HomeMy WebLinkAbout73-67THE CORPORATION OF THE TOWN OF BOWMANVILLE
BY -LAW NO.
Being a by -law to authorize the granting
of an Option to purchase lands to
Trillium Ceramic Tile Manufacturing Inc.
for the establishment of industry.
WHEREAS by by -law number 68 -43 passed by a vote in excess
of three - fourths of all members of Council of the Corporation of
the Town of Bowmanville, hereinafter, called the "Town" on the
fourth day of November, 1968 did authorize the purchase of certain
lands in Township Lot 10 in the Broken Front Concession and other
lands in original Township Lot 9 in the Broken Front Concession
more particularly described therein for the establishment of
industry.
AND WHEREAS the said lands were purchased by the Town
by instrument number N39715 registered on the 17th day of
January, 1969.
AND WHEREAS by by -law number 73 -35 passed on the 4th
day of June, 1973, the Town did authorize the sale of certain
of the said lands more particularly described in Schedule °`C°°,
to Trillium Ceramic Tile Manufacturing Inc., and the said lands
comprising some 5.125 acres and more particularly described as
Part 1 on Reference Plan 198 were sold and conveyed to Trillium
Ceramic Tile Manufacturing Inc..
AND WHEREAS Trillium Ceramic Tile Manufacturing Inc.
have requested the Town to grant it an Option to purchase an
additional five acres of land for the establishment of industry
lying immediately to the south of the lands alreadly purchased
by it.
NOW THEREFORE the Council of the Corporation of the
Town of Bowmanville pursuant to the Municipal Act R.S.O. 1970
chapter 284, Section 354 (1), paragraph 50 HEREBY ENACTS as
follows:
1. That the Town grant to Trillium Ceramic Tile
Manufacturing Inc. an Option to purchase five acres of land
for the establishment of industry lying immediately south of
the lands which it has already purchased being Part 1 on Reference
Plan 1OR 198 and being part of original Township Lot 9Tin the
Broken Front Concession lying south of the Canadian National
Railway subject to the terms and conditions hereiraEter set out.
2. The purchase price of the land shall be $6,000.00
per acre and the consideration paid for the Option shall be
$3,000.00.
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3. The Option shall be open for acceptance until
midnight of January 3rd, 1975.
4. The conveyance to Trillium Ceramic Tile Manufacturing
Inc. shall contain the same restrictive covenants with respect
to title as contained in the prior deed to it underdate August
2nd, 1973.
5. The Option Agreement shall be in the form attached
hereto as Schedule "A ".
6. The said Option and this by -law shall be subject
to the approval of the Treasurer of Ontario and Minister of
Economics and Inter - Governmental Affairs pursuant to Section
122 of The Regional Municipality of Durham Act 1973.
7. That upon receipt of the approval as mentioned
in paragraph six above the Mayor and Clerk be and are hereby
authorized to execute the said Option Agreement and impress
the corporate seal thereon.
READ a first and second time this -3` day of December, 1973.
READ a third time and finally passed this , day of December, 1973.
S. .0 H E D. U L E . .Ve C, re
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Bowmanville,
County of Durham, Province of Ontario, and being composed of
all of Town Lots 4, 5, 6, 7, 8, 12, 13, 14 and 15, part of Town
Lots 3 and 11, all in Block "R ", all of Town Lots 9, 10, 11,
4 and 5, part of Town Lots 3 and 8, all in Block "S ", part
of Block "T ", part of unopened Smart Avenue, part of unopened
Armour Avenue, part of an unopened lane within Block "R ", part
of an unopened lane within Block "S ", together with part of an
unopened lane Northerly adjacent to said Blocks "R" and "S"
all according to the Smart Estate Plan of Subdivision of part
of Township Lot 9 in the Broken Front Concession of the
Township of Darlington, (now within the limits of the said Town
of Bowmanville,) more particularly designated as Part 1 on
Plan 1OR 198, deposited in the Registry Office for the Registry
Division of Durham West (no. 10) on the 3rd day of August, 1973.
THIS AGREEMENT made this 6 � 1,� day of 1973.
B E T W E E N:
TRILLIUM CERAMIC TILE MANUFACTURING
INC.
(hereinafter called "the Purchaser ")
- and -
THE CORPORATION OF THE TOWN OF
BOW111ANVILLE,
(hereinafter called "the Vendor "),
OF THE FIRST PART;
OF THE SECOND PART.
WHEREAS the Vendor is the registered owner of the real
property described in Schedule "A" hereto, having an area of
approximately five (5) acres, being all of the Vendor's real prop-
erty as described therein (hereinafter called "the land ");
AND WHEREAS the Purchaser is desirous of purchasing the
land from the Vendor;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consider-
ation of the sum of THREE THOUSAND DOLLARS ($3,000.00) (hereinafter
called "the consideration ") paid by the Purchaser to the Vendor
(receipt of which is hereby acknowledged) the Purchaser and the
Vendor hereby agree as follows:
1. The Vendor hereby grants to the Purchaser the exclusive,
sole and irrevocable right up to and including the 3rd day of
January, 1975 to purchase the land through no real estate agent, at
a price of SIX THOUSAND DOLLARS ($6,000.00) per acre, such price
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for the land to be determined by the survey referred to in 5.(b)
below.
2. The sum of THREE THOUSAND DOLLARS ($3,000.00) paid for the
granting of this option shall be credited to the purchase price as
and if the option shall be exercised by the Purchaser as contemplated
herein. The purchase price shall be payable in cash or by certified
cheque on the Completion Date hereinafter defined.
3. This option is exercisable by notice in writing delivered
or mailed, postage prepaid and registered, to the Vendor prior to
midnight of January 3rd, 1975 (the "Exercise Date "), after which
time this option shall be null and void and the Vendor shall be
entitled to retain the sum paid for the granting of the option.
4. The Purchaser, its servants, agents and representatives
shall have the exclusive right, privilege and license at any time
and from time to time until the expiration of the option through
lapse of time, and, if the option is exercised, until the Completion
Date, to enter upon the land with such vehicles, equipment and
apparatus as may be requisite to examine the land for the purpose of
determining the suitability thereof for the erection of a manufact-
uring plant thereon and of doing all things necessary and proper in
connection therewith and the Purchaser may use any roads controlled
or administered by the Vendor subject to compliance with all regul-
ations relating to such roads, and make good any damage to the land
caused thereby.
5. Upon this option being exercised, the following shall be
the terms of the Agreement of Purchase and Sale of the land:
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(a) The purchase and sale arising out of the exercise
of this option shall be completed on the 30th day
following the Exercise Date, unless on such day
the appropriate Registry Office is closed, in
which case the sale shall be completed on the next
following day when such office is open (herein
called the "Completion Date ").
(b) The Purchaser is not to call on the Vendor for the
production of any title deed, abstract or other
evidence of title except that the Vendor shall pro-
vide the Purchaser with an up -to -date survey of the
land and such other documents as are in the possess-
ion of the Vendor.
(c) The Purchaser is to be allowed fourteen (14) days
from the Exercise Date to examine the title to the
land at its own expense. If within that time any
valid objection is made in writing to the Vendor,
which it is unable or unwilling to remove and which
the Purchaser will not waive, the Agreement of
Purchase and Sale arising out of the exercise of the
Option shall, notwithstanding any intermediate acts
or negotiations in respect of such objections, be
null aid void and the Purchaser shall not be liable
for any costs or damages, and the sum paid for the
granting of the option shall be immediately returned
to the Purchaser without interest by the Vendor.
(d) The title of the land shall be good, marketable and
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free from all encumbrances except as to any
registered restrictions or covenants and municipal
by -laws or other governmental enactments, providing
that such are complied with. The Purchaser agrees
to accept title to the land subject to the following:
(i) the deed to be delivered on closing will be
executed by the Purchaser and will contain
the following provisions:
(1) The Purchaser covenants that within
one (1) year following the Completion Date it
will commence construction of a building on
the land.
(2) In the event the Purchaser fails to
commence construction as aforesaid, the
Vendor, at its option, shall have the right
for one (1) year to repurchase the land at a
price of SIX THOUSP2-7D DOLLARS ($6,000.00) per
acre, less ten per cent (100), provided that
the aforesaid option shall not arise in the
event that the failure of the Purchaser to
commence construction was due to the failure
of the Vendor to perform any act or grant any
requisite approval necessary for such con- .
struction.
(3) The conveyance shall contain the same restrictive covenants with
respect to tile as contained in the prior deed to it underdate Aug. 2nd, 1973.
6. The purchase and sale arising out of the exercise of this
option is in compliance with The Planning Act (Ontario) or if any
approval of the conveyance is required by that statute, the Vendor
shall obtain same before the Completion Date at its expense.
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7. The Vendor shall execute such further assurances of the
land as may be requisite.
8. On the Completion Date the Vendor shall deliver to the
Purchaser a transfer of the land pursuant to The Short Forms of
Conveyances Act in a registrable form, and the Purchaser shall del-
iver to the Vendor a certified cheque for the balance of the pur-
chase price as set out in Clause 2.
9. The transfer shall be prepared at the expense of the
Vendor and the Purchaser shall be responsible for registration costs.
10. Tender may be made upon the parties to this Agreement or
the solicitors acting on their behalf.
11. Time shall be of the essence of this option and of the
Agreement of Purchase and Sale arising out of the acceptance of the
option.
12. This option and the Agreement of Purchase and Sale arising
out of the acceptance of the option shall be interpreted in accord-
ance with and governed by the laws of the Province of Ontario and
shall enure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns. It is understood that
the Purchaser may assign this Agreement at any time.
13. Any notice, offer, acceptance or demand which under the
terms of this Agreement or under any statute, by -law or regulation
must be given, shall be given in writing and unless delivered, shall
be sent by prepaid registered mail addressed
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to the Purchaser, at
and addressed to the Vendor, at
1220 Dupont Street,
Toronto, Ontario,
Attention: Mr. G. Milani
40 Temperance Street,
Dowmanville, Ontario,
L1C 3A6
or at such other address as either party may by notice in writing
to the other party direct and such notice, offer, acceptance or
demand so mailed shall be deemed to have been given and received
upon the day following the date of mailing.
14. The provisions of this Agreement shall remain binding and
effective notwithstanding the exercise of the option hereby granted
and the closing of the transaction of purchase and sale and /or
delivery of a conveyance or conveyances.
seal.
IN WITNESS WHEREOF the parties hereto have executed under
TRILLIUM CERAPiIC TILE MANUFACTURING INC..
P e
Per:
THE CORPORATION OF THE TOWN OF BOWMANVILLE
Per
Per:
c/s
S C H E D U L E "A"
BEING the real property immediately to the south of
the property purchased by TRILLIUM CERAMIC TILE MANUFACTURING INC.
on August 7, 1973, and shown as Part I on a plan of survey dated
August 3, 1973 as prepared by M. D. Brown, 0. L. S., and bounded
on the east by Simpson Avenue, on the west by unopened Mearns
Avenue, and containing five (5) acres.
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