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HomeMy WebLinkAboutBy-law 1585/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1585/82 Being a By-Law to authorize the execution of an Agreement, for dedication of commun- ity centre lands, between Ontario Land Corporation and the Corporation of the Town of Pickering respecting the acquisition of certain lands in Plan 21, Whitevale (Whitevale Neighbourhood Park) WHEREAS pursuant to the provisions of section 336 of the Municipal Act, R.S.O. 1980, chapter 302, the council of every corporation may pass by- laws for acquiring any land required for the purpose of the corpora- tion; and WHEREAS it is deemed desirable to acquire certain lands in Plan 21, Whitevale, for the purposes of the establishment of the Whitevale Neighbourhood Park; 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 for dedication of con~nunity lands, in the form attached hereto as Schedule "A", between Ontario Land Corporation and the Corporation of the Town of Pickering, respecting those parts of Plan 21, White- vale, designated as Parts 1, 2 and 4 on Ontario Land Corporation Plan 6350-416 (Whitevale Neighbourhood Park) BY-LAW read a first, second and 15th day of November third time and finally passed this , 1982. Schedule "A" to B~;-Law Number 1585/82 AGREEMENT FOR DEDICATION OF COMMUNITY LANDS BETWEEN: ONTARIO LAND CORPORATION (hereinafter called "OLC") OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town") OF THE SECOND PART. WHEREAS OLC is the registered owner in fee simple of the Land described in Schedule "A" hereto; and WHEREAS OLC proposes to dedicate the land to the Town for the purpose of a Community Centre; NOW THEREFORE,, THIS AGREEMENT WITNESSETH THAT: 1. DEFINITIONS The following words and expressions wherever used in this Agreement shall have the following meanings: (a) "Acceptance of this Agreement" means execution and delivery by the Town to OLC; (b) "A§reement" means this document as originally signed and delivered and as amended from time to time; (c) "Date of Acceptance" means the date that this Agreement is executed by OLC and delivered to the Town as indicated in the signature page of this Agree- ment; (d) "Date of Closing" means the 31st day of January, 1983, unless extended as provided for herein; (e) "Land" means the land described in Schedule "A" hereto attached, together ~ith all buildings and structures presently located thereon. 2. CONSIDERATION In consideration of the premises and of the covenants herein, -2- CONSIDERATION (Cont'd) (a) OLC shall convey, on the Date of Closing, the Land in fee simple, free of encumbrances, to the Town, for the sum of $2.00 (Two Dollars), upon and subject to the ter~s and conditions of this Agreement; and (b) the Town shall, from time to time, reduce, by a total of 1.2248 hectares, its requirements for community park dedications relating to the development of future residential subdivisions of the Land of OLC in the area described in Schedule "B" of this Agreement. PAYMENT OF TAXES & OTHER CHARGES The Town shall assume, from and after the Date of Closing, all property taxes, rates, charges and assessments now existing against the Land. TITLE (1) (2) The Town may examine the Title at the Town's own expense and the Town may not call for production of any Title Deed or Abstract of Title or have furnished other copies thereof other than those in OLC's possession or under its control. The Town is allowed thirty (30) days from the Date of Acceptance of th~s Agreement by OLC to examine the title, and if within that time, the Town furnishes OLC, in writing, with any valid objection to the title, which OLC is unwilling or unable to remove, and which the Town will not waive, this Agreement will be null and void, and neither OLC nor the Town will be liable for any costs or damages, but if no valid objection to the title is made within the said time, the Town is conclusively deemed to have accepted the title of OLC to the Land. CONVEYANCE & POSSESSION OF THE LAND (1) On the Date of Closing, OLC shall convey the Land to the Town by a good and sufficient Deed or Transfer. (2) OLC shall give the Town possession of the Land on the Date of Closing, free and clear of all encumbrances. 6. GENERAL CONDITIONS (1) All documents necessary to transfer title, including surveys, shall be prepared by OLC,' at its expense, but each Party shall be responsible for its own legal and registration costs. (2) Tender of documents or money may be made upon the solicitor for either Party. (3) This Agreement when accepted constitutes a binding Agreement and time is in all respects of the essence hereof. (4) This Agreement is open for acceptance by OLC until one minute before midday on the 31st day of December, 1982, after which time if not executed by OLC and delivered to the Town or its solicitor, it shall become null and void. (5) The Land remains at the risk of OLC until the Date of Closing. (6) The Town and OLC shall adjust applicable taxes, grants-in-lieu of taxes and utility charges, if any, as of the Date of Closing. (7) This Agreement enures to the benefit of, and is binding upon, the Parties hereto and their successors and assigns but no assignment of this Agreement is valid unless it has first been approved in writing by OLC. - 3- 6. GENERAL CONDITIONS (Cont'd) (8) Any of the covenants and conditions of this Agreement not completed on or before closing survive the closing of the conveyance of the Land and do not blend or meld or merge with the delivery of title to the Land by OLC to the Town as provided herein. (9) Schedules "A" and "B" attached hereto for all purposes form an integral part of this Agreement. (10) The captions and headings in this Agreement are for reference only and do not affect the meaning of anything in this Agreement. (11) Any notice, demand, request, consent, approval, disapproval, acknowledge- ment, or other matter which either Party hereto may desire or be required to give to the other Party hereto with regard to any matter or thing in this Agreement contained shall be in writing and shall be personally served upon OLC addressed to Ontario Land Corporation, 60 Bloor Street West, 10th Floor, Toronto, Ontario, M4W 3K7, marked to the attention of the Director, Land Operations, or upon the Town, addressed to The Corporation of the Town of Pickering, 1710 Kingston Road, Pickering, Ontario, L1V 1C7, marked to the attention of the Town Clerk and every such notice, or other document referred to above shall be deemed to have been given on the date when it was so personally served; either Party may from time to time give notice in writing to the other Party of any change of address of the Party giving such notice and from and after the giving of such notice the address therein specified shall be the address of such Party for the giving of notices thereafter. IN WITNESS WHEREOF the Town has made the Offer contained herein and has executed this Agreement under Seal this day of , 1982. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk IN WITNESS WHEREOF, OLC has accepted the Offer contained herein and has executed this Agreement under Seal this day of , 1982. SIGNED, SEALED & DELIVERED ONTARIO LAND CORPORATION By its Authorized Signing Officers ~hief Executive Officer Corporate Secretary SCHEDULE "A" ALL AND SINGULAR those certain parcels and tracts of lands and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being: FIRSTLY: All of Lots 42 and 43 and those portions of Lots 14 and 15 according to Registered Plan No. 21, being a subdivision of part of Lots 31 and 32, Concession 4, known as the Village of Whitevale, duly registered in the Land Registry Office for the Reg- istry Division of Durham (No. 40) at Whitby and designated as Part 1 on Ontario Land Corporation Plan 6350-416, a print of which is attached hereto as Appendix I; SECONDLY: All of Lots 18, 19, 20, 44, 45 and 46 and those portions of Lots 17 and 47 according to said Registered Plan No. 21 and designated as Part 2 on said Ontario Land Corpora- tion Plan 6350-416; THIRDLY: Those portions of Lots 66, 67, 68, 69, 70 and 71 according to said Registered Plan No. 21 and designated as Part 4 on said Ontario Land Corporation Plan 6350-416. SCHEDULE ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being those lands designated as Part 1 on Ministry of Housing Exprop- riation. Plan 6350-036, duly registered in the Land Registry Office for the Registry Division of Durham at Whitby as No. 263 (EXP.) Town of Pickering Legal Department