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HomeMy WebLinkAboutBy-law 1452/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1452/82 Being a By-Law to authorize the execution of an Agreement for dedication of community lands, and Option to Purchase, between Ontario Land Corporation and the Corporation of the Town of Pickering respecting the acquisition of Part Lot 34, Concession 6, Pickering (Green River Community Centre) 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 purposes of the corpor- ation; and WHEREAS it is deemed desirable to acquire certain lands in Lot 34, Concession 6, Pickering, for the purposes of the establishment of the Green River Community Centre; 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 Community Lands, in the form attached hereto as Schedule "A", between Ontario Land Corporation and the Corporation of the Town of Pickering respecting that part of Lot 34, Conces- sion 6, designated as Part 1 on Ontario Land Corporation Plan 6350-406 (Green River Community Centre). The Mayor and Clerk are hereby further authorized to execute an Option to Purchase, in the form attached hereto as Schedule "C" to Schedule "A" attached hereto, between the Corporation of the Town of Picketing and Ontario Land Corporation respecting that part of Lot 34, Concession 6, Pickering, designated as Part 1 on Ontario Land Corporation Plan 6350-406, which Plan is deposi- ted in the Land Registry Office for the Registry Division of Durham at Whitby as Plan 40R- BY-LAW read a first, second and third time and finally passed this 1st day of March , 1982. SCHEDULE "A" TO BY-LAW 1452/82 AGREEMENT FOR DEDICATION OF COMMUNITY LANDS BETWEEN: ONTARIO LAND CORPORATION (hereinafter called "OLC") OF THE FIRST PART, 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 Agree- ment shall have the following meanings: (a) "Acceptance of this Agreement" means execution and delivery by the Town to OLC; (b) "Agreement" means this document as originally signed'and delivered and as amended from time to time; (c) "Date of Acceptanc~e" means the date that this Agreement is executed by OLC and delivered to the Town as indicated in signature page of this Agreement; the (d) "Date of Closing" means the 30th day of April, 1982, unless extended as provided for herein; (e) "Land" means the land described in Schedule "A" hereto attached, together with all buildings and structures presently located thereon. CONSIDERATION In consideration of the premises and of the covenants herein, - 2 - 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 terms and con- ditions of this Agreement; (b) The Town shall, from time to time, reduce, by a total of 0.5392 hectares, its requirements for community park dedi- cations relating to the development of future residential subdivisions of the Land of OLC in the area described in Schedule "B" of this Agreement. 3. PAYMENT OF TAXES & OTHER CHARGES The Town shall assume, property taxes, rates, against the Land. from and after the Date of Closing, all charges and assessments now existing TITLE (1) 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 to have furnished other copies thereof other than those in OLC's possession or under its control. (2) The Town is allowed thirty (30) days from the Date of Accep- tance of this 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. 5. 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, subject to any lease agreements in force on the Date of Closing. (3) OLC and the Town acknowledge that certain of the leases on the Land may include additional land to the Land being the subject of this Agreement; when a survey is prepared, which is being prepared by OLC at OLC's expense and which will be prepared on or before the Date of Closing, OLC and the Town will apportion the rental revenue so that the Town will receive only that portion of the rental revenue that applies to the Land conveyed to the Town. 6. COMMUNITY CENTRE USE (1) The Town covenants with OLC that the Town will use the Land and Buildings thereon for the purpose of a Community Centre and no other purpose, and if the Town uses the Land and Buildings thereon for any other purpose, OLC may exercise its Option to Purchase contained in Schedule "C" of this Agree- ment. - 3 - 6. COMMUNITY CENTRE USE (Cont'd) (2) The Town shall, on or before December 31st, 1983, renovate the Land and Building for use as a Community Centre, and if the Town fails to renovate the Land and Building for use as a Community Centre by December 31st, 1983, OLC shall forthwith after such date purchase the Land including all improvements for the sum of ($2. 00) Two Dollars without interest or comp- ensation for improvements or taxes or outgoings of the Town in relation to the Land; it is agreed between the Parties hereto that a section to be drafted by 0LC enforcing this section may be included in the Deed of Land from OLC to the Town and such Deed shall be signed by the Town as well as OLC. 7. OPTION TO PURCHASE (1) The Town shall sign and deliver to OLC on the Date of Closing an Option to Purchase in the form attached to this Agreement as Schedule "C" which is, for all purposes, an integral part of this Agreement and if such Option is not signed and delivered to the Town on the Date of Closing, this Agreement will, at the option of OLC, be null and void. (2) OLC shall have the privilege of registering the Option to Purchase described in this section on the title of the Land at, or after, delivery to the Town of any Deed or Transfer. 8. GENERAL CONDITIONS (1) Ail 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 March, 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 Clos- ing. (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. (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. 8. GENERAL CONDITIONS (Cont'd) (9) Schedules "A", "B", "C" and "D" 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 Agree- ment. (11) Any notice, demand, request, consent, approval, disapproval, acknowledgement, 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 con- tained 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 Picketing, 1710 Kingston Road, Picketing, 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 W~EREOF, the Parties hereto have signed this Agreement under Seal this day of , 19 SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk Accepted by OLC %his day of , 198 SIGNED, SEALED & DELIVERED ONTARIO LAND CORPORATION By its Authorized Signing Officers Thief Executive Officer Corporate Secretary SCHEDULE "A" In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario, and being that portion of Lot 34, Concession 6, designated as Part 1 on Ontario Land Corporation Plan 6350-406, as shown, for illustrative purposes, on Schedule "D" hereto. SCHEDULE "B" In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario, and being those lands designated as Part 1 on Ministry of Housing Expropriation Plan 6350-036, duly registered in the Land Registry Office for the Registry Division of Durham at Whitby as No. 263 (EXP.) SCHEDULE "C" OPTION TO PURCHASE THIS AGREEMENT made this day of , 198 BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town") OF THE FIRST PART, - and - ONTARIO LAND CORPORATION (hereinafter called "OLC") OF THE SECOND PART. WITNESS that in consideration of other valuable consideration and the sum of $2.00 (Two Dollars) of lawful money of Canada now paid by OLC to the Town, the receipt of which is hereby acknowledged, the Town hereby grants to OLC an Option and a right of first refusal irrevocable within a period of 3 (three) years from the date hereof to purchase the Land, described in Schedule 1 hereto (hereinafter called the "Land"), upon the following terms and conditions: 1. OLC may exercise this Option to Purchase: (a) if the Town offers the Land and Building or either of them, for sale before substantially completing the renovations to convert the Land and Building thereon for use as a Community Centre; or (b) if the Town ceases to use the Land and Building thereon as a Community Centre. Before the Town offers the Land for sale or ceases to use the Land as a Community Centre, it shall first notify OLC in writing of the proposed sale, or the proposed change in use, and OLC shall there- upon have the option of giving notice to the Town in writing within 14 (fourteen) days that OLC will purchase the Land, and, in the event that OLC gives such notice, within 90 days after the date thereof, the Town shall sell the Land to OLC at the Total SCHEDULE "C" (Cont'd) Purchase Price of $2.00 (Two Dollars) free of encumbrances and shall pay all applicable taxes, interest, public utility and other charges on the Land to the Date of closing of the sale to OLC. IN WITNESS WHEREOF the Parties hereto have signed this Agreement under seal this day of , 198 SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk ONTARIO LAND CORPORATION By its Authorized Signing Officers Chief Executive Officer Corporate Secretary STANCES S¼=,,, i 0~ THIS PLAN ~D CAN BE CSNVERYED TO FEET 5048. SCHEDULE "D" ~N OF ~JNNNING PLAN /-,/'-', jx I [-x F-- F-', \ '/-" I N71°49' 55"E PART I I liT 84095 Sl~ (Y) PART 2 PLAN 4OR- 263l m~PART I ART 3 DEPOSITED PLAN ~3 !G2, M~C. ~'- L~C p.,A~o. ,~-~-5 ~ ALLOWANce FOR SCHEDULE "1" In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario, and being that portion of Lot 34, Concession 6, designated as Part 1 on Ontario Land Corporation Plan 6350-406, duly deposited in the Land Registry Office for the Registry Division of Durham at Whitby as Plan 40R- CO Z~ 0 2~ 0 O~ ~0 H~] ~0 Con.9 Con8 Con. 7 Con 6 TOW NSF oi 0 / / : GREE'N RIVER Con 5 Con 4 i Town of Pickering Legal Department