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HomeMy WebLinkAboutBy-law 865/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 865/78 Being a By-law to authorize the execution of an Offer to Purchase/Agreement of Pur- chase and Sale between the Corporation of the Town of Pickering and the Hurlstone Development Corporation with respect to that part of Lot 18, Range 3, Broken Front Concession designated as Part 2 on Plan 40R-3303 (McPherson Court). WHEREAS the Corporation of the Town of Pickering is the owner in fee simple of that part of Lot 18, Range 3, Broken Front Concession, designated as Part 2 on Plan 40R-3303 (McPherson Court); AND WHEREAS the Hurlstone Development Corporation has submitted an Offer to Purchase/Agreement of Purchase and Sale, dated August 2, 1978, wherein that Corporation offers to purchase those lands subject to certain terms and conditions; AND WHEREAS it is deemed expedient to accept that Offer to Purchase and to enter into that Agreement of Purchase and Sale; 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 Offer to Purchase/Agreement of Purchase and Sale, in the form attached here- to as Schedule "A", between the Corporation of the Town of Pickering and the Hurlstone Development Corporation respecting the pur- chase by the Hurlstone Development Corporation of lands owned by the Town and being part of Lot 18, Range 3, Broken Front Concession, designated as Part 2 on Plan 40R-3303 (McPherson Court). 2. The Mayor and Clerk are hereby further authorized to execute a Deed, in the form attached hereto as Schedule "B", between the Corporation of the Town of Pickering and the Hurlstone Development Corporation to effect the conveyance of the said lands pursuant to the Agreement of Purchase and Sale referred to in section 1 hereof. 3. The Town Solicitor is hereby authorized to make his affidavit in the matter of sub- section 3 of section 5 of The Land Speculation Tax Act, 1974 respecting the disposition of the lands referred to in section 1 hereof. BY-LAW read a first, second and third time and finally passed this 8th day of TOWN OP PICKETING APPROVED AS TO F0,11,1 4111 LEGAL i . August , 1978. SCHEDULE "A" TO BY-LAW NUMBER 865/78 OFFER TO PURCHASE The undersigned, THE IIURLST014E DEVELOPMENT CORPORATION,(the "Purchaser"), having inspected the real property agrees to and with The Corporation of the Town of Pickering (the "Vendor") through no agent to purchase and the Vendor agrees to and with the Purchaser to sell, all and singular the lands situate in the Town of Pickering being part of Lot 18, Range 3, Broken Front concession, designated as Part 2 on Plan 40R-3303, all more par- ticularly outlined in red on the sketch or survey dated September 29, 1976 prepared by B.K. Edwards, O.L.S., attached hereto as Schedule "A" (the "lands") consisting of 3.039 acres upon the `-ollowing terms and conditions: 1.. The purchase price for the lands shall be the sum of ()NE HUNDRED AND EIGHTY-TWO THOUSAND THREE HUNDRED AND FORTY ]COLLARS ($182,340.00) (Canadian) payable as follows: (a) The sum of TEN THOUSAND DOLLARS ($10,000.00) by certified cheque..to the Vendor as a deposit to be held in trust by the Vendor until closing of the sale or other termination of this Agreement, and to be credited on account of the purchase price on closing, or returned to the Purchaser if this transaction is not completed; (b) The further sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) by certified cheque to the Vendor i on the date of closing, subject to adjustment of j realty taxes; and (c) For the balance of the purchase price, the Purchaser agrees to give back and the Vendor agrees to take back a First Mortgage bearing interest at the rate of Ten per cent (10%) per annum, to run for a period of one (1) year, and to be payable interest only quarterly calculated not in advance, subject to the approval of the Purchaser by the Vendor, for mort- gage purposes. 2. The date for closing referred to above shall be on or before October 30, 1978 and the Purchaser shall have the option to advance the closing date upon providing the Vendor with ten (10) days prior written notice. 3. The purchase price for the lands is calculated on the basis of SIXTY THOUSAND DOLLARS ($60,000.00) per acre and 3.039 - 2 - i I I' ,icres, being the acreage of the lands according to the Schedule { set out on Plan 90R-3303. 9. The Vendor represents and warrants as follows: (a) that the lands are zoned M-2, which shall permit the Purchaser to construct the industrial building re- quired to be constructed by the provisions of Section 6(a) hereof; (b) that the lands have been fully serviced of the lands with watermains, storm and and paved roads, and that such services and that the Purchaser shall be able to services, and that such services are pa under local improvement; to the boundary sanitary sewers, are functioning connect to such id for and not (c) that a building permit is available and shall be available at closing upon application by the Purchaser to the Vendor and upon payment of normal application fees and upon compliance with all relevant building and zoning laws. 5. The Purchaser or his agent shall have the right to enter upon the lands to conduct soil tests. The Purchaser shall provide the Vendor with a copy of any such soil test and in the event that in the sole opinion of the Purchaser, such soil tests prove that inadequate soil conditions exist for the construction of the proposed building by the Purchaser, the Purchaser shall notify the Vendor prior to October 1, 1978 whereupon this Agreement shall be null and void and the deposit moneys shall be returned to the Purchaser without deduction. 6. The following covenants on the part of the Vendor and the Purchaser shall not merge upon the delivery of a deed by the Vendor to the Purchaser, or the registration thereof, but shall survive the closing of this transaction. (a) The Purchaser containing no square feet i provisions of year from the conditions: shall commence to construct a building less than forty-five thousand (95,000) 1 compliance with the M-2 zoning by-law the'Town of Pickering within one (1) date of closing, subject to the following (i) twenty-three thousand (23,000) square feet of the building shall be used for office and/or manu- facturing uses; and (ii) no shipping or receiving shall be permiteed on the Brock Road side of the building. 3 (b) If all or any part of the lands is to be sold within 1 fifteen (15) years of the date of closing and the land I' to be sold has no building built in compliance with the M-2 zoning by-law provisions built upon it, then in that event, the Vendor shall have the first right to repur- chase such real property to be sold, at the price of SIXTY THOUSPND DOLLARS ($60,000.00) per acre plus interes thereon at eight (8%) per cent to the time of resale, Ij and including taxes and improvements, free of all encumbrances and subject to the usual adjustments, such right to repurchase to be exercised within fourteen (14) days of receipt of notice from the Purchaser that the property is to be sold, and such repurchase to be completed within sixty (60) days of receipt of such notice if the said right of repurchase is exercised. The Purchaser shall send to the Vendor at its Municipal offices, by prepaid registered mail, a notice in writing forthwith upon offering such part of its lands for sale. If the Vendor does not exercise the right of repurchase, no further notice of the Purchaser's desire to sell shall be required, nor shall there be any further right to repurchase. .i 7. This Agreement shall be subject to the Vendor complying with section 29 of The Planning Act of Ontario and any amendments thereof. In the event that a consent is required by the Committee of Adjustment or any relevant Land Division committee, then the Vendor shall, at its expense, apply for such consent and diligently pursue same. If such consent is not obtained by the Vendor on or before closing, then this Agreement shall, at the option of the Purchaser, be extended until the date that such consent can be obtained or alternatively the Purchaser shall be able to terminate the Agreement and the sum paid as a deposit shall be returned to the Purchaser forthwith without deduction. {I 8. Provided the title is good and free from all encumbrances except as aforesaid and minor easements for hydro, gas, telephone or like services to the lands, said title to be examined by the Purchaser at his own expense, and the Purchaser is not to call for the production of any title deed, abstract of title, proof or evidence of title, survey, other than those in the Vendor': possession or under its control or as herein provided; and provided the same have been complied with, the Purchaser is to accept the property subject to Municipal requirements, including building and zoning by-laws, except as herein provided, minor easements as above-mentioned, and to restrictions and covenants that run with the land, provided same have been complied with and provided they - 4 - clo not prevent the Purchaser from constructing a building as specified herein. 9. The Purchaser to be allowed until closing to investigate the title at his own expense, and if within that time it shall furnish the Vendor in writing with any valid objection to the title, or non-compliance with zoning by-law, or that the use of the property as set out herein which the Purchaser intends will not be lawful, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive,-this hgreement shall, notwithstanding any intermediate acts or negotiations,be null and void and the deposit money returned to the Purchaser without interest or deduction and the Vendor shall i li not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be ?j conclusively deemed to have accepted the title of the Vendor to the lands. 10. Any notice herein provided for or permitted or required to be given hereunder, if given by the Purchaser to the Vendor shall be sufficiently given if mailed in one of Her Majesty's Post Offices by registered mail addressed to the Vendor at: 1710 Kingston Road PICKERING, Ontario L1V 1C7 Attention: Town Manager and if given by the Vendor to the Purchaser shall be sufficiently given if mailed as aforesaid addressed to the Purchaser as follows: 1674 Eglinton Avenue West TORONTO, Ontario M6E 2H3 :.Any notice mailed as aforesaid, shall be conclusively deemed to have been given on the third business day following the date of ma i1 ing. II. Until completion of the sale the lands shall be and remain at the risk of the Vendor. i. Deed or transfer to be prepared at the expense of the v?n(lor on a form acceptable to the Purchaser's solicitor; mortgage 6Ocument to be prepared at the expense of the Purchaser, on a Jorm acceptable to the Vendor's solicitor. ]... This Offer, when accepted by the Vendor, shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement. i _ 5 _ I{ ji, 14. It is agreed that there is no representation, warranty, ` collateral agreement or condition affecting this Agreement or the lands or supported hereby, other than as expressed herein in %,riting. N :i 15. Any tender of documents or money hereunder may be made i:pon the Vendor or Purchaser or upon the solicitor acting for the tarty on whom tender is desired, and it shall be sufficient that a negotiable certified cheque be tendered instead of cash. 16. Each party to pay the costs of registration and taxes on it own documents. 17. Time shall be of the essence of this Agreement. 18. The Purchaser shall have the right, until September 29, 1978, to assign his rights and obligations herein to any person, persons, corporation or corporations and, upon notice of such assignment being provided to the Vendor, the Purchaser named herein shall be released from all or any liability under this 1 Agreement and the Assignee or Assignees, as the case may be, i fshall assume all such liabilities. II19. This offer shall be open for acceptance by the Vendor i until 12:00 noon on the day of August, 1978, after which I; ,time, if not accepted, it shall be null and void and the deposit returned to the Purchaser without interest or deduction. u 20. This Agreement to be read with all change of gender or number required by the context. - 6 - 21. This offer is made by the Purchaser on the understanding that the industrial building to be erected thereon shall entitle i the Purchaser to what is known as "Industrial Credits" therefrom on the basis of one residential unit building permit credit for each one thousand square feet of floor area so constructed and that the said Industrial Credits may be applied to or used by the Purchaser, I'. ion and in respect of the issuance of building permits for a resi- 4dential subdivision within the municipality. DATED the day of 1978. IN WITNESS WHEREOF the Purchaser has hereunto affixed its hand and seal. SIGNED, SEALED AND ) THE HURLSTONE DEVELOPMENT CORPORATION DELIVERED ) ) in the presence of ) i THE CORPORATION OF THE TOWN OF PICKERING acknowledges having received, prior to this Offer, a form of disclosure showing EDWARD SORBARA and SAM SORBARA as Real Estate Brokers and is aware that either or both of these men may retain an interest in the pro- perty and hereby accepts the above Offer and its terms, and covenants, promises and agrees to and with the above named Purchaser to duly carry out the same on the terms and conditions mentioned above. DATED at Pickering this day of 1978. IN WITNESS WHEREOF the Corporation of the Town of ''Pickering has hereunto affixed its Corporate Seal, attested by the hands of its duly authorized officers. THE CORPORATION OF THE TOWN OF PICKERING ayor Clerk t?C'.iEDUL' a" RLY dAS RT =r T P i t . 0 ! ` c i (FO BA I LY- I l -. ; ROAD ALLOWANCE EETNEEN CONCESSION I ANC A i'? ? E. ? ? - ___t 04 T!1 1YFST CO°NcH - _ -- L0T Ifi, f?4NGc 3 8 r.C LI - -N77 °3Z 50 •E 2706 (Plan 4CR-1052) - - Fd. 5.1 B { - .. rN1 70 27 SU `.Y (tip?IOSZ) i 1 II' S O6 NI7°2i3o',v PART 10 PLAN ,OD -263B ' Fd. $.LB 1 411.65 No Fence (Plan 4CR-2638) INST N2 D 5850 (N° 0 _ . 42) _V -1 _ (Wit.)i--- N72°0830£ '~ 633 SS(an 40r-31 `•6 ?. '.- ( 301.40' '---'-S y?J 1 ;P) 1d. 3ZI,ri;-- I Z ,..,(f/ o (Plea 40-3158 B Set) O CC) oI (full - - - V) L0 O '- -o ;cam or.. _ _ M v w :' - INs -FN °- D5S56 - Z. :o . O 0 cD ?; v Lo PAR :1:22] BART 11 G RAN G` C? ?(fi o ? J rA ? i?_ - L `° F °i2 z ij C pl v -Ir Q F. Z I A=71.` - - 0=?9-_.I . ? d =0 I (1(0 >» C -_ - - :r .:9°401:; -- )i° _00 _5O 5 1 PI=n4CFt-3: v M I O ' NI N 10 _ ,p p ' ci N n c ?? _ p G O. 2. Z cn _ N 1I? I Zp Z r?`lI ?' %F-VJ to N 4 2? 0'- W "to )?\ Fd. S. 1.6.(W i t.) rnsi_j is C9 Co h (N° 1042) - Phd. ' z j S.B. f J -J% R' 0 .. 13 1= ?T- tt 72° 32 30E .45?,°5 (?loat??-3:53 F3:!ca5_) - - - C3 N-12032*30"E -' ^ 0.0 1.41*(Plcn 4OR-31588 Set) not , °h^ N72°32'30 E PART. 5 . -PLAN 40P,-315B Z ?rl ?IAC(Plcn 408-3158 E Set) C5 Q n_ '•! N 72° 1 30 E 568.59:P:on4C3-3155 a 14: os ? /LFd. S.I WSJ%L? (N°-1042) 0 ~ ?o NI o c r f. J a yol IL ca m ° 4o L r Ir m - O c 1-- P ? •O v .0 c - ? ? ?. - O 7 n c n° frv. i ? CI co c o ° C O Cl7 I O O^ t` r M ) r. J I. ??? w ?? I Np N_ [PAT A4 Z °I { _ n - j h ((?I J C Z F,. J 1 ? ? L< ?. c ° Imo. .. •Ortll._,i 1. r, :?': '.. Ec.•) i i SCHEDULE "B" TO BY-LAW NUMBER Form L1011 Dced 1YRhou1 Spousal Convent UN IIED STATiMJCFV Co_ LIIIT Cp. LI c.+_ r. ?w pCrr. ?o r"ooucn or: oviv ?. sC?An^kaucH e%w x? 4 114 0 Ar made (in duplicate) the day of one thousand nine hundred and seventy-eight In 1a1irsuanrr of ellr _'llnrf Vilrnt, of Clnntiglanrrs Arf. 7N5 ttWCrn THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantor" OF THE FIRST PART - and - HURLSTONE DEVELOPMENT CORPORATION, a company incorporated under the laws of the Province of Ontario hereinafter called the "Grantee" OF THE SECOND PART zMitne2;gttb that in consideration of the sum of TWO----------- ------------------------------ ------------------------------ -- ($2.00) ----------------Dollars of ]awful money of Canada, now paid by the said Grantee to the said Grantor , the receipt whereof is hereby by it acknowledged, the said Grantor iun th CSranl unto said Grantee in fee simple. All and c ingular that certain parcel or tract of ]and 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 that part of Lot 18, Range 3, Broken Front Con- cession designated as Part 2 on a plan of survey of record registered in the Registry Office for the Registry Division of Durham as Plan No. 40R-3303. o, 3 Dower I 0n l1avr anll to Ovit) unto the said Grantee, its successors and assigns to and for its and their sole and only use forever. !S,nh}rrt nrnrrtllrlrsn to the reservations, limitations, provisos and conditions expressed in the original grant thereof from the Crown. 01 11r said Grantor Tmlrnanis with the said Grantee Chat it has the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor. Anil that the said Grantee shall have quiet possession of the said lands, free from all incumbrances. And the said Grantor Tmmnailts with the said Grantee that it will execute such further assurances of the said lands as may be requisite. And the said Grantor Lnurnants with the said Grantee that it has done no act to incumber the said lands. Ann the said Grantor Erlranrs to the said Grantee All its claims upon the said lands. N Witnel;g Mbereof the party of the First Part has hereunto affixed its corporate seal attested by its authorized officers. i9nrd, Sralrh anb ilrliurrrh THE CORPORATION OF THE TOWN OF IN THE PRESENCE OF I PICKERING ayor C AFFIDAVIT OF SUBSCRIBING WITNESS 'Sre footnote I, of the in the make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at by •See footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the • l in the this day of 19 / co'.1..1oHeP Its Twe.IM< /.rel.Avlr6, eT<. • where a party is unable to read the m,trument or where o party sig. by making his mark or fc,aign choractars add "offer the iruM1Ument had been read to him and he appeared Sully to undersmod it". "'here rreruted under a power of attorney insert "(name of attorney) de attorney for (come of odd for next :awr substitute "1 verily belie.. that the person whose sigrwture I witnessed was authorized to execute the instrument as attorney for (name)". Amended, )ad. 1975 THE LAND TRANSFER TAX ACT, 1974 AFFIDAVIT OF VALUE OF THE CONSIDERATION IN THE MATTER OF THE CONVEYANCE made ldenefy by:.. ... . ........................... .............. the parties m the conveyance on the .. ........... ........ ...... ..........,......... day of ... ....... ...... ......... .. 19._....... ...................... of the... in the . .. .... ............... ............ MAKE OATH AND SAY THAT: 1. 1 am ....._ .. ....... .. ........ ........ ..... _,.. ..._ ... .... .. .... .. named in the within (or annexed) conveyance. This affidavit may 2. 1 have a personal knowledge of the facts stated in this affidavit. be made by the purchuer or vendor 3. (1) The Iota] consideration for this transaction has been allocated as follows: or by anyone fixtures and goodwill _.. ... ._. _.. ... (a) Land building - - - - ... $ "-' "-- - -'- actin, for them , , under nowerof (b) Chattels- items of tangible personal property (see note) _... _ _. S attorney co- by en ..ent .,credited in writin, by the TOTAL CONSIDERATION.... .. $ purchaser, or vendor or be the solicitor of either of them or by (2) The true consideration for the transfer or conveyance for tpp tb ....... ome o th er the n Land Transfer Tax purposes is as follows: .Minister of Revenue. (a) Monies paid in cash $ (b) Property transferred in exchange (Detail Below) $ (c) Securities transferred to the value of (Detail Below) _. .. _.S _ .. ...... ...... (d) Balances of existing encumbrances with interest owing at date of transfer ............... ........ .......... ... $ (e) Monies secured by mortgage under this transaction .................._,...... .... $ . _...,........_....._.... (f) Liens, legacies, annuities and maintenance charges to which transfer is subject ..... ......... .. .._ ... ..... _.. 11 ....$ (g) Other (Detail Below) .. ... .. $ TOTAL CONSIDERATION (should agree with 3(1) (a) above) S 4. If consideration is nominal, is the transfer for natural love and affection? 5. If so, what is the relationship between Granlor and Grantee? 6. Other remarks and explanations, if necessary ... .... A Commissioner, etc All blanks must be filled in. NOTE TO PARAGRAPH 301 (bl: Chsttels: Retail sales tax is payable on the valuation of demo shown in 5(l) (b) unless otherwise <xem Dlyd under the vro,nsione of The Retail Sales Tea A". R.S.O? 1970, c.e15, a, amended. For the pcIl nl thls .Morin'{, inert above , n), ,be valve of chattels, the toot valor of which in opin'nn of the del.un n, s sloo.oo Th,s does u, n rote a I,-, boner fn,m the snay nlit of Relnil Idles Ta? on any ,nnpi p,r,Id.l pruid y t part of his o the 'Gmle \Sb...... r nauely x pu rn based n snn+ .f On.anv nod nmlu.d appliT dbl. na should hr -id LY the ]n, rc luuer to the 'I n port of I ,r,.n. nr, I?al wnh n value of Irss than SIOU 00, , the a, In the 9f In ls,- If I, ..tout. AFFIDAVIT AS TO AGF AND SPOUSAL SIAM ( ',- If atturney see footnotr ike out pplieable ue9. rot a fatrimonial [ome, etc, ee footnote. I/WE of the in the make oath and say: When executed the attached instrument, I/WE at least eighteen years old. Within the meaning of section 1(f) of The Family Law Reform Act, 1978:- a) I was a spouse. b) We were spouses of one another. C) was my spouse. (SEVERALLY) SWORN before me at the in the this day of 19 A COMM19910N Eq on TARING A4FIDAVITB11. `Where affidavit made by attorney substitute: "When I executed the au.'hed instrument as attt, " for (nnrne). he/she +o v (apousaf status and. if applicahle, name of epousej +tdthin the meanlnp of Section I(/) of The Family Law Reform Act. 1948, and when he/she executed the Dourer of attorney, he/she had attained the ape of nmjority'•. Where does not join in or consent, see Section 42M of The Family Law Reform Act, 1978 (or coy,pteto separate affidau-W. O U C ? a 1 Q ? 41 E a a +1 U tLS MOO w a? x E N U wm E z trt N ., a . w14 zz Fa, o ° CO > H c o° tF.r C m E F o 04 Q) a 0 W co 1:: 0 H X > Et r-1 to P, o o O r HU rC H wx Q O ? 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