HomeMy WebLinkAboutBy-law 4008/92 THE CORPQRATIQN OF THE TOWN OF PICKERING
BY-LAW NO. 4008/9~2
Being a by-law to authorize the acquisition, in
conjunction with M. TR.C.A., of certain lands adjacent to
Frenchman's Bay for parkland purposes.
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section
191(1), the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any
land or interest therein for the purposes of the corporation;
NOW THEREFORE the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Corporation of the Town of Pickering shall acquire, in conjunction with the Metropolitan
Toronto and Region Conservation Authority, Part Lot 24, Range 3, Broken Front Concession,
Pickering; Lots 1, 2, 3, 5, 8 to 30, 34 to 48 and part of Lots 6, 7, 31, 32 and 33, Plan 239,
Pickering; and Lot 1, Registrar's Compiled Plan 814, Pickering, for parkland purposes, at a cost
to the Corporation not to exceed $500,000.
2. The Mayor and Clerk are hereby authorized to execute an Agreement of Purchase and Sale, in
the form attached hereto as Schedule A, between Sandbury Building Corporation and 448404
Ontario Limited, as vendors, and the Metropolitan Toronto and Region Conservation Authority
and The Corporation of the Town of Pickering, as purchasers, to implement the acquisition of
the lands referred to in section 1.
3. The Town Solicitor is hereby authorized to execute,
(a) a Direction to the Vendor to engross the Transfer/Deed in favour of the Metropolitan
Toronto and Region Conservation Authority upon the entering into of a management
agreement between The Corporation of the Town of Pickering and the Metropolitan
Toronto and Region Conservation Authority for the management by the Town of the
lands referred to in section 1;
(b) a Direction to exclude from the lands to be acquired pursuant to the Agreement of
Purchase and Sale referred to in section 2 all of Lot 1256, Plan M-16, Pickering; and
(c) all other documentation requked to effect the acquisition in substantial accordance with
the Agreement of Purchase and Sale and this by-law.
BY-LAW read a first, second and third time and finally passed this 1st day of June, 1992.
TOWN OF
PICI(ERIN( Bmce Taylor, Clerk
APPROVED
TO
L.~GA ,L DERI...
AGREEMENT OF PURCHASE AND SALE
se! to
VENDORS SANDBURY BUILDING CORPORATION and 448406 ONTARIO LIHITED
~ER l~g 'i~ETROPOLiTAN TORONTo AND REGI°N CONSERVATION AUTHORITY l
NO AGENT ghe roi-lowing propez~:y= THE CORPORAT[ON OF THE TOWN OF PICKERING
Part of Loc 24, Range 3 B.F.C., Lots l, 2, 3, 5, 8 :o 30, 3/4 to 48, and Parc of Lots
7, 31, 32, 33, Plan 239, P~an 81Z~, and Loc 1256. Plan M-16,
within Town oi Picksring. The property (except L,o~ 125~, Plan M-lB, Los 1. Plan
and Par~ of LQ~ ~, Plan 23,9) ia further describmd as Pa~ts I - 6 and 8 - 12,
inclu~ive~ ~n R~far~n~e ~lan,~OR-11026
ON
~,, ~I,~%QN, ~D,,F,I~ TRO~S~D ~.~,~ ~.s ~ !, O50, OOO. OO
PURC~SER ~hall pay the balance of ~he purchase price in cash or by certified cheque on
closing subject to the usual adjustments.----
~. ~HIS AG~NT IS CONTI~ED ON SC~D~E "A" ~ICH FO~S P~T ~REOF.
NONE
DARED A? SCARBOROUGH ~,, .~ro~ MA7 ~ 92
' ' ' Of fi r '~'~ ~
Au~orized Sighing C~ S~N ~A ~O7
448~4 ~NT~IO L~ITED
DARED AT TORQNTO m,s ~ay o~ ,~ ~ 2
,nzhe~rese~*o, T~ ~TROPOLIT~ TORONTO ~D ~GION CONSERVATION ~
Per: ~N
THE CORPO~T[ON OF THE TO~N OF P~CKERIN~
(PURCHASERS
ACKNOWLEDGEMENT
~CHEDULE ~A~
TO AN AGI~I~MENT OF PI~CHASE AND ~ BETWEEN
SANDBURY BUILDING CORPORATION and ~i8404 ONTARIO LIMITED,
AS VENDORS, AND THE MEI'ROPOLITAN TORONTO AND REGION
CONSERVATION AUTHORITY, AS PURCHASER, IN RF.,SP~ OF
THE LAND COMPRISING PART OF LOT 24, RANGE 3 B.F.C,, PICKgRING,
AND OTHER MORE PARTICULARLY DESCRIBED IN THE SAID AGIaI~MENT
l. · The Vendors and Purchaser hercby instruct thc Vendors' solicitors to purchase a
guaranteed invnstmcnt certi~cate or oth~ certificate of ckposit from a Canadian cherter~d bank
with thc deposit monies subx~tted with this Agre~nant. Notwithstanding anything otherw~
herein contained in this Agreement to the contrary, it iS und~n~tood and agreed that all intet~
earned under the guerantced investment certificate or other certificate of deposit shall be paid to
the party entitled to the deposit monies on completion of tho within transaction or other
termination of this Ag~cmant.
2. Th~ Vendors represent and warrant to the Purchaser (which representation and
warranty shall nm survive closing) that to the be~t of their Imowledge and be~le, f, there ~r~ no
contaminants or environmental h~:,~rcls deposited upon or contained within the proper~ requlrins
treatment, removal or di~x~l, The Purchaser shall have the right to enter upon the property at
all reasonable hours following acceptance of this Agreement to complete such investigations and
tom ~ it may require to settsfy itself as to the environmental conditions of the property,
provided t~t the Purchaser r~tores or makes good any damage done to tho proi~rty ~s & result
of such investigations and fasts. It is understood ~ agre4M that should tho Vendors
representation and warranty be found by the Purchaser to be incorrext, or should Purchaser not
be satisfied with tho environmental conditions of the property, the Purcha~ shall notify the
Vendors in writing as to particulars of the matter or matters found to cause the representation and
warranty to bt incon'¢ct or the reasons the Purchaser is not se~fled with the anvtronmanM
conditions. It ia further understood and agreed that tho Purchaser's sole remedy for finding the
repre~ntation and warranty incon~ct or the environmant,~l conditions of the property to be
umatisfactory to it sh~ll be to hart the right to terminate thc withl~ Agreement and carl for the
return of tt~ deposit and in no event will the Purchaser make any clslm for damag~ or oth¢~vise
~ a~i~st the Vendo~s.
3. The Agreement arising from acceptance by the Purchaser of the Vcndore offer to
sell shall be conditional upon the Purchaser obtaining any and all approvals required by it for the
acquisition of tho property herein from the appropriate depar~ent or departments of the Province
of Ontario, including the Management Board of thc P~ovincial Cabinet, the Ontario Municipal
Board, and thc Ministe~ of Natural Resources, on or before the 30th day of October, 1992, failing
which this Agreement shall be at an end and all deposit monies shall be returned to the
Purchaser.
4. It is understood and agreed Purchaser, at its option, at any time prior to the c[osin$
may exclud~ from the property to be purchased the whole of Lo~ 12.~6, Plan M-16, in which
event the purchase price of $1,0~0,000 shall be reduced to $900,000, If Purchaser elects not to
acquire the aforesaid Lot 1256, Vendor shall proceed in good faith and make all reasonable
efforts to sell the said Lot 1.256 within a reasonable time following the closing of the sale of the
remainder of the property to the Purchaser and at a reasonable price and the Vandor, upon such
sale, shall pay and transfer to the Purchaser the proceeds of the sale of Lot 1256 less the sum
of $150,000 and any real estate commission payable by Vendor in connection with the sale of
Lo~ 1256.
Purchaser agrees it will on the closing date pay to thc Vendor any goods and
services tax ('GS'I~) that may be cxigible in respect of tho transaction contemplated herein,
unlc~ Purchaser provides Vendor on the closing date with a registration number that is valid for
the purposes of th& ~3ST and s certificate of a senior officer of the Purchaser certifying that the
registration number is that issued to the Purchaser and is in full force and effect. Purchaser
covenants to Vendor to remit directly to Revenue Canada, Customs and Excise, any GST that
may be exlgible 1~1 respect of thc purchase and sale of the property.
6. if Purchaser accepts this offer, payment o! the purchase price shall constitute full
and l'mai release, settlement and satisfaction of any and all claims and demands Vendor mi~lit
have ag&inst the Purchaser In any way connected with thc property bein~ &cquh'ed hereunder or
any other lands of the Vcndm' ~jac~nt to the property whether as a l~wult of any ncs~ligencc of
the Purchaser to date or otherwise.
7, All ri~,hts of way and e. nsement$ s~ncxed to ~ ~ ~ ~ ~ ~ ~flt
of thc p~ or ~y ~t~ thcrmf, ~t ~ ~clud~ ~ ~ ~ a ~ of ~
pro~ ~ing pushed ~ ~ ~tl~ Ven~r s~l ~fer ~d ~vey ~ of t~ ~t, ~c
~d ~tere~ ~ P~ 13 on ~ 40R-11~6, if ~y,