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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. 2 - 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 - 2 - 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: 1 - 3 - (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 - 4 - 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. 1 - 5 - 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 - 6 - 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. ycow O(t0) P) 7d (D K 0 O K x z N• H �3 N U1 z Ornrtz C) (D O F K Z O � Ul (t w !v a K Q, F-3 o w M 0 • !v O G) �G]0 y Ul ct P- x` O N K K U1 N n N Z E-3 O Fd On y �ro z O C�H N H M 0 z 0 H t7 y O N r 1 1 F3 Z, H cl,r Imi t4 y H n c; F-3 C, �d Cp G� H H zn n y H ti t.1 � d LT1 y n �-3 t 7 G •, tr] v W