering to
the Vendor its written offer ("the matching offer") together with
the appropriate deposit (if a deposit is payable) within seven
days after the Purchaser's receipt of a copy of the third party
offer. If the Purchaser delivers the matching offer as aforesaid,
then the Vendor shall sell the optioned lands to the Purchaser
pursuant to the matching offer and shall reject the third party
offer. If the Purchaser fails to deliver the matching offer
within the time limited, then the Vendor shall accept the third
party offer and provided the sale is completed to the third
party , the Purchaser's rights against the Vendor and the
optioned lands shall cease; if the sale to the third party is
not completed then the Purchaser's right of first refusal hereunder
shall continue until extinguished under the terms hereof.
11. Any tender of documents or money herein may be made
upon or paid to the Vendor or the Purchaser, or their respective
solicitors, and any moneys paid or tendered shall be by cheque
certified by a chartered bank or trust company.
12. Any notice required or contemplated by any provision
of this agreement which either party may desire to give to the
other shall be sufficiently given to the Purchaser or its solicitor
by personal delivery or by postage prepaid, ordinary mail addressed
to the Purchaser c/o Minden, Gross, Graf.stein & Greenstein,
111 Richmond Street West, Suite 607, Toronto, Ontario, H51i 2115,
and any notice to be given to the Vendor shall be sufficiently
given by personal delivery or by postage prepaid, ordinary riail
addressed io the Vendor at 1710 ngrton Road, Pickering, Ontario,
L1V iC7, and all such notices gnu be effective ri!: of tile date
of such personal delivery or as of the date being one day
(excluding Saturdays, Sundays and holidays) following such posting
as the case may be.
13. Realty taxes shall be adjusted and apportioned as of
the closing date.
14. The provisions of this agreement shall remain binding
and effective notwithstanding closing of the within transaction
and/or delivery of a conveyance or conveyances and sha]1 enure to
the benefit of the parties hereto, their successors and assigns.
15. On closing the Vendor shall deliver to the Purchaser
a lien clearance certificate pursuant to The Land Speculation Tax
Act with respect to the optioned lands for the purposes of this
transaction.
DATED at Toronto, this 147 day of August, 1976.
THE CORPORATION OF THE TOWN OF
PICKERING,
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Per-
t
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SCHEDULL 'C'
RESTRICTIVE COVENANTS
1. The real property shall be used only for the
purposes permitted under the restricted area by-law in
effect from time to time.
2. No building permit will be applied for nor will any
building(s) be erected on the real property until a site plan
displaying the following information has been approved by
the Town:
(a) Location of proposed building(s);
(b) Fleight of proposed building(s);
(c) Elevations of the proposed building and types
and colour of exterior material of the front
and other walls, including one potential
expansion wall;
(d) Location of entrances and exits to abutting roads;
(e) Area and location of land to be used for offstreet
parking;
(f) Use of all lands not covered or to be covered by
building(s), including areas to be seeded or
sodded;
(g) The grading of the real property and adjacent
Town Boulevard and provision for storm and
sanitary drainage and water services;
(h) Location of all hydro electric power and gas
mains;
(i) Design and location of any company and/or product
identification sign or signs.
(j) Locations of proposed entrances and exits to
buildings;
(k) Proposed landscaping features;
(1) Locations and types of all exterior lighting fixtures
and standards;
(m) Locations and types of all proposed fencing
Upon approval of the said site plan by the Town, the
proposed building(s) and other works shown on the said plan
will be erected in conformance with the said site plan; the
exterior of any building to be erected shall be completed
within 12 months from the date of the approval of the site
plan or it shall be deemed to be null and void. No building
waste or other material of any kind shall be dumped or stored
on the real property except clean earth; and the real property
shall be kept in a neat and tidy condition during the course
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of construction to such reasonable standards as the Town
i? may request.
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4. The seeding or sodding in accordance with the said
site plan shall be completed within six months of the
completion of the building(s) shown on the said site plan.
5. No hydro sub-stations or transformers will be erected
in the front yard, or in the sideyard, between the flank wall
of a building erected on a corner lot and the streetline on
which such corner lot has flankage.
6. Paved areas shall not constitute more than 50% of
the front yard (that part of the yard lying between the
front wall of a building and the travelled portion of the
street including 25 foot side yards), or in the sideyard
between the flank wall of a building erected on a corner
lot and the edge of the travelled portion of the street on
which such corner lot has flankage.
7. No building(s) will be erected or maintained having
exposed ductwork, air conditioning units, cooling towers,
tanks or similar installations unless the same have first
been approved in writing by the Town.
8. Any proposed expansion wall shall be kept painted
in a colour closely resembling the other walls; structural
steel and reinforced concrete framing shall be suitably
finished for appearance and protection and all driveways,
parking and loading areas shall be paved except in rear
yards.
9. Garbage shall be kept and disposed of in a sanitary
manner and none shall be placed in or allowed to enter any
stream flowing through the real property.
10. Any building which shall have been, in whole or in
part, destroyed by fire, lightning or tempest, shall either
be rebuilt forthwith or all debris removed and the lot
restored forthwith to a sightly condition in keeping with
neighbouring properties.
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11, The land between the Owner's property line and the
travelled portion of the road allowance shall be landscaped
and maintained to the satisfaction of the Town.
12. The Purchaser shall obtain a covenant from any
subsequent Purchaser agreeing to abide by the foregoing
restrictions for a period of 20 years from the date of
closing of the within transaction.
13. The Vendor agrees that any approvals or consents
to be given by it under these restrictions shall not be un-
reasonably withheld or delayed.
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