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BYLAW - Mayor and Clerk Authorization - 19820607 - 250282BY-LAW NUMBER 2502-82 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO SIGN DEEDS CONVEYING LANDS FROM THE TOWN OF AURORA TO DONWAY HOLDINGS LIMITED, METROGON HOLDINGS LIMITED, AND GUIDED INVESTMENTS LIMITED. The Council of The Corporation of the Town of Aurora enacts as follows: 1. That the Mayor and Clerk be and they are hereby authorized on behalf of the Town of Aurora, to sign deeds between The Corporation of the Town of Aurora and Donway Holdings Limited, Metrogon Holdings Limited, and Guided Investments Limited, Parts 1 and 2, Plan 65R-3426, dated May 5th, 1982. READ A FIRST AND SECOND TIME THIS -t/c...,7f---DAY 0 F _ ____,)WLzt-(---""u"""f¥---, 19 8 2 . -~--, I 4'()£ MAYOR~ , ~ CLERK AND FINALLY PASSED THIS ;zil-DAY OF ' 1982. CLERK v THIS INDENTURE is made in duplicate this 5th day of May, 1982, In Pursuance of The Short Forms of Conveyances Act: BETWEEN THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "Grantor") OF THE FIRST PART; -and- DONWA Y HOLDINGS LIMITED, as to an undivided 25% interest in the whole, METROGON HOLDINGS LIMITED, as to an undivided 25% interest in the whole, and GUIDED INVESTMENTS LIMITED, as to an undivided 50% interest in the whole, all corporations· incorporated under the laws of the Province of Ontario, as tenants in common, (hereinafter called the "Grantees") OF THE SECOND PART; WITNESSETH that in consideration of other good and valuable consideration and the sum of TW0----($2.00)----DOLLARS of lawful money of Canada now paid by the said grantees to the said grantor (the receipt whereof is hereby by it acknowledged) the said grantor DOTH GRANT unto the said grantees, in fee simple the lands hereinafter set out in their respective interests as tenants in common as hereinbefore set out ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York, and being composed of Part of Lot 77, Concession 1, East of Yonge Street, (formerly in -the Township of Whitchurch, in the County of York), more particularly described as Part 1 on a Plan deposited in the Registry Office for the Registry Division of York North (No. 65) as Plan 65R-3426. SUBJECT to an easement in favour or Aurora Hydro-Electric Commission over those parts of the said lands described as Part 4, according to a plan filed in the said Registry Office as Plan 65R-2641. TO HAVE AND TO HOLD unto the said grantees, its successors and assigns to and for its and their sole and only use forever, SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. The said grantor COVENANTS with the said grantees THAT it has the right to convey the said lands to the said grantee notwithstanding any act of the said grantor AND that the said grantees shall have quiet possession of the said lands free from all encumbrances. AND the said grantor COVENANTS with the said grantees that it will execute such further assurances of the said lands as may be requisite. AND the said grantor COVENANTS with the said grantees that it has done no act to encumber the said lands. AND the said grantor RELEASES to the said grantees ALL its claims upon the said lands. AND subject to the restrictive covenants as set out in Schedule "A". -2- IN WITNESS WHEREOF the Corporate Seals of THE CORPORATION OF THE TOWN OF AURORA and DONWAY HOLDINGS LIMITED, METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED duly attested by their proper officers in that behalf. THE CORPORATION OF THE TOWN OF AURORA Per: DONWAY HOLDINGS LIMITED Per: METROGON HOLDINGS LIMITED . Per: GUIDED INVESTMENTS LIMITED Per: c/s c/s c/s c/s SCHEDULE "A" WITH the intent that the burden of this covenant shall run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the grantor shown as Part I according to a Plan filed in the Registry Office for the Registry Division of York North (No. 65) as Plan 65R-2637, the grantees hereby covenant and agree with the grantor that no building or structure shall be erected or placed upon the lands granted herein for a period of twenty (20) years from the lOth day of May, 1982, unless a site plan showing the same and plans, elevations and specifications for such buildings or structures shall have been approved in writing by the grantor, such approval not to be unreasonably withheld, with the intent that the standards for siting, landscaping and appearance of such buildings or structures shall be of the standard presently set in the Town of Aurora by the buildings of Sterling Drug Limited on Yonge Street South and Aluminum Company of Canada Limited on Dunning Avenue, and in the event that the parties are unable to agree as to whether such standards have been met, the dispute will be submitted to arbitration by an independent architect appointed by the parties or, in the event of failure to agree on such appointment, an architect named by the Secretary of the Ontario Association of Architects; such standards to be reasonable. AND with the further intention that the burden of this covenant shall run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the grantor shown as Part I on the said Plan 65R-2637, the grantees hereby covenant and agree with the grantor that prior to the lOth day of May, 2002, no building or structures will be erected upon the lands hereby conveyed requiring a sanitary sewer capacity greater than two thousand (2,000) gallons per acre per day. f ~ f. ; i ~-~ ; Dated: May 5th, 1982 THE CORPORATION OF THE TOWN OF AURORA TO DONWA Y HOLDINGS LIMITED METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED DEED OF LAND Part of Lot 77, Concession 1, East of Yonge Street (Whitchurch) STRATHY, ARCHIBALD & SEAGRAM, Box 438, Commerce Court P.O., Toronto, Ontario. M5L 1J3 WJW/jdm ( c. ~,,I. /)Z " THIS INDENTURE i• mode io d"plko", <Ire 5<h doy of Moy, 1982. BETWEEN .:90NW A Y HOLDINGS LIMITED, as to an undivided 25% interest in the whole, METROGON HOLDINGS LIMITED, as to an undivided 25% interest in the whole, and GUIDED INVESTMENTS LIMITED, as to an undivided 50% interest in the whole, all corporations incorporated under the laws of the Province of Ontario, as tenants in common, (hereinafter called the "Optionors") OF THE FIRST PART; -and- THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "Optionee") OF THE SECOND PART; WHEREAS the Optionee by deed of even date herewith is selling the within described lands to the Optionors; IN CONSIDERATION of the sum of ONE----($1.00)----DOLLAR by each of the parties to the other paid, the receipt of which is hereby acknowledged, the Optionors hereby grants to the Optionee: 1. In the event that the Optionors do not prior to the lOth day of July, 1983, substantially complete (60%) the construction of a building for industrial use, on the said lands containing at least 18,000 square feet of building area (unless the Optionors are prevented from completing such construction due to force majeure or any other circumstance beyond the reasonable control of the Optionors) the sole and exclusive option, irrevocable within the time or acceptance herein limited, to purchase free of encumbrance the following property owned by the Optionors, namely: ALL AND SINGULAR that certain parcel or tract of land and premises being in the Town of Aurora, in the Regional Municipality of York and Province of Ontario, being composed of part of Lot 77, Concession 1, East of Yonge Street (formerly in the Township of Whitchurch, in the County of York), and being more particularly described as Part I on a Plan deposited in the Registry Office for the Registry Division of York North (No. 65) as Plan 65R-3426. SUBJECT to an easement in favour or Aurora Hydro-Electric Commission over those parts of the said lands described as Part 4 according to a plan filed in the said registry office as Plan 65R-2641. SUBJECT to the terms and conditions herein set forth as follows: (a) The purchase price of the said property shall be Fifty Thousand ($ 50,000.00) Dollars of lawful money of Canada, per acre. The purchase price shall be paid in cash or by certified cheque on closing. (b) The said option hereby granted shall be open for exercise by the Optionee up to but not after I Oth day of August, 1983, and may be exercised by a letter delivered to the Optionors. (c) In the event that such option is not exercised, this Agreement and everything herein contained concerning the said option shall be null and void and no longer binding upon any of the parties hereto. In the event of and upon the exercise of the within option by the Optionee in the manner aforesaid, this Agreement and the letter or document exercising such option shall then become a binding contract of Sale and Purchase between the parties hereto and the same shall be completed upon the terms herein provided for. -2- Provided, however, if a mm1mum of 35,000 square feet is substantially completed on either Part 1 or Part 2 of the said Plan 65R-3426 prior to the lOth day of July, 1983, then the above-noted requirement shall be deemed to have been satisfied. -and- 2. In the event that the Optionors may wish to sever from the said lands and sell any part thereto (excluding land on which a substantial building or buildings has or have been erecte,ci,) to any Third Party at any time until the lOth day of May, 2002, the sole and exclusive O!)tion, irrevocable within the time for acceptance herein .limited, to purchase such part of the said lands which the Optionors may wish to sever and sell, as above noted, subject to the terms and conditions herein set forth as follows: (a) The purchase price of the property to be purchased shall be a sum in lawful money of Canada equal to the aggregate of: (i) Fifty Thousand ($ 50,000.00) Dollars per acre of the property to be purchased hereunder; (ii) Simple interest on the sum set forth in sub-paragraph (a) immediately above at the rate of 8 percent per annum calculated from the 1Oth day of May, 1982 to the date set for closing of the purchase of the optioned lands; (iii) The accumulated realty taxes paid by the Optionors on the lands to be purchased from the lOth day of May, 1982 to the date set for closing of the purchase of the optioned lands. (b) The purchase price shall be paid in cash or by certified cheque on the closing. (c) The Optionors covenant and agree to give written notice to the Optionee at 50 Wellington Street West, Aurora, Ontario, containing particulars of such lands which they may wish to sever and sell as aforesaid; (d) The said ,option hereby granted shall be open for exercise by the Optionee up to but not after the 30th day following receipt of such notice by the Optionee and may be exercised by a letter to the Optionors. (e) Upon the Optionee failing to exercise such option as hereinbefore set forth, the Optionors shall be at liberty to sever and sell such part of the said lands to any Third Party on such terms as it thinks fit, utterly free and clear of the rights hereby given to the Optionee and everything herein contained concerning the said option shall be null and void and no longer binding upon any of the parties hereto. In the event of and upon the exercise of this option by the Optionee in manner aforesaid, this Agreement and the letter or other document exercising such option shall then become a binding contract of Sale and Purchase between the parties hereto and the same shall be completed upon the terms herein provided for. Provided that the title is good and free from all encumbrance, except as to any registered restrictions and covenants that run with the land, provided that such are complied with. The Optionee is not to call for the production of any title deeds, abstract or evidence of title except such as are in the possession of the Optionors. The Optionee is to be allowed thirty (30) days from the date of the exercise of any such option hereinbefore referred to examine the title at its own expense. If within that time any valid objection to title is made in writing to the Optionors which the Optionor shall be unable or unwilling to remove and which the Optionee will not waive, the Agreement arising out of the exercise of any such option shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void. Save as to any valid objection so made within such time, the Optionee shall be conclusively deemed to have accepted the title of the Optionors to the real property. The contract arising from the exercise of any of the options contained herein shall be completed sixty (60) days after the date of the exercise of such option as hereinbefore provided, on which date the Optionors will convey the said lands to the Optionee or its nominee by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, save as aforesaid, and shall deliver vacant possession of the said lands to the Optionee. -3- Taxes, local improvement, water and assessment rates are to be apportioned and allowed to the date of closing. The deed or transfer is to be prepared at the expense of the Optionors. The within Agreement shall enure to the benefit of and be binding upon the parties hereto, and their respective administrators, successors and assigns. L~ WITNESS WHEREOF the Optionors have hereunto affixed their Corporate Seals and the hands of their proper officers duly authorized on that behalf as at the day and year first above written. DONWAY HOLDINGS LIMITED Per: METROGON HOLDINGS LIMITED Per: GUIDED INVESTMENTS LIMITED Per: c/s c/s c/s IN THE MATTER of THE PLANNING ACT (as amended); AND IN THE MATTER of the TITLE TO Part of Lot 77, Concession l, East of Yonge Street (formerly in the Township of Whitchurch; in the County of York), more particularly described as Part l, Plan 65R-3426 X:ND IN THE MATTER OF AN OPTION AGREEMENT THEREOF, FROM DONWA Y HOLDINGS· LIMITED, METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED TO THE CORPORATION OF THE TOWN OF AURORA, dated the 5th day of May, 1982. I, , of the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS: l. I am an officer of in the , one of the Optionors named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. 2. A consent under Section 29 of The Planning Act, as amended, in respect of the said Instrument is not required because: (a) the option is being given to The Corporation of the Town of Aurora, a municipality pursuant to paragraph 29(3)(c) of The Planning Act, R.S.O. 1980 c. 379. SWORN BEFORE ME at the City of Toronto, in the Municipality of Metropolitan Toronto, this day of May, 1982. A Commissioner, etc. ) ) ) ) ) ) ) ) ) ) ) ' t, ,; ' ,. Dated: May 5th, 1982 BETWEEN DONWA Y HOLDINGS LIMITED METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED -and- THE CORPORATION OF THE TOWN OF AURORA OPTION AGREEMENT Part of Lot 77, Concession 1 East of Yonge Street (Whitchurch) STRATHY, ARCHIBALD & SEAGRAM, Box 438, Commerce Court P.O., Toronto, Ontario. M5L 1J3 WJW/sdr ~' '! I I I i I l l i: l t,. I• F ~ ,' THIS INDENTURE is made in duplicate this 5th day of May, 1982, In Pursuance of The Short Forms of Conveyances Act: BETWEEN THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "Grantor") OF THE FIRST PART; -and- DONW A Y HOLDINGS LIMITED, as to an undivided 25% interest in the whole, METROGON HOLDINGS LIMITED, as to an undivided 25% interest in the whole, and GUIDED INVESTMENTS LIMITED, as to an undivided 50% interest in the whole, all corporations incorporated under the laws of the Province of Ontario, as tenants in common, (hereinafter called the "Grantees") OF THE SECOND PART; WITNESSETH that in consideration of other good and valuable consideration and the sum of TW0----($2.00)----DOLLARS of lawful money of Canada now paid by the said grantees to the said grantor (the receipt whereof is hereby by it acknowledged) the said grantor DOTH GRANT unto the said grantees, in fee simple the lands hereinafter set out in their respective interests as tenants in common as hereinbefore set out ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York, and being composed of Part of Lot 77, Concession 1, East of Yonge Street, (formerly in the Township of Whitchurch, in the County of York), more particularly described as Part 2 on a Plan deposited in the Registry Office for the Registry Division of York North (No. 65) as Plan 65R-3426. SUBJECT to an easement in favour or Aurora Hydro-Electric Commission over those parts of the said lands described as Part 4, according to a plan filed in the said Registry Office as Plan 65R-2641. TO HAVE AND TO HOLD unto the said grantees, its successors and assigns to and for its and their sole and only use forever, SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. The said grantor COVENANTS with the said grantees THAT it has the right to convey the said lands to the said grantee notwithstanding any act of the said grantor AND that the said grantees shall have quiet possession of the said lands free from all encumbrances. AND the said grantor COVENANTS with the said grantees that it will execute such further assurances of the said lands as may be requisite. AND the said grantor COVENANTS with the said grantees that it has done no act to encumber the said lands. AND the said grantor RELEASES to the said grantees ALL its claims upon the said lands. AND subject to the restrictive covenants as set out in Schedule "A". -2- IN WITNESS WHEREOF the Corporate Seals of THE CORPORATION OF THE TOWN OF AURORA and DONWAY HOLDINGS LIMITED, METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED, duly attested by their proper officers in that behalf. THE CORPORATION OF THE TOWN OF AURORA Per: DONW A Y HOLDINGS LIMITED Per: METROGON HOLDINGS LIMITED Per: GUIDED INVESTMENTS LIMITED Per: c/s c/s c/s SCHEDULE "A" WITH the intent that the burden of this covenant shall run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the grantor shown· as Part I according to a Plan filed in the Registry Office for the Registry Division of York North (No. 65) as Plan 65R-2637, the grantees hereby covenant and agree with the grantor that no building or structure shall be erected or placed upon the lands granted herein for a period of twenty (20) years from the lOth day of May, 1982, unless a site plan showing the same and plans, elevations and specifications for such buildings or structures shall have been approved in writing by the grantor, such approval not to be unreasonably withheld, with the intent that the standards for siting, landscaping and appearance of such buildings or structures shall be of the standard presently set in the Town of Aurora by the buildings of Sterling Drug Limited on Yonge Street South and Aluminum Company of Canada Limited on Dunning Avenue, and in the event that the parties are unable to agree as to whether such standards have been met, the dispute will be submitted to arbitration by an independent architect appointed by the parties or, in the event of failure to agree on such appointment, an architect named by the Secretary of the Ontario Association of Architects; such standards to be reasonable. AND with the further intention that the burden of this covenant shall run with and bind the lands herein, and the benefit of this covenant shall attach to and run with the lands of the grantor shown as Part 1 on the said Plan 65R-2637, the grantees hereby covenant and agree with the grantor that prior to the lOth day of May, 2002, no building or structures will be erected upon the lands hereby conveyed requiring a sanitary sewer capacity greater than two thousand (2,000) gallons per acre per day. Dated: May 5th, 1982 THE CORPORATION OF THE TOWN OF AURORA TO DONWA Y HOLDINGS LIMITED METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED DEED OF LAND Part of Lot 77, Concession 1, East of Yonge Street (Whitchurch) STRATHY, ARCHIBALD & SEAGRAM, Box 438, Commerce Court P.O., Toronto, Ontario. M5L 1J3 WJW/sdr ; r r-: I I I I I t I ' I I i I I I ! I ~ ~ I i I 1 I I I ... ~ THIS INDENTURE is made in duplicate, the 5th day of May, 1982. BETWEEN DONW A Y HOLDINGS LIMITED, as to an undivided 25% interest in the whole, METROGON HOLDINGS LIMITED, as to an undivided 25% interest in the whole, and GUIDED INVESTMENTS LIMITED, as to an undivided 50% interest in the whole, all corporations incorporated under the laws of the Province of Ontario, as tenants in common, (hereinafter called the "Optionors") OF THE FIRST PART; -and- THE CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "Optionee") OF THE SECOND PART; WHEREAS the Optionee by deed of even date herewith is selling the within described lands to the Optionors; IN CONSIDERATION of the sum of ONE----($1.00)----DOLLAR by each of the parties to the other paid, the receipt of which is hereby acknowledged, the Optionor hereby grants to the Optionee: 1. In the event that the Optionors do not prior to the lOth day of July, 1983, substantially complete (60%) the construction of a building for industrial use, on the said lands containing at least 17,000 square feet of building area (unless the Optionors are prevented from completing such construction due to force majeure or any other circumstance beyond the reasonable control of the Optionors) the sole and exclusive option, irrevocable within the time or acceptance herein limited, to purchase free of encumbrance the following property owned by the Optionors, namely: ALL AND SINGULAR that certain parcel or tract of land and premises being in the Town of Aurora, in the Regional Municipality of York and Province of Ontario, being composed of part of Lcit 77, Concession 1, East of Yonge Street (formerly in the Township of Whitchurch, in the County of York), and being more particularly described as Part 2 on a Plan deposited in the Registry Office for the Registry Division of York North (No. 65) as Plan 65R-3426. SUBJECT to an easement in favour or Aurora Hydro-Electric Commission over those parts of the said lands described as Part 4 according to a plan filed in the said registry office as Plan 65R-2641. SUBJECT to the terms and conditions herein set forth as follows: (a) The purchase price of the said property shall be Fifty Thousand ($ 50,000.00) Dollars of lawful money of Canada, per acre. The purchase price shall be paid in cash or by certified cheque on closing. (b) The said option hereby granted shall be open for exercise by the Optionee up to but not after 1Oth day of August, 1983, and may be exercised by a letter delivered to the Optionors. (c) In the event that such option is not exercised, this Agreement and everything herein contained concerning the said option shall be null and void and no longer binding upon any of the parties hereto. In the event of and upon the exercise of the within option by the Optionee in the manner aforesaid, this Agreement and the letter or document exercising such option shall then become a binding contract of Sale and Purchase between the parties hereto and the same shall be completed upon the terms herein provided for. -2- Provided, however, if a mtmmum of 35,000 square feet is substantially completed on either Part I or Part 2 of the said Plan 65R-34-26 prior to the lOth day of July, 1983, then the above-noted requirement shall be deemed to have been satisfied. -and- 2. In the event that the Optionors may wish to sever from the said lands and sell any part thereto (excluding land on which a substantial building or buildings has or have been erected) to any Third Party at any time until the 1Oth day of May, 2002, the sole and exclusive option, irrevocable within the time for acceptance herein limited, to purchase such part of the said lands which the Optionors may wish to sever and sell, as above noted, subject to the terms and conditions herein set forth as follows: (a) The purchase price of the property to be purchased shall be a sum in lawful money of Canada equal to the aggregate of: (i) Fifty Thousand ($ 50,000.00) Dollars per acre of the property to be purchased hereunder; (ii) Simple interest on the sum set forth in sub-paragraph (a) immediately above at the rate of 8 percent per annum calculated from the lOth day of May, 1982 to the date set for closing of the purchase of the optioned lands; (iii) The accumulated realty taxes paid by the Optionors on the lands to be purchased from the lOth day of May, 1982 to the date set for closing of the purchase of the optioned lands. (b) The purchase price shall be paid in cash or by certified cheque on the closing. (c) The Optionors covenant and agree to give written notice to the Optionee at 50 Wellington Street West, Aurora, Ontario, containing particulars of such lands which they may wish to sever and sell as aforesaid; (d) The said option hereby granted shall be open for exercise by the Optionee up to but not after the 30th day following receipt of such notice by the Optionee and may be exercised by a letter to the Optionors. (e) Upon the Optionee failing to exercise such option as hereinbefore set forth, the Optionors shall be at liberty to sever and sell such part of the said lands to any Third Party on such terms as it thinks fit, utterly free and clear of the rights hereby given to the Optionee and everything herein contained concerning the said option shall be null and void and no longer binding upon any of the parties hereto. In the event of and upon the exercise of this option by the Optionee in manner aforesaid, this Agreement and the letter or other document exercising such option shall then become a binding contract of Sale and Purchase between the parties hereto and the same shall be completed upon the terms herein provided for. Provided that the title is good and free from all encumbrance, except as to any registered restrictions and covenants that run with the land, provided that such are complied with. The Optionee is not to call for the production of any title deeds, abstract or evidence of title except such as are in the possession of the Optionors. The Optionee is to be allowed thirty (30) days from the date of the exercise of any such option hereinbefore referred to examine the title at its own expense. If within that time any valid objection to title is made in writing to the Optionors which the Optionors shall be unable or unwilling to remove and which the Optionee will not waive, the Agreement arising out of the exercise of any such option shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void. Save as to any valid objection so made within such time, the Optionee shall be conclusively deemed to have accepted the title of the Optionors to the real property. The contract ari;ing from the exercise of any of the options contained herein shall be completed sixty (60) days after the date of the exercise of such option as hereinbefore provided, on which date the Optionors will convey the said lands to the Optionee or its nominee by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, save as aforesaid, and shall deliver vacant possession of the said lands to the Optionee. : . ' . . ,~-~·-..-·-~~~'""""'~'-""-~"----~~-~· ;,_.__ .•. _ ......::.: ...... ,~--~···~-,_..,==='~"'-.:.O.;.~'l<""='-"""i~;;, .. ;.,;,,._,,_,.,~.,.."""""'"'-"""'''"'"'·C'X"'"•'"""~-,;.:::.... __ ., __ , ____ ~ . .:.... _____ W'""--•--o•--~,'v';:~.i.;:,,"'"-"-•"'""-•'-----••----•--.. -3- Taxes, local improvement, water and assessment rates are to be apportioned and allowed to the date of closing. The deed or transfer is to be prepared at the expense of the Optionors. The within Agreement shall enure to the benefit of and be binding upon the parties hereto, and their respective administrators, successors and assigns. IN WITNESS WHEREOF the Optionors have hereunto affixed its Corporate Seal and the hands of their proper officers duly authorized on that behalf as at the day and year first above written. DONWAY HOLDINGS LIMITED Per: METROGON HOLDINGS LIMITED Per: GUIDED INVESTMENTS LIMITED Per: c/s c/s c/s ' ,· ' IN THE MATTER of THE PLANNING ACT (as amended); AND IN THE MATTER of the TITLE TO Part of Lot 77, Concession 1, East of Yonge Street (formerly in the Township of Whitchurch, in the County of York), more particularly described as Part 2, Plan 65R-31+26 AND IN THE MA TIER OF AN OPTION AGREEMENT THEREOF, FROM DONWAY HOLDINGS LIMITED, METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED TO THE CORPORATION OF THE TOWN OF AURORA, dated the 5th day of May, 1982. I, , of the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS: 1. I am an officer of in the , one of the Optionors named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. 2. A consent under Section 29 of The Planning Act, as amended, in respect of the said Instrument is not required because: (a) the option is being given to The Corporation of the Town of Aurora, a municipality pursuant to paragraph 29(3)(c) of The Planning Act, R.S.O. 1980 c. 379. SWORN BEFORE ME at the City of Toronto, in the Municipality of Metropolitan Toronto, this day of May, 1982. A Commissioner, etc. ) ) ) ) ) ) ) ) ) ) ) ~' ;\, • (' Dated: May 5th, 1982 BETWEEN DONWA Y HOLDINGS LIMITED METROGON HOLDINGS LIMITED and GUIDED INVESTMENTS LIMITED -and- THE CORPORATION OF THE TOWN OF .• AURORA OPTION AGREEMENT Part of Lot 77, Concession 1 East of Yonge Street (Whitchurch) STRATHY, ARCHIBALD & SEAGRAM, Box 438, Commerce Court P.O., Toronto, Ontario. Me~ . 'J3 •· WJW/sdr '-