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
'-