HomeMy WebLinkAboutBy-law 865/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 865/78
Being a By-law to authorize the execution
of an Offer to Purchase/Agreement of Pur-
chase and Sale between the Corporation of
the Town of Pickering and the Hurlstone
Development Corporation with respect to
that part of Lot 18, Range 3, Broken
Front Concession designated as Part 2 on
Plan 40R-3303 (McPherson Court).
WHEREAS the Corporation of the Town of Pickering is the owner
in fee simple of that part of Lot 18, Range 3, Broken Front
Concession, designated as Part 2 on Plan 40R-3303 (McPherson
Court);
AND WHEREAS the Hurlstone Development Corporation has submitted
an Offer to Purchase/Agreement of Purchase and Sale, dated
August 2, 1978, wherein that Corporation offers to purchase
those lands subject to certain terms and conditions;
AND WHEREAS it is deemed expedient to accept that Offer to
Purchase and to enter into that Agreement of Purchase and
Sale;
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 Offer to Purchase/Agreement of
Purchase and Sale, in the form attached here-
to as Schedule "A", between the Corporation
of the Town of Pickering and the Hurlstone
Development Corporation respecting the pur-
chase by the Hurlstone Development Corporation
of lands owned by the Town and being part of
Lot 18, Range 3, Broken Front Concession,
designated as Part 2 on Plan 40R-3303
(McPherson Court).
2. The Mayor and Clerk are hereby further
authorized to execute a Deed, in the form
attached hereto as Schedule "B", between
the Corporation of the Town of Pickering
and the Hurlstone Development Corporation
to effect the conveyance of the said lands
pursuant to the Agreement of Purchase and
Sale referred to in section 1 hereof.
3. The Town Solicitor is hereby authorized to
make his affidavit in the matter of sub-
section 3 of section 5 of The Land Speculation
Tax Act, 1974 respecting the disposition of
the lands referred to in section 1 hereof.
BY-LAW read a first, second and third time and finally passed
this 8th day of
TOWN OP
PICKETING
APPROVED
AS TO F0,11,1
4111
LEGAL i .
August , 1978.
SCHEDULE "A" TO BY-LAW NUMBER 865/78
OFFER TO PURCHASE
The undersigned, THE IIURLST014E DEVELOPMENT CORPORATION,(the
"Purchaser"), having inspected the real property agrees to and
with The Corporation of the Town of Pickering (the "Vendor")
through no agent to purchase and the Vendor agrees to and with
the Purchaser to sell, all and singular the lands situate in the
Town of Pickering being part of Lot 18, Range 3, Broken Front
concession, designated as Part 2 on Plan 40R-3303, all more par-
ticularly outlined in red on the sketch or survey dated September
29, 1976 prepared by B.K. Edwards, O.L.S., attached hereto as
Schedule "A" (the "lands") consisting of 3.039 acres upon the
`-ollowing terms and conditions:
1.. The purchase price for the lands shall be the sum of
()NE HUNDRED AND EIGHTY-TWO THOUSAND THREE HUNDRED AND FORTY
]COLLARS ($182,340.00) (Canadian) payable as follows:
(a) The sum of TEN THOUSAND DOLLARS ($10,000.00) by
certified cheque..to the Vendor as a deposit to be
held in trust by the Vendor until closing of the
sale or other termination of this Agreement, and
to be credited on account of the purchase price
on closing, or returned to the Purchaser if this
transaction is not completed;
(b) The further sum of SIXTY-FIVE THOUSAND DOLLARS
($65,000.00) by certified cheque to the Vendor
i
on the date of closing, subject to adjustment of
j realty taxes; and
(c) For the balance of the purchase price, the Purchaser
agrees to give back and the Vendor agrees to take
back a First Mortgage bearing interest at the rate
of Ten per cent (10%) per annum, to run for a period
of one (1) year, and to be payable interest only
quarterly calculated not in advance, subject to the
approval of the Purchaser by the Vendor, for mort-
gage purposes.
2. The date for closing referred to above shall be on or
before October 30, 1978 and the Purchaser shall have the option
to advance the closing date upon providing the Vendor with ten
(10) days prior written notice.
3. The purchase price for the lands is calculated on the
basis of SIXTY THOUSAND DOLLARS ($60,000.00) per acre and 3.039
- 2 -
i
I
I'
,icres, being the acreage of the lands according to the Schedule
{ set out on Plan 90R-3303.
9. The Vendor represents and warrants as follows:
(a) that the lands are zoned M-2, which shall permit the
Purchaser to construct the industrial building re-
quired to be constructed by the provisions of Section
6(a) hereof;
(b) that the lands have been fully serviced
of the lands with watermains, storm and
and paved roads, and that such services
and that the Purchaser shall be able to
services, and that such services are pa
under local improvement;
to the boundary
sanitary sewers,
are functioning
connect to such
id for and not
(c) that a building permit is available and shall be available
at closing upon application by the Purchaser to the
Vendor and upon payment of normal application fees and
upon compliance with all relevant building and zoning
laws.
5. The Purchaser or his agent shall have the right to
enter upon the lands to conduct soil tests. The Purchaser shall
provide the Vendor with a copy of any such soil test and in the
event that in the sole opinion of the Purchaser, such soil tests
prove that inadequate soil conditions exist for the construction
of the proposed building by the Purchaser, the Purchaser shall
notify the Vendor prior to October 1, 1978 whereupon this Agreement
shall be null and void and the deposit moneys shall be returned to
the Purchaser without deduction.
6. The following covenants on the part of the Vendor and
the Purchaser shall not merge upon the delivery of a deed by the
Vendor to the Purchaser, or the registration thereof, but shall
survive the closing of this transaction.
(a) The Purchaser
containing no
square feet i
provisions of
year from the
conditions:
shall commence to construct a building
less than forty-five thousand (95,000)
1 compliance with the M-2 zoning by-law
the'Town of Pickering within one (1)
date of closing, subject to the following
(i) twenty-three thousand (23,000) square feet of the
building shall be used for office and/or manu-
facturing uses; and
(ii) no shipping or receiving shall be permiteed on the
Brock Road side of the building.
3
(b) If all or any part of the lands is to be sold within
1
fifteen (15) years of the date of closing and the land
I' to be sold has no building built in compliance with the
M-2 zoning by-law provisions built upon it, then in that
event, the Vendor shall have the first right to repur-
chase such real property to be sold, at the price of
SIXTY THOUSPND DOLLARS ($60,000.00) per acre plus interes
thereon at eight (8%) per cent to the time of resale,
Ij and including taxes and improvements, free of all
encumbrances and subject to the usual adjustments,
such right to repurchase to be exercised within fourteen
(14) days of receipt of notice from the Purchaser that
the property is to be sold, and such repurchase to be
completed within sixty (60) days of receipt of such
notice if the said right of repurchase is exercised.
The Purchaser shall send to the Vendor at its Municipal
offices, by prepaid registered mail, a notice in writing
forthwith upon offering such part of its lands for sale.
If the Vendor does not exercise the right of repurchase,
no further notice of the Purchaser's desire to sell
shall be required, nor shall there be any further right
to repurchase.
.i
7. This Agreement shall be subject to the Vendor complying
with section 29 of The Planning Act of Ontario and any amendments
thereof. In the event that a consent is required by the Committee
of Adjustment or any relevant Land Division committee, then the
Vendor shall, at its expense, apply for such consent and diligently
pursue same. If such consent is not obtained by the Vendor on or
before closing, then this Agreement shall, at the option of the
Purchaser, be extended until the date that such consent can be
obtained or alternatively the Purchaser shall be able to terminate
the Agreement and the sum paid as a deposit shall be returned to
the Purchaser forthwith without deduction.
{I 8. Provided the title is good and free from all encumbrances
except as aforesaid and minor easements for hydro, gas, telephone
or like services to the lands, said title to be examined by the
Purchaser at his own expense, and the Purchaser is not to
call for the production of any title deed, abstract of title,
proof or evidence of title, survey, other than those in the Vendor':
possession or under its control or as herein provided; and provided
the same have been complied with, the Purchaser is to accept the
property subject to Municipal requirements, including building
and zoning by-laws, except as herein provided, minor easements
as above-mentioned, and to restrictions and covenants that run with
the land, provided same have been complied with and provided they
- 4 -
clo not prevent the Purchaser from constructing a building as
specified herein.
9. The Purchaser to be allowed until closing to investigate
the title at his own expense, and if within that time it shall
furnish the Vendor in writing with any valid objection to the
title, or non-compliance with zoning by-law, or that the use of
the property as set out herein which the Purchaser intends will
not be lawful, which the Vendor shall be unable or unwilling to
remove or correct, and which the Purchaser will not waive,-this
hgreement shall, notwithstanding any intermediate acts or
negotiations,be null and void and the deposit money returned to
the Purchaser without interest or deduction and the Vendor shall
i
li not be liable for any costs or damages. Save as to any valid
objection so made within such time, the Purchaser shall be
?j conclusively deemed to have accepted the title of the Vendor to
the lands.
10. Any notice herein provided for or permitted or required
to be given hereunder, if given by the Purchaser to the Vendor
shall be sufficiently given if mailed in one of Her Majesty's
Post Offices by registered mail addressed to the Vendor at:
1710 Kingston Road
PICKERING, Ontario L1V 1C7
Attention: Town Manager
and if given by the Vendor to the Purchaser shall be sufficiently
given if mailed as aforesaid addressed to the Purchaser as follows:
1674 Eglinton Avenue West
TORONTO, Ontario M6E 2H3
:.Any notice mailed as aforesaid, shall be conclusively deemed to
have been given on the third business day following the date of
ma i1 ing.
II. Until completion of the sale the lands shall be and
remain at the risk of the Vendor.
i. Deed or transfer to be prepared at the expense of the
v?n(lor on a form acceptable to the Purchaser's solicitor; mortgage
6Ocument to be prepared at the expense of the Purchaser, on a
Jorm acceptable to the Vendor's solicitor.
]... This Offer, when accepted by the Vendor, shall constitute
a binding contract of purchase and sale, and time in all respects
shall be of the essence of this Agreement.
i
_ 5 _
I{
ji, 14. It is agreed that there is no representation, warranty,
` collateral agreement or condition affecting this Agreement or
the lands or supported hereby, other than as expressed herein in
%,riting.
N
:i
15. Any tender of documents or money hereunder may be made
i:pon the Vendor or Purchaser or upon the solicitor acting for the
tarty on whom tender is desired, and it shall be sufficient that
a negotiable certified cheque be tendered instead of cash.
16. Each party to pay the costs of registration and taxes
on it own documents.
17. Time shall be of the essence of this Agreement.
18. The Purchaser shall have the right, until September 29,
1978, to assign his rights and obligations herein to any person,
persons, corporation or corporations and, upon notice of such
assignment being provided to the Vendor, the Purchaser named
herein shall be released from all or any liability under this
1
Agreement and the Assignee or Assignees, as the case may be,
i
fshall assume all such liabilities.
II19. This offer shall be open for acceptance by the Vendor
i
until 12:00 noon on the day of August, 1978, after which
I;
,time, if not accepted, it shall be null and void and the deposit
returned to the Purchaser without interest or deduction.
u
20. This Agreement to be read with all change of gender or
number required by the context.
- 6 -
21. This offer is made by the Purchaser on the understanding
that the industrial building to be erected thereon shall entitle
i
the Purchaser to what is known as "Industrial Credits" therefrom on
the basis of one residential unit building permit credit for each
one thousand square feet of floor area so constructed and that the
said Industrial Credits may be applied to or used by the Purchaser,
I'.
ion and in respect of the issuance of building permits for a resi-
4dential subdivision within the municipality.
DATED the day of 1978.
IN WITNESS WHEREOF the Purchaser has hereunto affixed
its hand and seal.
SIGNED, SEALED AND ) THE HURLSTONE DEVELOPMENT CORPORATION
DELIVERED )
)
in the presence of
) i
THE CORPORATION OF THE TOWN OF PICKERING acknowledges
having received, prior to this Offer, a form of disclosure showing
EDWARD SORBARA and SAM SORBARA as Real Estate Brokers and is aware
that either or both of these men may retain an interest in the pro-
perty and hereby accepts the above Offer and its terms, and
covenants, promises and agrees to and with the above named Purchaser
to duly carry out the same on the terms and conditions mentioned
above.
DATED at Pickering this day of 1978.
IN WITNESS WHEREOF the Corporation of the Town of
''Pickering has hereunto affixed its Corporate Seal, attested by the
hands of its duly authorized officers.
THE CORPORATION OF THE TOWN OF
PICKERING
ayor
Clerk
t?C'.iEDUL' a"
RLY dAS
RT
=r T
P i t
. 0
!
`
c
i
(FO
BA I LY- I l
-.
;
ROAD ALLOWANCE EETNEEN CONCESSION I ANC
A i'? ? E.
? ? - ___t 04 T!1 1YFST CO°NcH - _
--
L0T Ifi, f?4NGc 3 8 r.C
LI
- -N77 °3Z 50 •E 2706 (Plan 4CR-1052) - -
Fd. 5.1 B { - ..
rN1 70 27 SU `.Y
(tip?IOSZ)
i 1
II' S O6
NI7°2i3o',v PART 10 PLAN ,OD -263B
'
Fd. $.LB 1 411.65
No Fence
(Plan 4CR-2638)
INST
N2 D 5850
(N°
0
_
.
42) _V
-1
_
(Wit.)i--- N72°0830£ '~ 633 SS(an 40r-31 `•6 ?. '.-
( 301.40' '---'-S
y?J 1 ;P) 1d. 3ZI,ri;--
I
Z ,..,(f/ o (Plea 40-3158 B Set)
O CC) oI (full - - -
V) L0
O '- -o ;cam or.. _ _
M v
w :' - INs -FN °- D5S56 -
Z. :o
. O
0 cD ?;
v Lo PAR :1:22] BART 11
G
RAN G`
C? ?(fi o ? J rA ? i?_ -
L `° F °i2 z ij
C pl v -Ir Q F.
Z I A=71.` - -
0=?9-_.I .
? d =0
I (1(0 >» C -_ - - :r .:9°401:; --
)i° _00 _5O 5 1 PI=n4CFt-3:
v M
I
O ' NI N 10 _ ,p p '
ci N n c ?? _ p
G O. 2. Z cn
_ N 1I? I Zp Z r?`lI ?' %F-VJ
to N 4 2? 0'-
W "to )?\ Fd. S. 1.6.(W i t.) rnsi_j
is
C9 Co h (N° 1042) - Phd. '
z j S.B.
f J -J%
R' 0 .. 13 1= ?T- tt 72° 32 30E .45?,°5 (?loat??-3:53 F3:!ca5_) - - -
C3 N-12032*30"E
-' ^ 0.0 1.41*(Plcn 4OR-31588 Set) not ,
°h^ N72°32'30 E PART. 5 . -PLAN 40P,-315B
Z ?rl ?IAC(Plcn 408-3158 E Set)
C5 Q n_ '•! N 72° 1 30 E 568.59:P:on4C3-3155 a 14: os ?
/LFd. S.I
WSJ%L? (N°-1042)
0 ~ ?o NI o
c r f.
J a yol
IL ca
m °
4o
L
r Ir m - O c
1-- P ? •O v .0 c - ? ? ?. -
O 7 n c n° frv. i
? CI
co c o ° C O
Cl7 I O O^ t` r M ) r. J I. ???
w ?? I Np N_ [PAT A4
Z °I { _
n
- j h ((?I
J C Z F,.
J 1 ? ?
L<
?. c
°
Imo. .. •Ortll._,i 1. r, :?': '.. Ec.•)
i
i
SCHEDULE "B" TO BY-LAW NUMBER
Form L1011 Dced 1YRhou1 Spousal Convent UN IIED STATiMJCFV Co_ LIIIT Cp. LI c.+_ r. ?w pCrr.
?o r"ooucn or: oviv ?. sC?An^kaucH
e%w
x? 4 114
0 Ar
made (in duplicate) the day of
one thousand nine hundred and seventy-eight
In 1a1irsuanrr of ellr _'llnrf Vilrnt, of Clnntiglanrrs Arf.
7N5 ttWCrn
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Grantor"
OF THE FIRST PART
- and -
HURLSTONE DEVELOPMENT CORPORATION, a
company incorporated under the laws of
the Province of Ontario
hereinafter called the "Grantee"
OF THE SECOND PART
zMitne2;gttb that in consideration of the sum of TWO-----------
------------------------------ ------------------------------
-- ($2.00) ----------------Dollars of ]awful money of Canada, now paid
by the said Grantee to the said Grantor , the receipt whereof is hereby
by it acknowledged,
the said Grantor iun th CSranl
unto said Grantee in fee simple.
All and c ingular that certain parcel or tract of ]and 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 that part of Lot 18, Range 3, Broken Front Con-
cession designated as Part 2 on a plan of survey of record
registered in the Registry Office for the Registry Division
of Durham as Plan No. 40R-3303.
o,
3
Dower I
0n l1avr anll to Ovit) unto the said Grantee, its successors and assigns to
and for its and their sole and only use forever.
!S,nh}rrt nrnrrtllrlrsn to the reservations, limitations, provisos and conditions
expressed in the original grant thereof from the Crown.
01 11r said Grantor Tmlrnanis with the said Grantee Chat it has the
right to convey the said lands to the said Grantee notwithstanding any act
of the said Grantor.
Anil that the said Grantee shall have quiet possession of the said lands, free
from all incumbrances.
And the said Grantor Tmmnailts with the said Grantee that it will
execute such further assurances of the said lands as may be requisite.
And the said Grantor Lnurnants with the said Grantee that it has
done no act to incumber the said lands.
Ann the said Grantor Erlranrs to the said Grantee All its
claims upon the said lands.
N Witnel;g Mbereof the party of the First Part has
hereunto affixed its corporate seal attested by its authorized
officers.
i9nrd, Sralrh anb ilrliurrrh THE CORPORATION OF THE TOWN OF
IN THE PRESENCE OF I PICKERING
ayor
C
AFFIDAVIT OF SUBSCRIBING WITNESS
'Sre footnote
I,
of the
in the make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
•See footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the • l
in the
this day of 19
/ co'.1..1oHeP Its Twe.IM< /.rel.Avlr6, eT<.
• where a party is unable to read the m,trument or where o party sig. by making his mark or fc,aign choractars add
"offer the iruM1Ument had been read to him and he appeared Sully to undersmod it". "'here rreruted under a power of attorney
insert "(name of attorney) de attorney for (come of odd for next :awr substitute "1 verily belie.. that the person whose
sigrwture I witnessed was authorized to execute the instrument as attorney for (name)".
Amended, )ad. 1975 THE LAND TRANSFER TAX ACT, 1974
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE made
ldenefy by:..
...
. ........................... ..............
the parties
m the
conveyance
on the .. ........... ........ ...... ..........,......... day of ... ....... ...... ......... .. 19._.......
......................
of the...
in the . .. .... ............... ............
MAKE OATH AND SAY THAT:
1. 1 am ....._ .. ....... .. ........ ........ ..... _,.. ..._ ... .... .. .... ..
named in the within (or annexed) conveyance.
This affidavit may 2. 1 have a personal knowledge of the facts stated in this affidavit.
be made by the
purchuer or vendor
3. (1) The Iota] consideration for this transaction has been allocated as follows:
or by anyone fixtures and goodwill _.. ... ._. _.. ...
(a) Land
building
- - - - ... $
"-' "-- - -'-
actin, for them ,
,
under nowerof (b) Chattels- items of tangible personal property (see note) _... _ _. S
attorney co- by en
..ent .,credited in
writin, by the TOTAL CONSIDERATION.... .. $
purchaser, or vendor
or be the solicitor of
either of them or by (2) The true consideration for the transfer or conveyance for
tpp tb ....... ome o th er the n Land Transfer Tax purposes is as follows:
.Minister of Revenue. (a) Monies paid in cash $
(b) Property transferred in exchange (Detail Below) $
(c) Securities transferred to the value of (Detail Below) _. .. _.S _ .. ...... ......
(d) Balances of existing encumbrances with interest owing at date of
transfer ............... ........ .......... ... $
(e) Monies secured by mortgage under this transaction .................._,...... .... $ . _...,........_....._....
(f) Liens, legacies, annuities and maintenance charges to which transfer
is subject ..... ......... .. .._ ... ..... _..
11 ....$
(g) Other (Detail Below) .. ... .. $
TOTAL CONSIDERATION (should agree with 3(1) (a) above) S
4. If consideration is nominal, is the transfer for natural love and affection?
5. If so, what is the relationship between Granlor and Grantee?
6. Other remarks and explanations, if necessary ... ....
A Commissioner, etc
All
blanks
must
be filled
in.
NOTE TO PARAGRAPH 301 (bl: Chsttels: Retail sales tax is payable on the valuation of demo shown in 5(l) (b) unless otherwise <xem Dlyd under the
vro,nsione of The Retail Sales Tea A". R.S.O? 1970, c.e15, a, amended.
For the pcIl nl thls .Morin'{, inert above , n), ,be valve of chattels, the toot valor of which in opin'nn of the del.un n, s sloo.oo Th,s does
u, n rote a I,-, boner fn,m the snay nlit of Relnil Idles Ta? on any ,nnpi p,r,Id.l pruid y t part of his o the 'Gmle \Sb...... r nauely x pu rn based
n snn+ .f On.anv nod nmlu.d
appliT dbl. na should hr -id LY the ]n, rc luuer to the 'I n
port of I ,r,.n. nr, I?al wnh n value of Irss than SIOU 00, , the a,
In the 9f In ls,- If
I, ..tout.
AFFIDAVIT AS TO AGF AND SPOUSAL SIAM ( ',-
If atturney
see footnotr
ike out
pplieable
ue9.
rot a
fatrimonial
[ome, etc,
ee footnote.
I/WE
of the
in the
make oath and say:
When executed the attached instrument,
I/WE at least eighteen years old.
Within the meaning of section 1(f) of The Family Law Reform Act, 1978:-
a) I was a spouse.
b) We were spouses of one another.
C) was my spouse.
(SEVERALLY) SWORN before me at the
in the
this day of 19
A COMM19910N Eq on TARING A4FIDAVITB11.
`Where affidavit made by attorney substitute: "When I executed the au.'hed instrument as attt, " for (nnrne). he/she +o v (apousaf
status and. if applicahle, name of epousej +tdthin the meanlnp of Section I(/) of The Family Law Reform Act. 1948, and when he/she
executed the Dourer of attorney, he/she had attained the ape of nmjority'•.
Where does not join in or consent, see Section 42M of The Family Law Reform Act, 1978 (or coy,pteto separate affidau-W.
O
U C ?
a
1 Q ? 41 E
a a +1
U tLS MOO
w a?
x E N U wm
E z trt N ., a .
w14 zz Fa, o
° CO >
H c o° tF.r C m E
F o 04 Q) a
0 W co 1::
0
H X > Et r-1 to P, o o O r
HU
rC H wx
Q O
? (d v
+1 £ w`-
" Z a
a
(Z a a t o ro -- o o o
o
a
z
a+-t to
ae
¢ a
a o w to o a
U to tT M to
to
w a
1% w
a +s •ri ,I,
?I to x z N
tu
e x D 'o N N'r m o
a E Pi 10 'r a a .
is ? H
-H 74 (a
N dJ
N C C
U O O
-I N
W CT CT
C C
w ,,q •a r
oxs?U
v?
zr u>
O r 1 H
E r-i W a
X
W
W F
W
c
Q
z n
o M W
H
a
H z
Ir
~ J
a
J
N Q
z
z
W
W
Q W
W
(Y J 2
NOLLYM161039 do 31Y31JUH30 MOA 03AN3S3M 39 01 30Y4e SIHL