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HomeMy WebLinkAboutBy-law 1027/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.1027 /79 Being a By-Law to authorize the execution of an Agreement amending a Development Agreement, both between the Corporation of the Town of Pickering and Bramalea Limited respecting Part Lots 29 and 30, Range 3, Broken Front Concession, Pickering (Plans 40R-4715, 40R-4830, Amberlea Industrial Park). WHEREAS, in furtherance of the Owner's proposal to develop certain lands in Lots 29 and 30, Range 3, Broken Front Concession, Pickering, the Corporation of the Town of Pickering and Bramalea Limited entered into a Develop- ment Agreement dated January 8th, 1979 registered in the Land Titles Office of the Registry Division of Durham on March 6th, 1979 as Instrument LT87080; and WHEREAS, it is now deemed expedient to amend the provisions of the said Agreement in certain respects; 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", amending the Develop- ment Agreement dated January 8th, 1979, both between the Corporation of the Town of Pickering and Bramalea Limited, respecting Part Lots 29 and 30, Range 3, Broken Front Concession, Pickering (Amberlea Industrial Park). BY-LAW read a first, second and third time and finally passed this 30th day of , 1979. Clerk THIS AGREEMENT made this 30,t day of LLLL? U BETWEEN: BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - CANADIAN IMPERIAL BANK OF COMMERCE and GRENSAW HOLDINGS LIMITED hereinafter collectively called the "Encumbrancers" OF THE THIRD PART. 1979. WHEREAS, in furtherance of the Owner's proposal to develop certain lands in Lots 29 and 30, Range 3, Broken Front Conces- sion, designated as (a) Parts 1-52, inclusive, on Plan 40R-4715, and (b) Parts 1-26, inclusive, on Plan 40R-4830, the Parties hereto entered into a Development Agreement dated January 8th, 1979 and registered in the Land Titles Office for the Registry Division of Durham on 1979 as Instru- ment No. (hereinafter referred to as the "Agreement"); and WHEREAS it is now deemed expedient to amend the provisions of the said Agreement in certain respects; and WHEREAS the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consider- ation of the Town approving the proposed zoning for the said lands and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: - z - LANDS AFFECTED The lands affected by this Agreement (hereinafter called "the lands affected hereby") are: ALL AND SINGULAR those certain parcels or tracts 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, - 3 - 2 PERFORMANCE & MAINTENANCE GUARANTEE (a) Section 12 of the Agreement dated January 8th, 1979 is hereby renumbered subsection (a) of section 12. (b) Section 12 of the said Agreement is hereby amended by adding thereto the following sub- sections: (b) Insofar as the amount of the security required to be provided pursuant to the provisions of subsection (a) is based upon the anticipated cost of construction of services as of January 8th, 1979, the Town Manager, may, in considering applications for the reduc- tion of such security, take into account the anticipated cost of construction of any services proposed after that date. (c) The terms "work", "workmanship" and "materials", as used in subsection (a), in no way relate to the construction of the railway bridge referred to in sec- tion 20 of this Agreement. 3. TRANSFERS - CONVEYANCES (a) Section 15 of the said Agreement is hereby re- numbered subsection (a) of section 15. (b) Section 15 of the said Agreement is hereby amended by adding thereto the following sub- section: (b) The Owner shall convey free and clear of all encumbrances, at no cost to the Grantee, on or before the 31st day of August, 1979, the lands indicated in Column I of the following Table to the respective authority named in -Column II of the Table: 4. Column I Plan 40R-4884 - Part 1 Plan 40R-4884 - Part 2 Column II The Corporation of the Town of Pickering The Corporation of the Town of Pickering TRANSFERS - EASEMENTS - SPECIFIC (a) Section 16 of the said Agreement is hereby re- numbered subsection (a) of section 16. (b) Section 16 of the said Agreement is hereby amended by adding thereto the following sub- section: (b) The Owner shall grant easements to the Town, for various purposes, at no cost to the Town, on or before the 31st day of August, 1979, upon the lands indi.ca- ted in Column I of the following Table to the respective authority named in Column 11 of the Table: - 4 - 4 5 TRANSFERS - EASEMENTS - SPECIFIC (Cont'd) Column I Plan 40R-4715 - Part 35 Column II The Corporation of the Town of Pickering Plan 40R-5177 = Parts 1-5, Inclusive RAILWAY BRIDGE The Corporation of the Town of Pickering (a) Section 20 of the said Agreement is hereby re- numbered subsection (a) of section 20. (b) Section 20 of the said Agreement is hereby amended by adding thereto the following sub- sections: (b) Before commencing any of the work pro- vided for herein, the Owner shall sup- ply the Town with a Maintenance Secur- ity in form satisfactory to the Town and in an amount equal to 10% of the total cost of construction of the bridge to guarantee the workmanship and materials for a period of two (2) years from the date that the said works are approved in writing by the Director of Public Works. Such Maintenance Secur- ity shall be in the form of an irrevo- cable bank letter of credit. When the obligation to maintain has expired, the security shall be returned to the Owner subject to any deductions for mainten- ance purposes. (c) The terms "work", "workmanship" and "materials", as used in subsection (b) relate only to the construction of the railway bridge referred to in subsec- tion (a). 6 ENCUMBRANCERS The Encumbrancers agree with the Town that this Agree- ment shall have priority over and take precedence over any rights or interests they may have in the lands affected hereby, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 7. INTERPRETATION (a) Whenever in this Agreement the word "Owner" and the pronoun "it" is used, it shall be read and construed as "Owner or owners" and "his", "her" - 5 - 7. INTERPRETATION (Cont'd) or "their", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (b) Time shall be of the essence of this Agreement. (c) This Agreement and everything herein contained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED and DELIVERED BRAMALEA LIMITED Per: Per: THE CORPORATION OF THE TOWN OF PICKERING or CANADIAN IMPERIAL BANK OF COMMERCE Per: Per: GRENSAW HOLDINGS LIMITED Per: Per: H o x r? o ? o L?% z 0 o ° ro g C X'op z 0> o0 H (D ??-x-M ? r off ° a no Nro z¢ ¢ xz 0o? ? + n ? r ear ?H nog r H m x N-ate H H O H y L O a w r r? r H H H e? d 0 q H Cr7 b