HomeMy WebLinkAboutBy-law 808/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 808/78
Being a By-Law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and Reed Lumber
Company Limited respecting Part Lot 18,
Range 3, Broken Front Concession (Parts
2 and 3, Plan 40R-3158)
WHEREAS the Corporation of the Town of Pickering and Reed Lumber
Company Limited entered into an Agreement of Purchase and Sale
dated August 16, 1976 respecting the sale, upon certain terms
and conditions, by the Corporation of the Town of Pickering to
Reed Lumber Company Limited, of that Part of Lot 18, Range 3,
Broken Front Concession, designated as Part 3, Plan 40R-3158;
AND WHEREAS the Corporation of the Town of Pickering and Reed
Lumber Company Limited entered into an Agreement dated July 13,
1976, respecting the granting by the Corporation of the Town
of Pickering to Reed Lumber Company Limited, upon certain
further terms and conditions;
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 Reed Lumber Company Limited, amending the pro-
visions of an Agreement dated August 16, 1976 and a
further Agreement dated July 13, 1976, 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 First day of May , 1978.
Clerk
SCHEDULE "A" to By-Law Number 808/78
THIS AGREEMENT made in duplicate this day of
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Vendor",
OF THE FIRST PART,
-. and -
REED LUMBER COMPANY LTD.,
hereinafter referred to as the "Purchaser",
OF THE SECOND PART.
WHEREAS the Vendor and the Purchaser entered into an
Agreer.,ent of Purchase and Sale, dated August 16, 1976 (a
copy of which is attached hereto as Schedule 1) respecting
the sale by the Vendor to the Purchaser 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 Agreement provided, inter alia,
that:
(a) the Vendor grant to the purchaser the
sole and exclusive option to purchase
that part of the said Lot designated
as Part 2 on Plan 40R-3158, in accord-
ance with the terms and conditions of
an Option Agreement, dated July 13,
1976, between the Parties hereto (a
copy of which forms part of Schedule
1 hereto); and further, that
(b) the Purchaser erect on the lands con-
veyed and the optioned lands a build-
ing or buildings having a total gross
floor area of 50,000 square feet to
be completed on or before May 15,
1978;
AND WHEREAS it is now deemed expedient to:
(a) amend the terms and conditions of the
said Option Agreement; and
(b) extend the time limit for the erection
of the said building or buildings;
upon certain terms and conditions;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consid-
eration 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 particu-
larly 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 Agreement of Purchase and Sale,
dated August 16, 1976, between the Parties hereto is
hereby amended to provide as follows:
The Purchaser covenants that it will erect on
the real property and the optioned lands a
building or buildings having a total gross
floor area of 50,000 square feet to be com-
pleted on or before May 15, 1981.
3. All other provisions of the said Agreement of Purchase
and Sale shall remain the same and time is to continue
to be of the essence thereof.
4. Section 3 of the Option Agreement, dated July 13, 1976,
between the Parties hereto, which option Agreement is
attached to the aforesaid Agreement of Purchase and
Sale as Schedule "B" thereto, is hereby amended to
provide as follows:
The option hereby granted shall be open for
acceptance by the Purchaser up to but not
after September 30, 1980 and may be accepted
by a letter delivered personally or by pre-
paid ordinary mail addressed to the Vendor
at the following address:
Municipal Building,
Pickering, Ontario.
j,
5. All other provisions of the said Option Agreement shall
remain the same and time is to continue to be of the
essence thereof.
6. (a) In order to compensate the Vendor for realty
and business taxes which it may otherwise
have earned, had the aforementioned building
or buildings been erected within the time
limited by the Agreement of Purchase and
Sale dated August 16, 1976, the Purchaser
agrees to pay to the Vendor the following
amounts on the dates indicated:
(i) $19,600.00 on or before May 15, 1978;
(ii) a further $21,550.00, on or before
May 15, 1979; and
(iii) a further $23,700.00, on or before
May 15, 1980.
- 3 -
(b) If the Purchaser completes the erection of
the building or buildings required to be
erected by section 8:01 of the said Agree-
ment of Purchase and Sale, as amended here-
by, and in addition, exercises its option
to purchase granted by the said option
Agreement, as amended hereby, on or before
May 15, 1979, then the payments otherwise
required to be made on May 15, 1979 and on
May 15, 1980 shall not be payable.
(c) If the Purchaser completes the erection of
the building or buildings required to be
erected by section 8:01 of the said Agree-
ment of Purchase and Sale, as amended here-
by, and in addition, exercises its option
to purchase granted by the said option
Agreement, as amended hereby, on or before
May 15, 1980 but after May 15, 1979, then
the payment otherwise required to be made
on may 15, 1980 shall not be payable.
(d) Subject to the provisions of subsections
(b) and (c) hereof, if any payment re-
quired to be made under the provisions of
subsection (a) hereof is not made on or
before the due date for payment, then in
that event the Purchaser shall be deemed
to have breached the provisions of section
8:01 of the said Agreement of Purchase and
Sale and the option granted by the said
Option Agreement shall be deemed to have
expired, notwithstanding the provisions
of sections 2 and 4 hereof.
(e) 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 said Agree-
ment of Purchase and Sale, as amended
hereby.
7. Time shall be of the essence hereof.
8. The provisions of this Agreement shall enure to the
benefit of and be binding upon the Parties, hereto,
their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto
affixed their respective corporate seals.
SIGNED, SEALED & DELIVERED
THE TOWN OF PICKERING
C
REED LUMBER COMPANY LTD.
1:00 OE'FhITO PURCHASE
1:01 REED LUMBER COMPANY LTD., (hereinafter referred to
as the "Purchaser") hereby offers to purchase from THE
CORPORATION OF T11E TOWN OF PICKERING (hereinafter referred
?I
to as the "Vendor") through S.SORBARA REAL ESTATE INC.,
(hereinafter referred to as the "Agent") the lands in the
Town of Pickering, being that Part of Lot 13, Range 3,
Broken Concession shown outlined in red on the sketch
attached hereto as Schedule 'A' (hereinafter referred to
as the"real property").
2:00 DEVINI'TIONS
2:01 The Corporation of the Town of Pickering is
II
hereinafter referred to as the "Municipality".
3:00 PRICE;
3:01 Within thirty days after the acceptance hereof
the Vendor shall deliver to the Purchaser an up-to-date
it
survey prepared by an Ontario Land Surveyor showing the
q
dimensions and the respective areas of the real property
and the lands outlined in green on Schedule W. The
lands outlined in green on Schedule 'A' are hereinafter
referred to as the "Optioned Lands".
3:02 The purchase price for the real property shall
be computed at the rate of $47,000.00 per acre and shall
be payable as follows:-
(a) $10,000.00 herewith as a deposit by
cheque payable to the Agent to be held by
such Agent pending completion or other
termination of this agreement and to be
credited on account of the purchase price
on closing;
(h) The balance of the purchase price by
certified cheque on closing subject to
adjustments.
4:00 CONDITIONS
?I
4:01 Subject to the Purchaser's right of waiver, the
within agreement is conditional upon satisfaction of the
following:-
(a) That the area of the real property is
approximately 10 acres and the total area
of the real property and the optioned lands
does not exceed 15 acres;
(b) 'T'hat on closing the real property and
optioned lands are zoned to permit their
use as a lumber yard and for the sale of
building materials and components and that
1( such zoning will permit outside storage;
J"
(c) 'T'hat within 6 months after notice from
the Purchaser, the Vendor_ will complete the
construction and installation of the following
services and facilities:-
(i) A paved road with curbs dedicated as
a pu1slic highway running from Brock Road
to the real property as shown outlined in
yellow on Schedule 'A' hereto;
(.ii) sanitary sewers, storm sewers and
water available at the property line
adjacent to the proposed road mentioned
in the preceding subclause, it being
understood that the Purchaser shall bear
the cost of the Municipality's connection
charges for such services;
(d) That the purchase price includes all
levies, imposts and local improvement charges;
(e) That building permits will be available
within 60 days after service of the notice
mentioned in Clause 9:01 (c) hereof upon payment
only of connection charges mentioned above and
the usual building permit fee;
i?
(f) That at any time after_ acceptance hereof
the Purchaser and persons authorized by it
shall have the right to enter on the real property
for the purposes of surveying and/or conducting
soil tests at its own expense. 7n the event that
the soil tests with respect to the whole or any
portion of the real property do not prove satis-
factory to it, then the Purchaser may at any time
prior to closing declare this agreement null and
void. If the Purchaser declares the agreement
null and void then all- monies theretofore paid
shall be returned to the Purchaser without
interest or deduction;
Any one or more of the foregoing conditions may
be waived in whole or in part in writing unilaterally by
the Purchaser at any time, but in the event that any one
or more of the foregoing conditions is unfulfilled in whole
or in part on or before closing, the Purchaser shall have
the right at its option to declare this agreement null
and void and the deposit shall thereupon forthwith be
returned to the Purchaser without interest or deduction.
5:00 CLOSING
5:01 The within transaction shall be completed on the
15th day of September, 1976.
1,
6:00 UPTION
6:01 In consideration of the sum of ONE DOLLAR ($1.00)
paid by the Purchaser to the Vendor (the receipt of which
is hereby acknowledged) the Vendor hereby grants to the
Purchaser the sole and exclusive option to purchase the
optioned lands in accordance with the terns and conditions
of the option agreement- attached hereto as Schedule 'G'.
7:00 TITLE
7:01 Provided that the title is good and free from all
I
?I
P
I
encumbrances, easements and restrictive covenants except as
herein provided. The title is to be examined by the Purchaser
at the Purchaser's expense and the Purchaser is not to call
for the production of any title deeds or abstracts of title,
proof or evidence of title or to have furnished any copies
thereof other than those in the Vendor's possession or under
its control.
The purchaser shall be allowed until closing to
investigate the title and if within that time the Purchaser
shall furnish the Vendors in writing with any valid objection
to the title which the Vendors shali be unable or unwilling
to remove and which the Purchaserwill not waive, this
agreement shall be null void and the deposit monies and
any further payments on account of the purchase price shall
be returned without deduction and without interest and the
Vendor shall not be liable for any costs or damages. Save
as to any valid objection so made within such time, the
Purchaser shall be conclusively deemed to have accepted
the title of the Vendor.
7:02 The Vendor covenants to register discharges and
releases of any and all encumbrances, easements and
restrictive covenants registered against the real property
except as herein provided.
1?
8:00 CONSTRUCTION
8:01 The Purchaser covenants that it will erect on the
real property and the optioned lands a building or buildings
having a total gross floor area of 50,000 square feet to be
completed within 18 months from the closing of this trans-
action.
in)Lil i-11It itIiiurit oJ: th(I 'cc) vennnt con taIncd
in Clause 8:01
8:02 The Purchaser agrees that/it will not re-sell the real
property or any part thereof without the Vendor's consent.
If the Vendor's consent is not granted within 30 days after
it has received a request therefor the Vendor shall
re-purchase the lands in question from the Purchaser at the
Purchaser's cost without interest. The re-purchase by the
Vendor shall be completed 60 days after receipt by the
Vendor of a request for consent to a proposed sale and on
closing the Purchaser shall convey title free and clear of
encumbrances created while Recd LunS er Con.uany Ltd., is
the owner.
9:00 RESTRICTIVL COVENANTS
9:01 The Purchaser covenants that the real property shall
be subject to the covenantscontained in Schodule'C' hereto
for a period of 20 years from closing.
10:00 TENDER
10:01 Any tender of docments or money herein may be made
upon or paid to the Vendor or the Purchaser, or their
respective solicitors, and any monies paid or tendered shall
be by cheque certified by a chartered bank or trust company.
11:00 TIME
11:01 Time shall be of the essence hereof.
12:00 NOTICE
12:01 Any notice required or contemplated by any provision
of this agreement which either party may desire to give to the
other shall be sufficiently given to the Purchaser or its
solicitor by personal delivery or by postage prepaid, ordinary
ii jz
?i
12:01 (Continued)
mail addressed to the Purchaser c/o Minden, Gross, Grafstein
& Greenstein, 111 Richmond Street West, Suite 607, Toronto,
Ontario, MSH 2II5, and any notice to be given to the Vendor
shall he sufficiently given by personal delivery or by
postage prepaid, ordinary mail addressed to the Vendor at
The Corporation of the 'T'own of Pickering, 1710 Kingston
Road, Pickering, Ontario, L1V 1C7, and all such notices
shall be effective as of the date of such personal delivery
or as of the date being one day (excluding Saturdays, Sundays
and holidays) following such posting as the case may be.
13:00 ADJUSTMI,NTS
13:01 Realty taxes shall be adjusted and apportioned as
of the closing date.
14:00 PION-MLRGL:R AND SUCCESSION
14:01 The provisions of this agreement shall remain
binding and effective notwithstanding closing of the within
transaction and/or delivery of a conveyance or conveyances
and shall enure to the benefit of the parties hereto, their
successors and assigns.
? 15:00 ACCEPTANCE
; Purchaser
15:01 This offer shall be irrevocable by the gea cxi /
17th
until the 3911 day of August, 1976, after which time if not
accepted the offer, shall be null and void.
DATED at Pickering, this An day of August 1976.
II III
i
THE CORPORATION OF TEE TOWN OF PICKERING
I
yor ---
I?c7ininistrntor-Clerk
REED LUMBER COMPANY lAgL , hereby accepts
the above offer and agrees to fulfill and be bound by the
terms and conditions thereof.
DATED at Toronto, this 13th day of August 1916.
REED LUMBER COMPANY LTD,
--
i? Par:
01"PION
DIliNOLAN'l)UN OF ACRhK?i1LNT made this 13Lh day of July,
1976.
13 E T W L E N :
lIE: CORPOPAITUN OF WE TOVKj OF DICKERING;
-hereinafter referred Lo as thc- "Vendor"
OF THE FIRST PART:
- and -
REED LUMPUR COMPANY LIU.,
-horoinafCar referred to as Lhe "Purchaser''
OF TilL SECONI) PAPT:
1. In consideration of the sum of WN DOLLARS ($10.00)
paid by the Purchaser to the Vendor (the receipt of which is hereby
acknowledyed) the Vendor hereby yranLS to tLe Purchaser the sole
and exclusive option irrevocable within the Lime for acceptance
herein limited, to purchase Lhe lands in Lhc Town of Picherir:q
consistiny of that; ;:art of LoL 13, Rangc 3, Broken Front Concession
shown outlined in green on the sketch nLtached ncreLo and marked
Schedule 'h' (hereinafter referred to as Lhe "optioned lends").
2. (a) Within 30 days after the Pn ch.inpr's acceptance of the
within option Lhc Vendor shall dc)_ivcr Lo Lhe Purchaser "n urn-to-date
survey prepared by an Ontario Land Surveyor :<WWWq the dwcn:.ions and
area of the optioned lands;
(b) The purchase price for the optioned lands Shall be
computed at; the rate of $41,000.00 per acre and shall be payable as
follows :-
(i) $10,000.00 by cheque to We Vendor upon
a(:crl,t alit" of the opt i.on as r1 dcp')r;i t t-o be
held by Lhr Vendor t end i n't romp l e t i.on or
other LrrminaLion of the agicemont arinln'
out of Lhe acceptance of We opn on hereby
grant-rd;
(ii) The r.,nn of $10.00 paid to th.c Vendor as
consi?;eraCicn? for the qr nLin<; of Lhis
upt_i_on as 4"11 as thin s,un tail upon the
acceptance of this option shall he
J\/
V
Credi1.d to the PaI,_,I a sC t- aIn,1 al LC) I
*s pnI t_ of Lhe pu1-ch.icc III, ?ne",;
(iii) The balance of the i:urChasO PrWO shall
be payaW e by certified chcyue on closing
subject to adjustments.
3. The op LLon hereby yranLed sha11 he open for acceptance
by the Purchaser up to but not after the 15Lh day of Septewher, 1977,
and may be accepted by a letter personally cicliverud or by postage
prepaid ordinary aail addressed Co the Vendor. aC 1710 Kingston Road,
Pickeriny, Ontario, WV LC7.
4. The agreement arising out of the acceptance of this
option shall be conditional upon fulfill;u" L of the following subject
to the Purchaser's unilateral right of waiver:
(a) ThatL on closing Lhc opl-toncd lanW;
arc zoned Lo pnj mi t_ t_he i r uqo as a lumber
yard and for thn sale of building
materials and cowponpnts and that such
zoning wf.ll permit outside storage.
(b) ThaL on closing all services and
,acilivian as required by Lho Municipality
and ah7 WWI- yo- ornmentat apt h"ri ty will
be available to service the binds.
(c) Thai building porm.ith will he avail-
able within six months aAo r closing upon
lwywenL only of the Municipality's: usual
connac(i_on charges Lo services and the
usual building hermit fee.
(d) That Hie purchosr l);iscludrr all.
levies, imposts and local improvement- charges.
(c) That at any time after acceptance hereof
the Purchaser and persons authorized by it
shall have the right to enter on tho
opt-i.oned hinds for We purposes of surveying
and/or conductinq soil tots aL ifs own
ex1)uI s?_ . In the event that thn soil Lest.
with respect to the whole or any portion
of the optioned lands do noL Drove satis-
factory to i1:, New the Purchaser may at
any time pricer to closing declare titi
agreai,iCI t nul l and void. l1_ the Purchaser
dacl,IIes LhC adICerlout - I'll l_l and void then
all W(nua s 1heretalorr paid slit II he ro',alred
to We Purchaser wiLhouL inLurest- or deductt.on.
Any one or more of Lhu foreyoinq conditions may
be waived in whole or in ,hart in writing unilat-eral.ly by Lhe
Purchaser at any Lime,
but in Lhe event that any one or wore of
the foregoing u("Id it i qua: is un fu I f i l led in MUM, or ill Part on or
before closing, Ihn Porrhasor shpl_l havc the ri_OL at it s opti on
to declare t his, aq! ( -!'' :1; nul.l. on: vnid _Ill the t n;hs 11
thereupon forthwith he returned to Lilt Pur(h:ts,,i withonl. i_ntt,r est
or deduction.
5. '.hr w ithin transaction shall be completed sixty days
after acceptance of the option hereby _trant_od.
6. Provided
encumbrances, easement-s
provided. The t.iOu is
Purchaser's expense and
production oIT any title
evidence of title or to
those in the Vendor's p
that Lhc title is good and free from all
and restricLi.ve covenants except as herein
to he examined by We Purchaser at the
Lho Purchaser is not- Co call for the
deeds or abstracts of Mle, proof or
have furnished any copies thereof other than
)ssession or under its conCrol.
The i'urcilaser shall be allowod unt I. closing to
investigate the title and if within Lhat time the Purchaser shall
furnish the Vendor in writing with any valid objection to the title
which the Vendor rhall be unable or unwilling to remove and which
the Purchaser will noL waive, this agreement- sha11 he null and void
and the dehonit moneys and any further payments on account- of the
purchase price shall he returned without deduction and without
interest and the Vendor shall not he liable for any costs or damages.
Save as to any valid objection so made ,.iLhin such Lime, the Purchaser
shall be concLusively deemed to have accepted tip' title o'. the Vendor.
The Vendor covenants to register discharges and
releases of any and all encumbrances, easements and restrictive
covenants royisterpd against the optioned lamas cr:cept as herein
provided.
7. The Purchaser covenants that the Ol)LiOaed lands shall
be subject to the covenants contained in Schoduie 'C' hereto for a
period of 20 years Isom closing,
8. This agin,cmont is subject to cempiiance with section
29 of The Plaulinq Act_. The Vendor will take all ssLeps to obtain
the consent of Lhe Committee of Adjustment to this agreement and the
conveyance to he deli_vared P" sung horcto, if such consent: is
required.
i
at any time aI for Lhe d.lec here() I and prJo1. 1
September 15, 19£;1 I_hc Vendor veccivan a bona Cide oLfor to
purchase or lease the optioned lands which the Vendor is willing
to accept ("tile third party offer"), then the Vendor shall forthwith
deliver to the Purchaser a copy of the third party offer and the
Purchaser shall hove the right to Purchase or ].case, as the case
may be, the OpLioncd lands from the Vendor on the terms and
conditions containrci in tic third party o:lcr by delivering to
the Vendor its w-Elton olfor ("the maLuM nq offer") together with
the appropriate deposit (if a deposit is payable) Within seven
days after the Purchaser's receipt- of a copy of the third party
offer. If the Purchaser delivers the maLchinq offbi: as aforesaid,
then the Vendor shalt sell Cho optioned loners to the Purchaser
pursuant to the matching offer and shall reject the third party
offer. If the Purchaser fails to deliver Lilo :notching offer
within the time Ihiatted, then the Vendor shall accept the third
party offer and provided the sole is completed to Cho third
Party the Purchaser's rights agaiinso the Vendor and Ue
optioned lands shall cease; if the sale to the third party is
not Completed then the Purchaser's right of first refusal hereunder
shall continue until extinguished unuer the terms hereof.
11. Any tundur of documents or money herein may bu :nacre
upon or paid to the Vendor or the Purchaser, or their respective
solicitors, and any moneys paid or tenderer] shall be by cheque
certified by a chartered bank or trust company.
12. Any notice required or contcmpLaLod by any provision
of this agreement which either party may desire to give to the
other shall he sufficiently given to the Purchaser or its solicitor
by personal delivery or by postage prepaid, ordinary nail addressed
to the Purchaser c/o Minden, cross, Graintoin N Greenstein,
111 Richmond Street Nest, Suite 607, Toronto, Or.tari-o, MH 2115,
and any noi_ice to hV Alivon to the Vendor 55aLL he suCf cienl. y
given by prrsoirot delivery or by postayc prupaLd, ordinary mail
addressed :o the Vendor at 1710 ..'nilston pond, Picker.-inq, Ontario,
LIV 1C7, and X li such notices sk:. I he OKOWLt:c o: nhe 6nte
of such personal dnlivury or as of tho KaLC bcinq ona day
(exciuding Saturdays, Sundays a"A holidays) Collowinu such hosting
as the case may be.
13. RC ILty Luxes shall he adjusted an?i apporti.cnned as of
the closing date.
14. The provisions of this ay rcomanL shall rem.in binding
and effective noWitlistanding closmy ol. the within transaction
and/or delivery of a conveyance or convcyanccs and shall enure to
the benefit of the parties hereLo, their successors and assigns.
15. On cIusi.ny Lhc vendor shall deIi.ver Lo the Purc'naser
a iien clearance cartiLicate pursuant- Lo Tho Lang: SpecuLaLion 'l'ax
Act with respect to the optioned lands Lor Lhe purposu< of Chis
transaction.
DATED aL Toronto, this day oL Auqust, 1976.
TIIL; C??RI'ULt?I `C LUN UI. '1'11c; TUNN CF
PIMER I NG,
r ?
. j
Per:
C/S
I
'lam
?I
?I
SCIIEDU__1 'C'
RIiSTIt1CTIV1.; COVJ NANTS
1. The real property shall be uscd only for the
purposes permitted under the restricted area by-law in
effect from time to time.
2, too building permit will be applied for nor will any
building(s) be erected on the real property until a site plan
displaying the following information has been approved by
the Town:
(a) Location of proposed building(s);
(b) Ileight of proposed building(s);
(c) Elevations of the proposed building and types
and colour of exterior material of the front
and other walls, including one potential
expansion wall;
(d) Location of entrances and exits to abutting roads;
(e) urea and location of land to be used for offstreet
parking;
(f) Use of all lands not covered or to be covered by
bui.ldi.ng(s), including areas to be seeded or
sodded;
(g) TI)e gradin(.I of the real property and adjacent
Town Boulevard and provision for storm and
sanitary drainage and water services;
(h) Location of all hydro electric power and gas
mains;
(i) Design and location of any company and/or product
identification sign or signs.
(j) Locations of proposed entrances and exits to
buildings;
(k) Proposed landscaping features;
(1) Locations and types of all exterior lighting fixtures
and standards;
(m) Locations and types of all proposed fencing
Upon approval of the said site plan by the Town, the
proposed building(s) and other works shown on the said plan
will be erected in conformance with the said site plan; the
exterior of any building to be erected shall be completed
within 12 months from the date of the approval of the site
plan or it shall be deemed to be null and void. No building
waste or otho r_mater.ial of any kind shall be dumped or stored
on the real property except clean earth; and the real property
shall be kept in a neat and tidy condition during the course
of construction to such reasonable standards as the Town
iJ may request.
r.
9. The seeding or sodding in accordance with the said
site plan shall be completed within six months of the
completion of the building(s) shown on the said site plan.
5. No hydro sub-stations or transformers will be erected
in the front, yard, or in the sideyal:d, between the flank wall
of a building erected on a corner_ lot and the streetline on
which such corner lot has flankage.
6. Paved areas shall not constitute more than 503 of
the front yard (that part of the yard lying between the
front wall of a building and the travelled portion of the
street including 25 foot side yards), or in the sideyard
between the flank wall of a building erected on a corner
lot and the edge of the travelled portion of the street on
which such corner lot has flankage.
7. No building(s) will be erected or maintained having
exposed ductwork, air conditioning units, cooling towers,
tanks or similar installations unless the same have first
been approved in writing by the Town.
8. Any proposed expansion wall shall be kept painted
in a colour closely resembling the other walls; structural
steel and reinforced concrete framing shall be suitably
finished for appearance and protection and all driveways,
parking and loading areas shall be paved encopt in rear
yards.
9. Garbage shall be kept and disposed of in a sanitary
manner and none shall be placed in or allowed to enter any
stream flowing through the real property.
10. Any building which shall have been, in whole or in
part, destroyed by fire, lightning or tempest, shall either
be rebuilt forthwith or all debris removed and the lot
restored forthwith to a sightly condition in keeping with
neighbouring properties.
i. ?
i'
- 3
11. The land between the Owner's property line and the
travelled portion of the road allowance shall be landscaped
and maintained to the satisfaction of the Town.
12. The Purchaser shall obtain a covenant from any
subsequent Purchaser agreeing to abide by the foregoing
restrictions for a period of 20 years from the date of
closing of the within transaction.
13. The Vendor agrees that any approvals or consents
to be given by it under these restrictions shall not be un-
reasonably withheld or delayed.
t ror ?3
rr 0
Cnr£
xo?
rm
nn xo
?J r- r- ro
pro
rn P.
(t 0
O O X
?l ?:s (D
a 0 ?•
H O Q
~ C
o a
M
M
z
H
N
M
d
r
c
3
tv
M
n
0
b
?Z
?C
r
H
d
N
7
a
I
H
x
M
n
O
00
roH
H H
nO
xz
t]
O
z
L7 H
x
M
H
_
0
d
H
M
d