HomeMy WebLinkAboutBy-law 1637/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1637/83
Being a by-law to authorize the execution
of an Agreement between Monarch Marking
Systems Ltd./Marquage Monarch Ltee. and
the Corporation of the Town of Pickering
with respect to the right of first
refusal to purchase Part Lot 18, Range 3,
B.F.C., Pickering (Parts 7 and 8 and part
of Part 9, Plan 40R-2638)
WHEREAS, in acquiring lands for the establishment of Clement's Road between Brock
Road and Sandy Beach Road, the Town acquired, pursuant to the provisions of section
193(3) of the Municipal Act, R.S.O. 1980, chapter 302, a larger quantity of land
than the part immediately required for such purpose; and
WHEREAS, pursuant to the provisions of that section, where a town acquires such
larger quantity it may afterwards sell and dispose of so much of it as is not so
required; and
WHEREAS, it is deemed expedient to grant to Pitney Bowes of Canada Ltd./Pitney Bowes
du Canada Ltee. a right of first refusal to purchase Parts 7 and 8, and a part of
Part 9, Plan 40R-2638, being a part of the larger quantity acquired for the purpose
referred to;
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 between
Monarch Marking Systems Ltd./Marquage Monarch Ltee. and the Corporation of
the Town of Pickering granting a right of first refusal to Pitney Bowes of
Canada Ltd./Pitney Bowes du Canada Ltee., to purchase those parts of Lot 18,
Range 3, B.F.C., Pickering, designated as Parts 7, 8 and 9, Plan 40R-2638,
save and except that part of Part 9, Plan 40R-2638 designated as Part 2, Plan
40R-7115.
BY-LAW read a first, second and third time and finally passed this 21st
March , 1983.
day of
Ma~6r (Acting)
Clerk
Schedule to By-law 1637/83
THIS INDENTURE OF AGREEMENT made as of the 21st day of March, 1983.
BETWEEN:
MONARCH MARKING SYSTEMS LTD.
MARQUAGE MONARCH LTEE.
hereinafter called "Monarch"
OF THE FIRST PART,
- and -
THE CORPOP~qTION OF THE TOWN OF PICKERING
hereinafter called "Picketing"
OF THE SECOND PART.
WHEREAS by Deed dated , 1982, and registered on ,
1982 as Instrument No. , Pickering conveyed to Monarch those parts of Lot 18,
Range 3, Broken Front Concession, Pickering, designated as Part 4, Plan 40R-2638 and
Part 2, Plan 40R-7115; and
WHEREAS by Deed dated July 27th, 1982, and registered on August 24th, 1982, as
Instrument No. D143261, Monarch conveyed to Pickering that part of the said Lot
designated as Part 1, Plan 40R-7115; and
WHEREAS Monarch and Pickering have entered into certain agreements as conditions
subsequent to the said conveyances and it is considered that these agreements should
be reduced to writing;
NOW THEREFORE, THIS INDENTURE WITNESSETH that in consideration of the mutual coven-
ants and agreements hereinafter contained, the Parties hereto hereby agree as follows:
Pickering grants to Pitney Bowes of Canada Ltd./Pitney Bowes Du Canada Ltee.
(hereinafter called Pitney) the irrevocable right of first refusal from Pickering
of those parts of Lot 18, Range 3, Broken Front Concession, Pickering, desig-
nated as Parts 7, 8 and 9, Plan 40R-2638, save and except that part of Part 9,
Plan 40R-2638, designated as Part 2, Plan 40R-7115.
In the event that Pickering decides to sell, mortgage or otherwise dispose of
any or all of its rights and interests in those lands which are the subject of
the right of first refusal herein, Pickering shall notify Pitney in writing, at
its head office, by registered mail or delivery, and Pitney shall have sixty
(60) days from the date of posting or delivery to exercise the right, upon such
terms and at such sale price as may be agreed upon.
3. Monarch shall pay to Pickering the sum of $24,694.97 within thirty (30) days of
the date of this Agreement as its contribution to the cost of the installation
-2-
of a sanitary sewer and watermain on that part of Clements Road between Brock
Road and the C.N.R. rail crossing approximately 1220 feet east of Brock Road in
the Town of Pickering.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corpor-
ate seals duly attested by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
MONARCH MARKING SYSTEMS LTD. MARQUAGE
MONARCH LTEE.
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
Town of Pickering
Legal Department
SCHEDULE OF COSTS
Sanitary Sewer and Watermain Installation
Clements Road - Brock Road to C.N.Ro - Pickering
~e~ion of Durham Contract T-2481
Water Sewer
Contractors Payment $57,206.84 $26,529.28
Consultant's Fees 657.01 309.18
Engineering - Design - Pre 172.33 266.20
- Cont 63.56 -
Inspection - Cont 1,056.75 497.29
Flushing/Chlorination 484.67
Water Work Order 2,602.98
Interim Financing (to Dec.)- Town 996.46 468.92
- Region 5,220.78 3,125.64
Provision for Inspection on
Completion of Maintenance Period 500.00 500.00
$68,961.38
$31,696.51
North Side Share
Total North Side Share
$34,478.62 $15,847.30
$50,325.92
North Side Frontage
less exemption as Brock Road
flankage
Net North Side Frontage
1,225.61 feet
200.00 feet
1,025.61'feet
Total North Side Share per foot of Net North Side Frontage
Frontage - Part 1, Plan 40R-7115
North Side Share applicable to Part 1, Plan 40R-7115'
$49.07
503.26 feet
$24,694.97
* Payable by Monarch Marking Systems Ltd. to Pickering under
terms of sale agreement.