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HomeMy WebLinkAboutBy-law 1180/80CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1180/80 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Alpa Lumber Inc. respecting Part Lot 18, Range 3, Broken Front Concession (Parts 2 and 3, Plan 40R-3158) WHEREAS, the Corporation of the Town of Pickering (the "Town") and Reed Lumber Company Limited ("Reed") entered into an Agreement of Purchase and Sale dated August 16th, 1976 respecting the sale, upon certain terms and conditions, by the Town to Reed, of that part of Lot 18, Range 3, Broken Front Concession, designated as Parts 2 and 3, Plan 40R-3158; and WHEREAS, the Town and Reed amended the said Agreement by subsequent Agreement dated April 10th, 1978; and WHEREAS, Alpa Lumber Inc. is the successor to Reed in respect to the said Agreements; 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 Corporation of the Town of Pickering and Alpa Lumber Inc., amending the provisions of an Agreement dated August 16th, 1976 and a further Agreement dated April 10th, 1978, respecting that part of Lot 18, Range 3, Broken Front Concession designated as Parts 2 and 3 on Plan 40R-3158. BY-LAW read a first, second and third time and finally passed this 6th day of October , 1980. yor GI/ TOWN O PICKERIN APPF, AS TO It LEGAL DEPTH 1 SCHEDULE "A" to By-law 1180/80 THIS AGREEMENT made this day of , 1980. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - ALPA LUMBER INC. hereinafter referred to as "Alpa" OF THE SECOND PART. WTE_ REAS, the Town and Reed Lumber Company Ltd. (here- inafter referred to as "Reed") entered into an Agreement of Purchase and Sale (hereinafter referred to as the "Original Agreement"), dated August 16th, 1976 respecting the sale by the Town to Reed of that part of Lot 18, Range 3, Broken Front Concession, Town of Pickering, designated as Part 3 on Plan 40R-3158; and WHEREAS, the said Original Agreement provided, inter alia, that Reed erect on the land conveyed and certain optioned lands a building or buildings having a total gross floor area of 50,000 square feet to be completed on or before May 15th, 1978; and vi REAS, the Town and Reed entered into a subsequent Agreement (hereinafter referred to as the "First Amending Agreement"), dated April 10th, 1978, respecting, inter alia, the extension of the time limit for the erection of the said building or buildings upon certain terms and conditions; and WHEREAS, Alpa is the successor in title to Reed of the lands affected hereby, and has assumed, by Agreement dated February 26th, 1979, between the Town and Alpa, all of Reed's richts, 1`_a iL ties, and obligations under the Original Agree- ment as a.__-'e3 by the First Amending Agreement; and W -3°yS, it is now deemed expedient to extend furttler the tize limit for the erection of the said building or build- ings upon certain terms and conditions; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the benefits and covenants hereinafter expressed, and the sum of two dollars ($2.00) paid by each Party to the other, receipt of which is hereby by each acknowledged, the Parties hereto hereby covenant and agree as follows: - 2 - 1. The lands affected by this Agreement are more particularly described as follows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario, and being composed of those parts of Lot 18, Range 3, Broken Front Concession, designated as Parts 2 and 3 on a Plan of Survey of Record registered in the Registry Office for the Registry Division of Durham as Plan 40R-3158. 2. Section 8:01 of the Original Agreement, as amended by section 2 of the First Amending Agreement, is hereby amended to provide as follows: Alpa covenants that it will erect on Parts 2 and 3, Plan 40R-3158, a building or buildings having a total gross floor area of 50,000 square feet to be completed on or before May 15th, 1984. 3. All other provisions of the original Agreement, as amended by the First Amending Agreement, shall remain the same and time is to continue to be of the essence thereof. _ 4. (1) In partial consideration for the Town enter- ing into this Agreement, Alpa agrees to pay to the Town the following amounts on the dates indicated: (i) $26,050.00 on or before May 15th, 1981; (ii) a further $28,650.00, on or before May 15th, 1982; and (iii) a further $31,550.00, on or before May 15th, 1983. (2) If Alpa completes the erection of the said building or buildings on or before the due date of any of the payments required to be made pursuant to subsection 1, then in that event the payment due on that date, if any, and all payments due on subsequent dates shall not be payable. (3) Nothing in this section shall relieve the Purchaser of its obligation to erect the building or buildings required to be erected by section 8:01 of the original Agreement, as amended hereby. 5. Time shall be of the essence hereof. 6. The provisions of this Agreement shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. - 3 - IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor C ALPA LUMBER INC. Per: Per: r ro H H HH- JO C 7lv 0£`7 Hm nnx0 J N- F'- M L-QAro N N• O O w 7 ::I (D rt n w 7J r. S O 7 r- w o o a ro rt r rt r 00 z N w (D w ttl ro N• x (D n N• w c? [9 z H r ro r a h7 z H 'G n W a H x e? C) O Oro Flo ro? H H (xx? H t7 Z H O zro H x w j O N 0 q H r? 0