HomeMy WebLinkAboutBy-law 2335/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2335 /86
Being a by-law to authorize the execution of an
agreement to amend the Development/Servicing
Agreement between 566626 Ontario Inc. and The
Corporation of the Town of Pickering dated March
4, 1985, and to authorize the execution of an
agreement to provide for the acquisition and
construction of a roadway on that part of Lot 18.
Concession 1, Pickering, designated as Part 13,
Plan 40R-9576 (Metro East Trade Centre/Picketing
Parkway/Waringstown access road).
WHEREAS, pursuant to the provisions of the Regional Municipality of Durham Act,
R.S.O. 1980, chapter 484 and the Municipal Act, R.S.O. 1980, chapter 302, a local
municipality can provide for the servicing and development of lands, storm sewers
and roads within its jurisdiction; and
WHEREAS 566626 Ontario Inc. and 610823 Ontario Limited are the owners of that part
of Lot 18, Concession l, Picketing, designated as Part lB, Plan 40R-9570, which is to
be acquired by the Town at a cost of $48,470.00, which sum is to be paid to the
Town by Armcorp 4-12 Ltd./Tocana Developments (Canada) Inc.;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an agreement, in the
form attached hereto as Schedule A, between 566626 Ontario Inc./610823 Ontario
Limited and The Corporation of the Town of Picketing amending a Development/
Servicing Agreement dated March 4, 1985, between 566626 Ontario Inc. and The
Corporation of the Town of Picketing respecting Part Lot 18, Concession I,
Pickering (Metro East Trade Centre/Picketing Parkway)
The Mayor and Clerk are hereby authorized to execute an agreement in the
form attached hereto as Schedule B, between 566626 Ontario Inc./610823 Ontario
Limited, The Corporation of the Town of Picketing and Armcorp 4-12
Ltd./Tocana Developments (Canada) Ltd. to provide for the acquisition of that
part of Lot 18, Concession 1, Pickering, designated as Part 13, Plan 40R-9576,
and the construction of a roadway thereon (southerly access road).
BY-LAW read a first, second and third time and finally passed this 1st day of
December, 1986.
SCHEDULE A to By-law 2335/86
THIS AGREEMENT made December 1, 1986
BETWEEN:
566626 ONTARIO INC.
and
610823 ONTARIO LIMITED,
herein collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKER1NG,
herein called the "Town",
OF THE SECOND PART.
- and -
herein collectively called the "Encumbrancers".
OF TttE THIRD PART.
WHEREAS 56~626 Ontario Inc., the Town and the Encumbrancers entered into an
agreement dated March 4, 1985, for the development of that part of Lot 18, Conces-
sion 1, Pickei'ing, designated as Part 1, Plan 40R-5922, and it is desirable to amend
that agreement in certain respects; and
WHEREAS 610823 Ontario Limited is a successor, in part, in title, to 566626 Ontario
Inc.;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of
$2.00 now paid by each party to the others, receipt of which from each is hereby
acknowledged by each, the Parties covenant and agree as follows:
The Owner, the Town and the Encumbrancers are bound by the provisions of
the agreement dated March 4, 1985, (the "Agreement") betw,'o- 566626 Ontario
Inc., the Town and the Encumbrancers, as that agreement is amended hereby.
Subsection (2) of section 1 of the Agreement is hereby deleted and replaced by
the following:
(2)
For the purposes of the application of this Agreement, the Lands
are comprised of six areas Area 1, 2, 3, 4, 5A and 5B, as
outlined on the sketcb attached as Schedule A.
Section 2 of the Agreement is hereby amended by adding thereto the following
subsections:
(3)
On or before December 12, 1986, the Owner shall convey to the
Town, free and clear of all encumbrances and at no cost to the
Town, all of the future re-aligned road allowance for Picketing
Parkway on the Lands, that is, Parts 2 and 3, Plan 40R-9576.
(4)
Concurrent with the conveyance referred to in subsection (3),
the Town shall reconvey to the Owner, at no cost to the Town,
its title in Parts 6, 7, 8, 9, 10, 14, 15, 16, 17, lB and 19, Plan
40R-9576, that the Town acquired from 566626 Ontario Inc.
Section 3 of the Agreement is amended by deleting "Parts l, 2 and 3 of" from
the second line thereof and by substituting "Part 1" therefor.
5. Subsection (2) of section 4 of the Agreement is deleted.
Schedule A to the Agreement is deleted and the Schedule A attached here-to as
Schedule I to this agreement is substituted therefor.
Subsections (1), (2), and (3)
amended by deleting "Parts l,
therefor in each subsection.
of section 3 of Schedule B to the Agreement are
2 and 3~ therefrom and by substituting "Part 1'
Clause (a) of section 14 of Schedule B to the Agreement is amended by deleting
"Parts 1, 2 and 3" therefrom and by substituting "Part 1" therefor.
ENCUMBRANCERS
This agreement shall have priority over and take precedence over all of the
Encumbrancers' rights or interest, 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.
10.
INTERPRETATION
(1)
Whenever in this agreement the word "Owner" or ~Encumbrancers'~ or the
p.ronoun "it" is used, it shall be read and construed as "Owner or Own-
ers", "Encumbrancer or Encumbrancers' and "his", "her" or "them",
respectively, and the number of the verb agreeing therewith shall be
construed accordingly.
(2) Schedule I attached hereto shall form part of this agreement.
11.
TIME
Time shall be of the essence of the agreement.
12.
BINDING PARTIES
This agreement and everything herein
and be binding upon the Parties hereto,
contained shall enure to the
their successors and assigns.
benefit of
IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals
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attested to by the hands of their proper officers in that behalf fully authorized.
SIGNED, SEALED & DELIVERED
566626 ONTARIO INC.
610823 ONTARIO LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
$ohn E. Anderson, Mayor
Bruce Taylor, Clerk
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SCIIEDULE I
SCI/EDULE A
FREA
~ I
, I I
SCHEDULE B
THIS AGREEMENT made December 1, 1986
BETWEEN:
566626 ONTARIO INC.
and
610823 ONTARIO LIMITED,
herein collectively called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING,
herein called the "Town",
OF THE SECOND PART,
- and -
ARMCORP 4-I2 LTD.
and
TOCANA DEVELOPMENTS (CANADA) INC.
herein collectively called the "Armcorp",
OF THE THIRD PART.
WHEREAS the Owner is the owner in fee simple of that part of Lot 18, Concession 1,
Picketing, designated as Part 13, Plan 40R-9576; and
WHEREAS the Town is the owner in fee simple of that part of the Lot designated as
Parts 11 and 12, Plan 40R-9576; and
WHEREAS Armcorp is the owner in fee simple of that part of the Lot immediately
south of Part 11, Plan 40R-9576, being Parts 1 to 6, Plan 40R-5341, and wishes to
ensure that it has access to and from a proposed public road to be constructed on
that part of the Lot designated as Parts 1, 2 and 5, Plan 40R-9576 ("Picketing
Parkway");
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of
$2.00 paid by each party to each other party, receipt of which from each, by each,
is hereby acknowledged, the Parties hereto agree as follows:
The Owner shall sell to the Town and the Town shall purchase from the Owner
all of that part of Lot 18, Concession 1, Picketing, designated as Part 13, Plan
40R-9576,
(a)
(b)
(c)
free and clear of all encumbrances,
for a sale price of $48,470.00,
in a transaction to close on or before December 12, 1986.
Armcorp shall finance the purchase by the Town of Part 13, Plan 40R-9576, by,
(a) paying a deposit of $I,000.00 to the Owner, receipt of which by
the Owner is hereby acknowledged;
(b) paying the balance, $47,470.00, to the Owner on closing, subject
to adjustment for taxes; and
(c) paying prior to closing to the Town, all land transfer taxes and
registration costs payable on closing.
If Armcorp does not comply with the provisions of section 2 in accordance with
the time limits set out therein, the Town shall have no obligation to purchase
Part 13, Plan 40R-9576, and neither the Owner nor Armcorp shall seek any
compensation whatsoever from the Town for failing to purchase that Part.
On or before December 1, 1991, Armcorp shall notify the Town in writing
whether,
(a) it requires public road access to Pickering Parkway over P~arts
11, 12 and 13, Plan 40R-9576, or
(b) it does not require such public road access.
(1)
If Armcorp's notification is that it requires such public road access,
Armcorp shall construct, within two years of the date of notification, a
roadway, complete with curbs, gutters, storm sewers, sidewalks, boule-
vards, street lights and turning circle, to the Town's specifications and
at no cost to the Town, on Parts 11, 12 and 13, Plan 40R-9576, in accor-
dance with drawings approved by the Town and to standards acceptable
to the Town, following satisfactory completion of which the Town shall
dedicate Parts 11, 12 and 13, Plan 40R-9576, as public highway.
(2)
If Armcorp~s notification is that it does not require such road access, the
Town shall convey its interest in Parts 11, 12 and 13, Plan 40R-9576 to
Armcorp for a sale price of $2.00 in a transaction to close on or before
the $0th day following the date of receipt by the Town of Armcorpts
notification.
If Armcorp,
(a) does not notify the Town pursuant to section 4 within the time
limited therefor, or
(b)
having notified the Town that it requires public road access to
Picketing Parkway, neglects or refuses or fails to complete the
required construction within the time limited therefor, or
(c)
having notified the Town that it does not require such public
access, neglects or refuses or fails to close the transaction
conveying Parts 11, 12 and 13, Part 40R-9576, within the time
limited therefor,
then the Town shall be released by Armcorp from all the Town's obligations
hereunder and may retain Parts 11, 12 and 13, Plan 40R-9576 or deal with
them, or any of them, as it sees fit.
Sections 4, 5, and 6 shall become effective and bind the parties only upon the
closing of the transaction referred to in section 1.
Any notice required to be given hereunder may be given by registered mail to
the addressee's principal place of business and if so given shall be effective as
of the third day following the date of its deposit in the post office.
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9. Time shall be of the essence of this agreement.
10. 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 & DELIVERED
566626 ONTARIO INC.
610823 ONTARIO LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
3ohn E. Anderson, Mayor
Bruce Taylor, Clerk
ARMCORP 4-12 LTD.
TOCANA DEVELOPMENTS (CANADA) INC,
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