HomeMy WebLinkAboutBy-law 1131/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 1131/80
Being a by-law to authorize the execution
of an assignment of the Durham Board of
Education's rights to acquire Block C,
Plan M-1057 from Bramalea Limited and to
authorize the Purchase of Block C, Plan
M-1057, Pickering.
WHEREAS, by agreement dated August 8th, 1975, Bramalea
Consolidated Developments Limited (now Bramalea Limited) gave
an option to The Durham Board of Education inter alia to ac-
quire, subject to certain terms and conditions, Block C,
Plan M-1057, Pickering; and
WHEREAS, the said option is assignable by The Durham
Board of Education to the Town of Pickering in the event that
the former does not accept the option with respect to the said
Block; and
WHEREAS, by Board resolution dated April 28th, 1980,.
the Board determined that it will not accept the option with
respect to the said Block; and
WHEREAS, pursuant to its powers under the provisions of
paragraph 68 of section 352 of The Municipal Act, R.S.O. 1970,
c.284, the Council of the Corporation of the Town of Pickering
deems it desirable to acquire the said Block for public parks
purposes;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
an agreement, in the form attached hereto as Schedule
"A", between The Durham Board of Education and the
Corporation of the Town of Pickering, respecting the
assignment to the Town of an agreement, dated August
8th, 1975, between the Board and Bramalea Limited,
whereby the Board has an option to acquire Block C,
Plan M-1057, Pickering, from Bramalea Limited.
BY-LAW read a first, second and third time and finally passed
this 2nd day of June , 1980.
TOVA%1 F?
PICKcRI. G
AS TO FC' :'il
2c t o ' ,
11 l
%
Mayor
SCHEDULE "A" to By-law 1131/80
THIS AGREEMENT made in triplicate the day of May,
1980.
BETWEEN:
THE DURHAM BOARD OF EDUCATION,
hereinafter called the Assignor,
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the Assignee,
OF THE SECOND PART,
WHEREAS, by agreement dated August 8th, 1975,
Bramalea Consolidated Developments Limited (now Bramalea
Limited) gave an option to the Assignor herein to purchase,
subject to certain terms and conditions, all of Blocks C
and K1 as designated on certain draft final plans of sub-
division of Part Lot 28, Concession 1, Pickering, and now
designated as Block C, Plan M-1057 and Block K-1, Plan
M-1059, Pickering, respectively; and
WHEREAS, one of the said terms and conditions pro-
vides that the Assignor herein may assign the option to the
Assignee herein in the event that the former does not ac-
cept the option; and
WHEREAS, the Assignee herein has determined that it
will not exercise the option insofar as it relates to the
purchase of Block C, Plan M-1057, Pickering;
- NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in
consideration of the sum of Two Dollars ($2.00) now paid
by the Assignee to the Assignor, receipt of which by it is
hereby acknowledged, the Parties hereto mutually covenant
and agree as follows:
1. The Assignor hereby assigns to the Assignee its right,
title and interest in and to the Agreement dated the
8th day of August, 1975, made between Bramalea Con-
solidated Developments Limited and the Durham Board of
Education, a copy of which agreement is hereto attached
as Schedule "A" to this Agreement, including its rights
of action or other rights accruing to it, or which
might hereafter accrue to it under the said agreement,
insofar as the said agreement relates to the purchase
of Block C, Plan M-1057, Pickering.
2. This Agreement and everything contained herein shall
enure to the benefit of, and be binding upon, the Parties
hereto, their respective successors and assigns.
- z -
IN WITNESS WHEREOF,the Parties hereto have here-
unto affixed their corporate seals duly attested by their
respective authorized officers.
SIGNED SEALED and DELIVERED THE DURHAM BOARD OF EDUCATION
rman
Superintendent of Business and
Treasurer
THE CORPORATION OF THE TOWN
OF PICKERING
Clerk
SCHEDULE "A"
AGREEP'=%'T made in duplicate he 6th day of
1975.
B E T W E E N:
BRAMALEA CONSOLIDATED DEVELOPMENTS LIMITED
herein called the OPTIONOR
of the FIRST PART
- and -
THE DURHAM BOARD OF EDUCATION
herein called the OPTIONEE
_ of the SECOND PART
In consideration of the sum of ONE DOLLAR now paid by the
Optionee to the Optionor (the receipt whereof by it is hereby ack-
nowledged), the parties hereto mutually covenant and agree as
follows:
1. The Optionor hereby gives to the Optionee an option
irrevocable within the time limited herein for acceptance
to purchase, free from encumbrances, all of Blocks C and
K1 in the Town of Pickering, in the Region of Durham,
composed of Part of Blocks 1 and 5, Registered Plan 353
and part of Lot 28, Concession I as shown on the two
final plans of subdivision for registration outlined in
red prepared by I.M. Pastnshak, Ontario Land Surveyors,
dated January 15, 1974 and February 15, 1974 respectively
attached hereto, and containing five acres each more or less.
2. The option shall be open for acceptance up to but not
after five (5) years from the date of the registration
of a plan of subdivision in the Land Registry Office for
Durham Region, Whitby, Ontario, substantially the same e
C./WITHIN ONE YEAR FOLLOWING ? r?l??f
as the said draft plan or WpnX&]XeX)0PV1A)5W%Z'!"KXE6t issu-
ance of seventy-five (758) percent of the single family
and semi-detached residential building permits for the said
plan of subdivision, whichever is the later and may
be accepted by a letter delivered to the Optionor or
mailed postage prepaid and registered, addressed to the
Optionor at 1867 Yonge Street, Toronto, Ontario, M4S 1Y5,
designating the Block with respect to which the option
is accepted.
3.
4.
5.
7.
- 1 -
The purchase price of the said lands shall be the
sum of Thirty-Two Thousand Dollars ($32,000.00) per
acre if this Option is accepted upon the date of regis-
tration of the said plan of subdivision and thereafter
increased at the rate of ten (108) percent accured on a
daily basis from the date of registration to the date of
acceptance hereof.
The Optionor agrees to have the said lands surveyed
by an Ontario Land Surveyor and to provide the Optionee
with a plan of survey and surveyor's certificate
indicating the exact acreage thereof not less than
thirty (30) days prior to closing.
Upon acceptance of this option for either block
there shall be paid to the Optionor as a deposit the
sum of ONE THOUSAND DOLLARS ($1,000.00) for each
block accepted, to be held by the Optionor pending
completion of the sale or other termination of the
agreement arising from the acceptance of the option,
and the balance of the purchase price shall be paid
in cash or by certified cheque on closing,..
All charges for the construction of the street and
municipal services and utilities adjacent to the
said Blocks shall be fully paid by the Optionor.
The sale for each block shall be completed sixty (60)
days after the date of acceptance of this option for
such block.
8.
The Optionee shall search the title at its own expense
and shall have thirty (30) days from the date of
acceptance of the option for each block to examine
it and shall then be deemed to have accepted the
title except as to any written objections made within
that time. If any objections be made within the time,
the Optionor shall have ten (10) days to remove it
but if it is unable to do so and the Optionee is not
3
willing to waive the objection, the Optionee may,
notwithstanding any intermediate correspondence, cancel
the contract and the sum paid for the Option shall be
returned to the Optionee and the Optionor shall not be
liable to the Optionee for any expenses incurred by the
Optionee.
9. The title to the property shall be good and free from
all encumbrances.
10. Time shall be of the essence of this agreement.
11. This agreement shall be' included and form part of the
subdivision agreement.
12. This agreement shall enure to the benefit of and be
binding upon the successors and assigns of the parties
hereto respectively.
13. Prior to the construction of the road upon which each
block abuts, the Optionor shall submit to the Optionee
the grade plans showing the proposed levels of Blocks
C and K1 and of the street and adjacent property abutting
them in order that the Optionee may approve same and
thereafter the Optionor shall not make any change in
such grade plans without the consent in writing of the
Optionee.
19. The Optionor hereby agrees that the Optionee may assign
the Option to the Town of Pickering upon the same terms
and conditions within the time limited herein, in the
event that the Optionee does not accept the Option.
15. This agreement is subject to the express condition
that it shall be effective to create an interest in
lands only if the provisions of Section 29 of the Planning
Act are complied with by registration of a plan of
subdivision.
16. All deeds delivered by the Optionor upon acceptance
4
of the option and completion of the transaction shall
contain the following covenant:
The Grantee hereby covenants with the Grantor that
it will not use the land hereby conveyed or sell or
convey such land for such other purpose or suffer or
permit the said land to be used for any purpose except
for school purposes, park or recreation purpose which
restriction shall be deemed to run with the land and
shall bind the Grantee, its successors and all future
assigns of the land or any part thereof during the period
of twenty (20) years next ensuing. In the event that the
Grantee during the said period desires to use the land
for any other purpose it shall offer the land to the
Grantor at the same price and upon the same terms as this
conveyance is made by notice in writing to the Grantor
which offer shall be open for a period of sixty (60)
days and if not accepted the Grantee shall be released
of the said restriction.
17. The Optionor covenants and agrees to construct a
chain link fence six (6) feet in height at the rear
lot line of residential lots abutting the said Blocks
C and K1.
WITNESS the corporate seal of the Optionor attested
to by the hands of its proper officers in that behalf.
BRAMALEA CONSOLIDATED
LIMITED
Per:
rest e
•? V. P
Ln
r,
s
I
y
7
2T
4
G
E+
E
a
A
77
A
wA
EW
aE
A H
oa
uz
W
aP4
O
a
G4 A
i
N
2
O O
WH
U
AW
? O
H
J
E
z
W
w
O
H
E
a
O
rroHH
CnHogg
7c o p
F- nxo
J ?• F" M
wNro
rt o
0 PV
O N
rt n
nog
r•aw
0 R.
roro
?• a
rt
xrt
m
Hr
P. O
? N
m
w-
H
0 0
n((D
y
N
?o
as
H
0
z
H
H
x
th
d
C
e?
c
n
H U1
H Q
0z?
0
ro
(
R.
i
H
x
trJ
A
0
ro
00
ro?H
H H
?z
H 'r1
z
L7 H
x
q
N
d
H
t?
d