Agenda - Special Council - 20040907ftt
TOWN OF AURORA
SPECIAL COUNCIL
AGENDA
N0.04-Y8
iUESWIY, SFPTENBEB 1, 2004
roo am.
COUNCIL CHAMBERS
PUBLIC RELEASE
03/09/04
TOWN OF AURORA
SPECIAL COUNCIL MEETING AGENDA
NO. 04-28
Tuesday, September 7, 2004
I DECLARATIONS OF INTEREST
H APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda be approved as presented.
III CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION
IV READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-laws be given 1st, 2Id and 3d readings, and
enacted:
4588-041 BEING A BY-LAW to authorize (pg. 17)
the conveyance of land
described as Part of Lot 80,
Concession 1, EYS
(Kylemore Homes).
4591-04.0 BEING A BY-LAW to Confirm (pg. 19)
Actions by Council Resulting
From This Meeting - Tuesday,
September 7, 2004.
V ADJOURNMENT
Special Council Meeting No. 04-28 Page 2 of 2
Tuesday, September 7, 2004
AGENDA ITEM
ADM04-020 - Disposition of Property — Wellington Street (pg. 1)
and Bayview Avenue Chapman Court Extension
RECOMMENDED:
THAT the Offer to Purchase Agreement between the Town of Aurora and
Kylemore Homes Ltd. (In Trust) be approved; and
THAT By-law 4588-041, being a by-law to convey the lands described as
Part of Lot 80, Concession 1, EYS, Part 2, 65R-27072 be enacted.
SPECIAL COUNCIL— SEPTEMBER 7, 2004 _
AGENDA ITEM #
-TOWN OF AURORA
SPECIAL COUNCIL REPORT No. ADM04-020-
SUBJECT: Disposition of Property— Wellington Street and Bayview Avenue
Chapman Court Extension
FROM: Legal Services Division
DATE: September 7, 2004
RECOMMENDATIONS
THAT the Offer to Purchase Agreement between the Town of Aurora and
Kylemore Homes Ltd. (in Trust) be approved; and
THAT By-law 4588-041, being a by-law to convey the lands described as Part
of Lot 80, Concession 1, EYS, Part 2, 65R-27072 be enacted.
BACKGROUND
The Town owns approximately 4 acres of developable, vacant land located south of
Wellington Street East and west of Bayview Avenue (the "Lands"), Upon the enactment of
the by-law to declare the Lands surplus on June 22, 2004, Council approved a proposal
submitted by Vincent Cairo and Glenn Crosby of J.J. Barnicke Ltd. for the provision of
brokerage services to assist in the disposition of the property. The property was
subsequently marketed by the broker agency and an Offer to Purchase Agreement from
Kylemore Homes Ltd. (In Trust) ("Kylemore")was executed bythe Mayor and Clerk subject
to a condition that the Town complete all processes required by applicable legislation
(notice/public meeting/by-law) to accept the conveyance within sixty (60) days thereof.
COMMENTS
Marketing activities for the property included the broker's creation of signage, a colour
brochure, specification sheets, and surveys/aerial photos/site plans which were marketed
via an exclusive listing, contacting potential prospects directly, mailing out of brochure,
placing an ad on the broker's website, and placing two (2) advertisements in the Globe and
Mail newspaper. The six (6) Offers formally submitted were reviewed by Staff and the
most favourable Offer, from Kylemore in the amount of $1,630,000, was selected for
Council's consideration. A favourable sale price was likely achieved as a result of there
—1—
SPECIAL COUNCIL— SEPTEMBER 7, 2004
September 7, 2004 - 2 - Report No. ADM04-020
being serviced allocation for the lands. An up-to-date appraisal of the property has been
obtained and public notice of the proposed conveyance was published in the local
newspaper on August 22, 24 and 31, 2004.
Highlights of the Offer from Kylemore include entering into an Option to Purchase
Agreement on closing which would provide the Town with an option to purchase the lands
back from Kylemore if they obtain an increase in the currently approved density for the
property after closing; and also providing Kylemore with a Permission to Enter for access
over the Town's adjoining lands recently purchased from Hydro One (proposed extension
of Chapman Court and referred to in the Offer as the "Hydro easement"). It is the intention
that the Town would retain ownership of these adjoining lands and require the purchaser,
under a future development agreement, to complete the construction of the road extension
prior to it formally becoming part of the public highway. In the meantime, Kylemore, under
the Permission to Enter, would have access overthe proposed road extension which would
enable them to have access to full municipal services currently located at Chapman Court.
The proposed purchaser of the Lands will be unable to develop the property until such time
as a development application is approved. Council may wish to take the opportunity, at
that time, to consider including into any development agreements, a notice to potential
purchasers with respect to the proposed expansion of the Hydro One transmission lines, if
required.
OPTIONS
Approve the Offer from Kylemore; or
Reject the Offer from Kylemore (the Offer will become null and void) and either
retain the lands at this time or request that a further proposal call be initiated to
sell the Lands.
CONCLUSIONS
The lands were declared surplus and a real estate broker was retained to offer the lands
on the open market. The marketing process was successful and resulted in the Town
receiving six (6) Offers to purchase the Lands. The Offer to Purchase Agreement
submitted by Kylemore proved most favourable to the Corporation and was therefore
executed by the Mayor and Clerk subject to a condition that the Town complete all
processes required by applicable legislation to accept the conveyance within sixty (60)
days thereof. Public notice of the proposed conveyance was provided and the approval of
the proposed conveyance and enactment of the necessary by-law is currently being
sought.
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SPECIAL COUNCIL — SEPTEMBER 7, 2004
September 7, 2004 - 3 - Report No. ADM04-020
FINANCIAL IMPLICATIONS
The Town would receive $1,630,000 for the Land. A portion of the proceeds from the sale
would be used to fund previous expenditures incurred to prepare the Lands for future
development including contributions towards servicing and a stormwater management
pond, retention of consultants, and the Town's purchase of a viable access route across
the hydro corridor (Chapman Court extension) totalling approximately $185,000. The Town
would also be responsible to pay the broker's commission fee in the amount of $48,900
(3% of purchase price) as well as any costs associated with the registration of the
conveyance. The remainder of the sale proceeds (approximately $1,445,000) would be
placed in a capital reserve to offset previous unfunded expenditures relating to the
construction of the new Library..
LINK TO STRATEGIC PLAN
Goal A - Maintaining a well -managed and fiscally responsible municipality
Goal C - Continuing controlled, well planned growth
ATTACHMENTS
- A Extract re Barnicke Proposal dated April 13, 2004
- B Extract re Surplus By-law dated June 22, 2004
- C Public Notice/Location Plan
- D Offer to Purchase Agreement
PRE -SUBMISSION REVIEW
Management Team — September 1, 2004
Prepared by: Janet Van Scheyndel, Law Clerk
Scott Somerville
Chief Administrative Officer
—3-
SPECIAL COUNCIL - SEPTEMBtWT�,CI���T"A"
, own of iGr
�r d TOWN OF AURORA
a,b�, EXTRACT FROM COUNCIL MEETING NO.04.11
HELD ON TUESDAY, APRIL 13, 2004
11. ADM04-008 - RFP for Real Estate Broker - Disposition of Property
Wellington Street East and Bayview Avenue,
Chapman Court Extension
Moved by Councillor Buck
Seconded by Councillor Gaertner
THAT staff attempt further communication with the Region of York to
negotiate a mutually agreeable purchasing price for these lands, to
permit the Region of York to buy this land for the purpose of creating
affordable housing in Aurora.
DEFEATED
Moved by Councillor Vrancic Seconded by Councillor Morris
THAT subject to Council's future enactment of the necessary by-law to
declare surplus the Town owned lands located at Wellington Street
East and BayviewAvenue, the proposal submitted by Vincent Cairo and
Glenn Crosby of J.J. Barnicke Ltd. be approved for the provision of
brokerage services to assist in the disposition of the property.
CARRIED
-4-
SPECIAL COUNCIL — SEPTEMBEX.JACMUNT "B"
fq�' 'e *Q' TOWN OF AURORA
ftf
nw®wrnr,.wwanm,..
EXTRACT FROM COUNCIL MEETING NO.04-22
HELD ON TUESDAY, JUNE 22, 2004
Moved by Councillor Kean
Seconded by Councillor West
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4492-041 BEING A BY-LAW to
declare surplus lands
described as Part of Lot
80, Concession 1, EYS, in
the Town of Aurora
(adjacent to Chapman
Court Extension).
CARRIED
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SPECIAL COUNCIL - SEPTEMBER 7, 2004
ATTACHMENT "C"
On September 7, 2004, Aurora Council will consider authorizing the
conveyance of approximately 4.04 acres of public surplus property
(Part of Lot 80, Concession 1, EYS) located south of Wellington
Street East and west of Chapman Court, as shown below,
WELLINGTON ST E
LANDS TO BE
CONVEYED
a
a
,m
If approved by Council, the Town of Aurora will convey the ianas ro
Kylemore Homes Ltd, (In Trust). Please address any inquiries to the
Town of Aurora, Legal Services Division at telephone (905)
726-4743.
PUBLISHED August 22, 24 and 31, 2004
Bob Panizza, Town Clerk
08/13/04 FRI 10:52 FAX 905 940 7999 ATTACHMENT s°Dss
SPECIAL COUNCIL - SEPTEMBER 7, 2004
O,. a Agreement of Purchase and Sale Form 100
Roel Fshw for use In the Province of anlado
AYmaWrwl
BUYER;
{ t�i-•ar-,vtz l•� S L. _ L.I Ka agrees to purchase from
y ._ rPoil� earl names ofalBwem
SELLER: THE CORPORATION OF THE TOWN OF AURORA the following
—""— (Wll lead norm ool ch Worst
REAL PROPERTY:
Address:
In the _
and having a frontage of
fronting on the West _side of Chapman Court
more orless by a depth of see Schedule B_more or less legally described as
4,04 Acres of land beincl part of Lot 80, Concession 1, EYS, Town of Aurora (°the grope iy ).
—_�__ iWool ,ean,n.. of lantl lnduolno eacamenls nor dercdb—anawherer
PURCHASE PRICE: bl1C /-titll_LGh1 '51X. I V_S > 444D -%'Aeerl -VQ+ Dollars (CDN$ I oGlov CYY�`�til
DEPOSIT:
Buyer submits I Herewith ) Fifty Thousand Dollars (CDN$ 50,000 )
lNe,evnh/tlpee«aplencel .
by negotiable cheque payable to J,J, Bamicke Limited to be held in trust without Interest pending completion or
other termination of this Agreement and io be credited toward the Purchase Price on completlon.
Buyer agrees to pay the balance as more particularly set out In Schedule A attached,
SCHEDULE(S) •_, A & S attached hereto form(s) part of this Agreement.
1. CHATTELS INCLUDED:
N/A
2. FIXTURES EXCLUDED:
N/A
3. RENTAL ITEMS: The following equipment is rented and rat Included In the Purchase Price, The Buyer agrees to assume the retrial contract(s). If assumable:
4. IRREVOCABILITY: This Offer shall be Irrevocable by Buyer until 4_00 p.m, on the t 8 day of . 20 04
aerr.YBWer
after which time, If not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer In full without
5. COMPLETION DATE: This Agreement shall be compteted by no later than 6:00 p.m, on the day see Schedule A , 20
Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement,
6. NOTICES: Seller hereby appoints the Usttng Broker as Agent for the purpose of giving and receiving notices pursuant 10 this Agreement.
Only It the Cc-opercting Broker represents the Interests of the Buyer In this transaction, the Buyer hereby appoints the Co-operating Broker
as Agent for the purpose of giving and receiving nofices.pursuant to this Agreement. Any notice relating hereto or provided for herein shall
be in writing. This offer, any counter offer, notice of acceptance thereat, or any notice shall be deemed given and received, when hand
delivered to the address for service provided In the Acknowledgement below, or where a facsimile number Is provided herein, when
transmitted electronically to that facsimile number.
FAX No.--._IFar delli of noeas to seller, FAX NO.q`C&-Ci5PA-stg-+ Ivor delivery of Mikes to Buyer)
7. GST: It this Iansaction Is subject to Goods and Services Tax (G.S.TJ, then such tax shall be in addition to the Purchase Price.
lxrl,w„n u,m nrkullnn rns
If this transacllon Is not sublecl to G.S.T., Seller agrees to certify, on or before closing, that the transaction Is not subject to G.S.T.
8. TITLE SEARCH: Buyer shall be allowed unti16:00 p.m. on day see Schedule A , 20 (Requisition Date) to
examine the title to the property at his awn expense and until the earlier of: (1) thirty days From the toter of the Requisition Date or the dole
- on which the conditions In this Agreement are fulfilled or otherwise waived or, lip Eve days prior to completion, to sallsty himself that there
are no outstanding work orders or de0clency notices affecting the property, that Its present use
H R6-32 Exception Zone Residential - Condominium Row Housing )
may be lawfully continued and that the principal building may be Insured against risk of tire. Seller hereby consents to the municipality
other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute
and deliver such further authorizations In this regard as Buyer may reasonably require.
9. FUTURE USE: Seller and Buyer agree That there is no representation orwaranty of any kind that the future Intended use of the property by
Buyer is orwlll be lawful except cis may be specifically provided for In this Agree ent.
INITIALS OF BUYER(S):I la INITIALS Of SELLER(S): ( )
0 2004 0REA Standard Form Do not alter when printing or reproducing the standard -set podIon. Form 100 0112004 Page i of 4
ulckORer• vrww Here soft
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08/13/04 FRI 10:53 FAX 905 940 74$9 J.J.BARNICKE—N.E 4LJ uua
--- - SPEC I AL COUNCIL - SEPTEMBER 7, 2004
10, TITLE: Provided that Iha title to the properly Is goad and free from all registered restrictions, charges, Bens, and encumbrances except as otherwise
spac)gcalN provided In this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that Such are
compiled with; @J any registered munldpd big
ad registered agreements with pubecry regulated utilities providing such have been complied'
og be
wth, or security has been pasted to ensure oompdance and completion, as evidenced by a letter from the relevant municipality or regulated ulgly: jcj any
minor easements for the supply at domestic ulitly or lelephona services 10 the property or adjacent properties: and (d(any easements far tlrpinage, storm
of sanitary sewers, public utldty Snes, lelephona Il"Is cable ielevislon Ines or other services which do not matedolly, affect the present use of the property. If
orJIN'the slow.g" Ilmes referred la in paragraph a.'
valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said
present use may not Jowl re be c"I nand, or Thal the principal budding may not be Insured against Ask of fire Is made In wiling to Seder and which Seger is
unable or unwilMg to remove, remedy or
go
a obtain insurance and except against risk of Are In Favour of the Buyer and CRY mollgogea, (with all
suc
related costs at Iha expense of the Seller),and which Buyer will not waive. ]his Agreement notwithstandng any intermediate acts or negotiations In respect
wighoul interest or
haq not beers 61. farsany costs or damagesaSa Monte or
la alrrysholl be void objectionso made by such dayaandtion excepf or any objection, listing goingker dto the mat of he oUller
Buyer shel be conclusively deemed 10 have accepted Seller's lifle to the property.
]I. CLOSING ARRANGEMENTS: Where each of the Seger and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the properly, and
where the imnsocllon will be Completed by electronic registration pursuant to ?Olt ill of the Land Registration Reform Act, R.S.O. 1990. Chapter L4 and the
Electric Registralion Act, S.O. 1991, Chapter 44, and any omndments thereof to the Seller and Buyer acknowledge and agree that the exchange of
closing funds, non -registrable documents and okhAf Items (the "Requisite Dellvedea") and the release thereof to the Sailer and Buyer will la) not occur a1 the
soma time as the registration of the transfer/deed (and ather rereceiving any of the Requisite D& intended to beregistered
ll verles will required tlon with the o hard same In hurt and tagost anetirelea a salme
and except
be scored to cadthe whereby the document
)
ezcapt In accordance with the arms of a document registration agreement between the sold lavryars, the term of which is as recommended from Ilene to
time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, Such exchange of the Requisite Deliveries WEI occur In the applicable
Land Titles Office or such other location agreeable to both lawyers.
12. DOCUMENTS AND DISCHARGE: Buyer shelf not call for the production of any title deed, abstract, survey of other eWdenca of title to the property
except such as are In the possession or control of Seiler. B requesid by Buyer. Salter will deliver any sketch or survey of Iha properly wlhin Segens dental to
Buyer as soon as possible and prior to the Requisition Data. B a discharge of any Charge/Mortgage held by a corporation Incorporated pursuant to the Trust
and Loan Companies Act jCamda), Chartered Bank. Trust Company, Credit Union, Caine, Popula re, or Insurance Company and which ISnot to be
assumed by Buyer on completion, is not avalloble In regisimate fame on completion, Buyer agrees to accept Seller's lawyers personal undertaking to obtain,
out or the closing funds, a discharge in registrable farm and to register germso Statement on Age within a reasonable period of time after camplallan, provided thdl on or
before discharge. together win a draletion Sailor shall ctloo execuf dde to er a by Seiar directing payment topered by the he morrigogea of he edmount requireling out d tabadonce required to ob obtain the dischargeobtain the
out of the
balance due on completion.
13. INSPECTION: Buyer acknowledges having had the opportunity to impact the property and understands that upon acceptance of this Offer there shall be
a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the appodunlly to Include a requirement for o
property Inspection report In this Agreement and agrees Ihd except as may be specifically provided for In this Agreement, the Buyer will not be ebolld a
property Inspection or property Inspection report regarding the properly,
14. INSURANCE: All buildings an the property and at other hings being purchased shot be and mmaln until completion at the Ask or seler. Pending
completion, Seiler shot hold al Insurance policies, It CRY, and the proceeds thereof In trust tar the pestles as their Interests may OPPeor and In the event of
subslonlal damage. Buyer may either terminate this Agreement and have all monies paid returned without Interest a deduction or else lake the proceeds
of my On
If Better
, or Buyer Is
Insurance and complete the purchase. No
Charge/Modgag%Buyer had supply Sellarrwlth reasonable evidencurance shag be e of adequate insurance toiprotect Setens or other s taking back a amadgageees Interest on
completion,
15. PLANNING ACT; This Agreement shot be effective to create an Interest in the property Oft? It Sailer compiles with the subdivision control provision of the
Ponnng Act by completion and Seller covenants is proceed cIggenfly at his expense to obtain any necessary consent by completion.
16. DOCUMENT PREPARATION: The Tronsfer/Daed shall, save for the Land Transfer Tax Affidavit, be prepared In registrable o= of the expense of Seller.
and any Chage/Mortgage la be given back by the Buyer to Seder at the expense of the Buyer. If requested by Buyer, Seller covnonis that the
Tronsfer(Deed to be delivered on completion shot contain he statements contempload by SactlOD SO 122) of Iha Planing Ad. R3.0. 1990.
17. RESIDENCY: Buyer sholl be. credited towards the Purchase Price with the amount, IF any, necessary for Buyer to pay to the Minister of National Revenue to
sblisfy Buyer's lability In respect of lox payable by Seller under the non•resldenoy Provisions of the Income Tax Act by reason of this Salo. Buyer shot not claim
such =edit if Sailer delivers on completion the prescribed cartillcate a a statutory declaration that Seller Is not then a nanrasidenl of Canada.
18. ADJUSTMENTS: Any rants, mortgage Interest, really loxes Including local Improvement roles and unmetered public or private utilly charges and
unmstwed Carl of fuel, as applicable, shall be apporlioned and allowed to the day of comptellOm the day of completion Itself be apportioned 10 Buyer.
mici
rovided forhavain
19. be
extenLIMITS:
dlor atrids derl in all by n all respects
nl In the
signd by Seler and Bided uyerne Ifirms for or by theirrespeoing ctive lacompleting
wyers who may bbettsspeclfcdly authorized Ian that
regard.
20. TENDER: Any lender of documents or money hareunder may be made upon Seiler or Buyer or their respective lawyers an the day sal for completion.
Money may be tendered by bank droll or cheque tangled by a Chartered Bank. Tlusl Company. Province of Ontario Savings Office, Credit Union or Caine
Populating.
21. FAMILY LAW ACT: Sister warrants that spousal consent Is not necessary to his transaction under provisions of the Family Law Acl. RS.O, 1990 udess
Seller's spouse has executed the consent, hereinafter Provided.
the time
the
Inssuld'edller wllh Pnsulailon containingresents and s to uraafoemthat aideh deg and thatSallet to theebest ofdSele's knowledge Sellerhas no building on tht caused e property cobuilding an ntains of hashe praperty lo be
ever
contained Insulation that contains uraaformoldehyde. This warranty shill survive and not merge on the Completion of this transaction, and if the aulldng Is
pad of a multiple unit building, this waaonly shad only apply to that pad of the budding which Is subject of [his transaction.
23, CONSUMER REPORTS: The Boyer Is hereby notiRed that a consumer mpod containing credit and/or personal Information may be referred to In
connectan with this transaction,
24. AGENCY: It Is understood that the broken Involved in the transaction represent the perils, as set out In the Conlfmallon of Represantalln below.
25. AGREEMENT IN WRITING; If there Is conflict or discrepancy between any provision written or typed In this Agreement (including any Schedule attached
hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such
con111ct or discrepancy. This Agreement, Including any Schedula attached hereto, shall constitute the entire Agreement between Buyer and Seger. There is
no representation, womanly, ceiletarat agreement or condition which affects this Agreement her than m expressed herein, This Agreement shot be read
with all changes of gender or number required by the context.
INITIALS OF SUYER(S): INITIALS OF SELLER(S):
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IQ 006
26. SU CCESSORS AND ASSIGNS: The heirs, executors, administrators. successors and assigns of the undersigned are bound by the terms herein.
DATED at �r. this } � day of , 20
tea`:: ni n�� )� Asrnee oF: NT'MONESS whereof I have hereunto set my hand and seal:
40 DATE �- navy c ISeall
_ DATE
IRWerI - Iseaq
DATE
Mlineal -- IISeoll
I, the Undersigned Seller, agree to the above Offer, I hereby,'vrevocablabl y Instruct my lawyer to pay directly to the Usting Broker the unpaid balance of the
commission together with applicable Goods and Services Tax [and any other taxes as may hereafter be applicable), from the proceeds of the sale prior
to env, payment to the undersianed on completion, as advised by the Uslinn Broker to my lcwver.
DATED at _,_ this day of .20
SIGNED, SEALED ANDD DELIVERED inn the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
DATE
IWlinett) -- CoMeellon of the Town W Aurora ISellerf ISaNI
DATE
(Wllnea) (Seller) (sere)
DATE
iWlirsessl Pawl Ised)
SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Famiy
Law Act, R.S.C. 1990, and hereby agrees with the Buyer that he/she WIN execute ail necessary or Incidental documents to give full farce and effect to
the sale evidence herein.
' DATE
M'Enettl ISrxwsel ISedl
CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed
and written was finally executed by all parties at
this day of
Wting Broker
Coop/Buyer Broker
,20
rsi:mulw of Segerl0u 1
CONFIRMATION OF REPRESENTATION
Tel. No. ( _I Represents
Tel. No. 1 _) Represents
ACKNOWLEDGEMENT
I cclmowludge receipt of my signed copy of this accepted Agreement of
Purchase and Sale and I outhofina the Agent to forward a copy to my
DATE
jseuer)
DATE
e,awA
Address fnr SArvInP
TAI No. I --I
Seller's Lawyer .—
Address
lei. No. PAX Na
I acknowledge receipt of my signed copy of this accepted Agreement of
Purchase and Sale and I authorise the Agent In toward a copy to my
Addres.S for Servinse
Buyer's Lawyer
Address
1—)_
Tel. Na.
Na. 1 _I
DATE
DATE
COMMIS ION ISUST AGREEMENT
To: Co�peraling emov shown an the foragolnB Agreement of Purchase and We:
In coWdarcti n for the Co-olawoung Broker procuring the faragelng Agreement of Purchwe and Solo, I hereby declare Ihot oil moneys recal ed or recelvabla by me In oonneallon with
fie Damacflon as eontemptaled In the MLS Wes and Reguldflons of my Real Estate Board shag be receivable and hold In Wit. The agreement shall eonslltuts o Cammlatlon Irwt
Agreement as deened In the MIS Rules and shall be rvh ect to and go4erned by the MLS Rules penaln6te to Commisdan Tani.
BATED os of the del" and the lime of the ooceplance or the foregoing Agreement or Purchase and Acknowledged I*
0 2004 0REA Standard farm no not oiler when printing or reproducing the standard pre-set portion. Form 100 0112004 Page 3 of 4
QuIckORer® www'nereosaft.com
08/1 /04 FRI 10:55 FAX 905 940 7999 J.J.BARNICRE-N.E
SPECIAL COUNCIL — SEPTEMBER 7, 2004
14 006
SCHEDULE "A"
Attached to and forming part of this Agreement of Purchase and Sale regarding 4.04 ACRES
ST OP CIIAI'MAN COURT, AURORA (the "Property") made between
f"DI.X
ye, rgg t3� 4 Buyer and' TBE CORPORATION OF THE TOWN OF
AURORA, as Seller
1. DEP� OSITS
The Listing Broker shall place the deposits in their trust account. Such monies shall earn
the highest interest bearing vehicle available and such accrued interest shall be credited to
the Buyer upon ation of
Broker shall deliver the deposhe Closing it Plus accrued iate or other nterest to the Seller n the Closing aatefing
2. VENDOR TAKE BACK MORTG G
The Buyer acknowledges that there will be no Vendor Take Back Mortgage offered by
the Seller.
3. ARJ�IUSTMNTII
The Purchase Price will be adjusted by apportioning as between the Buyer and the Seller
as of the Closing Date all adjustments which are customarily made in transactions similar
to this transaction including, without limiting the generality the foregoing, all coal
subdivision
property taxes (or grants in lieu there, service or lot levies, subdivision charges focal
of)
improvement rates, (which, if applicable shall be conmruted and paid by the Seller),
utilities, all to the end that all casts relating to the Property for or. in raspcot of periods up
to but not including the Closing Date will be to or for the account of theSeller' least five
Seller will prepare a draft statement of adjustments and submit it to e Buyer at readjust the
(5) Business Days before the Closing Date. The Seller and Buyer agree
adjustments made on closing, if necessary, immediately following request
4. CLOSING DATE AND CLOSING
The closing of the purchase of,the Property (the "Closing" or "Closing Date') shall take
Place thirty (30) days after successful fatfillment of the Buyer's and Seller's conditions
set out in Sections 9 and 10 herein. In the event that the Closing Date falls an a date
when the appropriate Land Registry Office is closed, the Closing shalt take place on the
next business day that the said Land Registry Office is open.
5. PROPERTY - "AS IS"
The Buyer aclmowledges that the Property are purchased and accepted in an "as is
condition" and no representations and/or warranties are given or implied except as
specifically outlined in Clause 9. The Buyer solmowledges that the Seller did create a
number of concept plans for the Property in 1998 reflecting a use that is not permissible
under the current zoning. The Buyer also acknowledges that any changes in use and/or
zoning would be at the Buyer's expense and risk. The Buyer and the Seller agree to
enter
into an Option to Purchase Agreement on or before the data of Closing which provides
that if the Buyer obtains an increase in density for the Property in addition to what is
approved on the date of this offer. in Zoning By-law 2213-78, then the Seller shall have
the option to have the Property re -conveyed and when the Property is re -conveyed, the
Buyer shall receive from the Seller the initial Purchase Price reduced by fifteen per cent
(15a/.) of the Purchase Price for each year or part thereof since the date of Clo d that the
The
Buyer and Seller agree that there is no representation or warranty Y
kinfuture intended use of the Property by the Buyer is or will be lawful,
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6. TITLE
Except as otherwise provided herein, the Seller shall discharge at their own expense, all
liens, charges and encumbrances affecting the Property on or before Closing, The Buyer
hereby accepts the Seller's title to the Property provided the title is good and free from all
registered restrictions, charges, liens and encumbrances, except as specifically provided
for in this Agreement and except for (a) registered restrictions or covenants that ran with
the land provided these are complied with, 0) registered municipal agreements and
registered agreements with publicly regulated utilities providing such have been complied
with or security has been posted to ensure compliance and completion as evidenced by a
letter from the entity having jurisdiction, (a) minor easements for the supply of domestic
utility or telephone services to .the.Property or adjacent properties, (d) any easements for
drainage, stomt or sanitary sewers, public utility lines, telephone lines, cable television
lines or other services which do not materially affect the present use of the Property .
7. REQiJIS^ TfIaN D.P`TE
The Buyer will be allowed thirty (30) days prior to the Closing Date to examine the title
to the Property at its own expense, if, during that time any valid objection to the title is
made in writing to the Seller which the Seller is unable or unwilling to remove and that
the Buyer will not waive, this Agreement will, notwithstanding any interrhediate acts or
negotiations in respect of such objections, be null and void, the Deposit together with
interest thereon will be returned to the Buyer without deduction and neither party will be
liable to the other for any costs or damages nor will either party have any further right or
obligation hereunder. Save as to any valid objections so made, the Buyer will be
conclusively deemed to have accepted the title of the Seller to the Property.
S. TITLE DOCUMENTS
The Buyer will not call for the production of any title deed, abstract of title, or other
evidence of title other than such as maybe in the Seller's possession or control.
g, OTHER DOCUMENTS
If requested by the Buyer, the Seller will deliver to Buyer, within five (5) Business Days
after die execution of this Agreement.
(a) any survey of the Property which the Seller has in its possession showing the
location of all lot lines and easements;
(b) copies of any registered -agreements with the Town of Aurora;
(a) any Environmental and/or Soil Reports in the Seller's possession.
10. CONDITIONAL PERIOD - BUYER
This Offer is conditional for thirty (30) days following the satisfaction of Section 11
herein and following the acceptance upon the Buyer investigating the sail conditionof the
Property and finding same to be satisfactory to the buyer in its sole and unfettered
discretion and further upon the Buyer being satisfied with the. development potential of
the Property in its solo and unfettered discretion.
If the Buyer has not notified the Seller or the Seller's solicitors in writing, by registered
mail, personal delivery or via facsimile, on or before the expiry of the conditions herein,
of its election to waive this condition, this Agreement will be deemed to have been
terminated by the Buyer making this Agreement null and void and the Deposit will be
returned to the Buyer with interest and without deduction with neither party liable to the
other for any costs or damage with neither party having any further right or obligation
hereunder. If the Buyer notifies the Seller or the Seller's solicitors in writing by registered
mail, personal delivery or via facsimile on or before the expiry date of the conditions
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herein, of its intention to waive this condition, this agreement will become unconditional
and binding and will be, completed as set out herein.
11. CONDITIONAL PERIOD— SELLER
a) The Seller shall complete all processes required by applicable legislation, including
legislation of the Seller, in order to sell the Property. Such processes shall include
holding a public meeting by the Council of the Seller to consider acceptance of this
Agreement. If within sixty (60) days of the execution of this Agreement by both parties,
such processes are not completed or the Agreement is not accepted by Council, this
Agreement shall be at an end and thereupon the deposit, together with accd interest,
shall then rue
be•returned to the Buyers without deduction, and neither party shall be under
any further liability to the other, This condition is included for the arks benefit of the
Saner, and may be waived at its option by notice in wdtiag to the Buyer, or Buyer's
solicitor, given at any time prior to sixty (60) days following the acceptance of this Offer. The Buyer acknowledges that negotiation. and execution of this Agreement a o the s OScIffer. staff shall not prejudice the Seller's right to approve this Offer.
12. FUTURE SALE OF THE PROPERTY BY THE By7YER
It is the express intention of the Seller and the Buyer that there shall be no speculation
with respect to all or any portion of the property. In the event of a bona fide arms length
sale or proposed sale of the Property by the Buyer or any affiliated company of the Buyer
as that term is defined in the Business Co oradans �Icr R.S.O. 1990, c.B. 16, at any
time before registration of a Condominium. plea, .Subdivision Plan, or Sit, Plan
Agreement, at the option of the Seller, the Seller shall have the right to r Si% of any
Profit as defined below. This shall be paid to the Seller and the amount of such profit
shay be a charge on the Propertyin favour of the Seller until paid.
"Base Amount" means the Purchase price,
"Sale Price" means: The value in lawful money of Canada of all benefit
consideration and Paid or agreed to be paid for the Property by a bona fide pttall r dealing at and length
with the Buyer (or the Buyer's heirs, administrators, value of all chattels situate thereon which are than
or assigns including the
itan oso
wned so the Buyer and which are
intended to pass on such tale transaction and the value r mortgages
of any encumbrances o assumed by rice Buyer or taken back as part of the consideration for such sale transaction,
less the aggregate of the following;
(a) the cumulative total of any and all capital improvements to the Property (as
determined in accord with generally accepted accounting Principles) made by
the Buyer to the Property from and after the Closing Date;
(b) the cumulative total of any and all direct costs incurred by the Buyer to rezone
and/or register a Condominium Plan, Subdivision Plan or Site Plan Agreement,
colliding but not limited to Alarming consultants fees, engineering fees, surveys,
soil and environmental surveys/assessments;
(c) any real estate commission payable by the Buyer in disposing of the Property to
such a bona fide purchaser in an amount not, to exceed the then current industry
practice; and
(d) reasonable legal and accounting fees payable by the Purchaser in disposing of the
Property.
'Trofit" means the amount by which the Sale Prics exceeds the Base Amount.
13. COVENANTS REPRESENTATIONS AND WARRANTIES OF THE SELLER
The Seller covenants, represents and warrants to the Buyer:
(a) the Seller will maintain the property from the date of execution of this Agreement
on the Closing Date as a prudent owner would do;
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(b) the Sailer has received no notice of any litigation or claim which could in any
manner affect the Properly;
(0) the Seller has full right, power and authority to sell and convey the Properly to the
Buyer as provided herein;
(d) the Seller will permit the Buyer and my persons authorized by the Buyer
to enter upon and view the Property. .
(e) the Seller will deliver the Property on closing as follows:
1) -Road sccess.across Hydro easement.
2) Full Municipal services located an Chapman Court at Hydra easement
(east side).
3) Residential zoning [(MR6-32 exception zone residential condominium
row housing] in place and full effect.
4) Building permits available on thensual application basis.
All of these covenants, representations and warranties shall survive closing.
14. DDLIVERY BY SELLER
On or before closing, the Seller will, against delivery by the Buyer to the Seller of the
items below deliver to the Buyer the following:
(a) executed Permission to Enter over the adjoining lands to the cast also owned by
the Seller, legally described as Part of Lot 8o, Con.l, BYS, designated as Parts 1
to 4, P1an 65R-25200, Town of Aurora, Regional Municipality of York, for the
purpose of access to the Property via Chapman Court;
b) executed deed of the Property in registrable form in favour of the Buyer or as the
Buyer may otherwise direct with the Planning Act statements duly executed;
(b) statutory declaration of a senior officer of the Seller confirming that the Seller is
not a non-resident of Canada within the meaning of Section 116 of the Income
Tax Act (Canada);
(c) a Statement of Adjustments prepared pursuant to Clause 3 - Adjustments;
(d) such other deeds, conveyances, assignments, transfers and documents as the Buyer
or the Buyees'solicitors may reasonably require to give effect to the intent Of this
Agreement.
15. DELIVERY OF DOCUMENTS BY BUYER
On or before Closing, the Buyer will, against delivery by the Seller of the items below
deliver to the Seller the following:
(a) the Purchase Price is accordance with the Statement of Adjustments; -
(b) all other documents as the Seller or the Seller's solicitors may reasonably require
to give effect to the intent of this Agreement.
16. RISKOFLOSS
Until Closing, the Property will be and remain at the risk of the Seller, thereafter the
Property will be at the risk of the Buyer. The Seller shall hold all policies of insurance
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effected on the Property and the proceeds thereof in trust for the parties hereto, as their
interest may appear,
17. PAYMENT OF TRANSFER TAXES
The Buyer will pay all land transfer taxes and or other taxes payable upon or in
connection with the conveyance or transfer of the Property by the Seller to the Buyer,
provided, however, that this provision will not extend to or include any income taxes,
including taxes in respect of capital gains, payable by the Seller, upon or in connection
with the conveyance or transfer of the Property.
18. INVESTMENT CANADA ..
The Buyer represents and warrants to the Seller that the Buyer is mot a "non -Canadian"
for the purpose of the Investment Canada Act.
19. WAIVER
No waiver of any provision of this Agreement will be deemed or constitute a waiver of
any other provision or will any such waiver constitute a continuing waiver unless
otherwiso expressly provided.
2o. TENDER
Any tender of documents or money hereunder may be made upon the Seller or the Seller's
solicitors or the Buyer or the Buyer's solicitors and money may be tendered by certified
cheque.
21. TIME OF ESSENCE
Time will be of the essence of this Agreement.
22, FURTHER ASSURANCES
Each of the parties will promptly do, make, execute, deliver or cause to be done, made
executed or delivered all such further acts, documents and things as the other partyhereto
may reasonably require for the purpose of giving effect to this Agreement whether before
or after the Closing,
23. ASSIGNMENT
The Buyer may assign its interest on closing under this Agreement in whole or in part
only to a third parry or entity directly related to the Buyer and not to an unrelated arms
length third party provided that the assignee deliver to the Seller an instrument in writing
executed by the assignee confirming that it is bound by and shall perform aB of the
obligations of the Buyer under this Agreement as if it were an original signatory and the
Buyer shall thereupon be relieved of its obligations under this Agrecment.
24. FACSIMIiE TRANSMISSION
Both parties agree that facsimile machines may be used in communication of this Offer to
Purchase and other documents to complete this agreement provided that any such
facsimile transmission is confirmed by a telephone call to the other wherein the caller is
advised the facsimile transmission has been received, Upon agreement of this Offer, both
parties agree to execute original copies,
25. GOODS AND SERVICES TAXES
The Buyer and Seller hereby represent and warrant to each other that it is now or will be
by no later than the Closing Date registered in accordance with the requirements and for
the purposes of the Goods and Services Tax ("GST'7 in accordance with the provisions of
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the Excise Tax Act of Canada. The Buyer and Seller shall deliver a statutory declaration
on Closing attesting to its respective GST registration and attaching a copy of its up-to-
date GST registration number. If the Buyer is not registered for purposes of GST on the
Closing Date the Buyer shall. pay the GST exigiblo on this transaction to the Seller as an
adjustment on the Closing Date. The Buyer acknowledges that the Purchase Price does
not include any GST. The Buyer shall provide to the Seller on the Closing Date an
indemnity in a form. satisfactory to the Seller indemnifying the Seller and saving it
harauess from all costs, expanses, damages, penalties, interest and liability whatsoever
that relates to or arises from the Buyer not paying the GST exigible on the subject
transaction. This indemnity shall survive closing and act merge on the completion of this
transaction.
26. EEGISTRATION AGAINST TITLE
The Buyer covenants and agrees not to register, or cause or permit to be registered, this
Agreement or notice of this Agreement of a caution or any other document evidencing
this Agreement against title to the Property, (or any part thereof) without having 5rst
obtained the written.eonsent of the Seller to such registration, which consent may be
arbitrarily and unreasonably withheld. In addition, the Buyer further covenants and
agrees not to give, register. or permit to be registered any encumbrance against the
Property. Should the Buyer be in default of its obligations under this paragraph, the
Seller may as agent and attorney of the Buyer, cause the removal of notice of this
Agreement, caution or other document evidencing this Agreement, from title to the
property. The Buyer hereby irrevocably nominates, constitutes and appoints the Seller as
its agent and attorney in fact and in law to cause the removal of notice of this Agreement,
any caution, or any other document whatsoever from title to the Property. All expenses
incurred by the Seller therefore shall be paid to the Seller by the Buyer forthwith on
demand and until paid shall bear interest at two (2%) percent above the prime commercial
lending rate of Ike Canadian Imperial Bank of Commerce in Toronto from time to time
and be a charge on each part of the Property.
27. ENTRY
The Buyer, and its servants and agents, shallhavethe right, after execution of this
Agreement by the parties hereto, to enter upon the Property, at its own cost and expense,
in order to inspect same, make soil tests, surveying, check elevations, contours, grades,
and such other work in relation to the preparation of the Property for the Buyer's use.
SPECIAL COUNCIL — SEPTEMBER 7, 2004
SCHEDULE"B"
Attached to and forming partF,= of this Agreement of Purchase and Sale xe = CRESS
WEST OP CHAPMAN COURT, AURORA made between 9�
Buyer and THE CORPORATION OF THE TOWN OR AURORA, as Seller —
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SPECIAL COUNCIL - SEPTEMBER 7, 2004
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4588-04.L
BEING A BY-LAW to
authorize the conveyance
of land described as Part
of Lot 80, Concession 1,
EYS (Kylemore Homes).
WHEREAS Section 268 (1) of the Municipal Act 2001, S.O. 2001, c.25, as amended
authorizes the Council of a local municipality to pass by-laws for the sale of municipal
land;
AND WHEREAS the municipal Council of the Corporation of the Town of Aurora
enacted By-law 4492-041, being a by-law to declare surplus the lands set out on
Schedule "A" hereto;
AND WHEREAS the municipal Council of the Corporation of the Town of Aurora deems
it necessary and expedient to convey the surplus lands to Kylemore Homes Ltd. (In
Trust);
AND WHEREAS the provisions of the Municipal Act and Land Sale By-law 4255-01.A
have been complied with;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT Council does hereby authorize the conveyance of the lands described on
Schedule "A" hereto to Kylemore Homes Ltd. (In Trust) on the terms and
conditions set out in Town of Aurora Report ADM04-020.
3. THAT the Mayor and Clerk are hereby authorized to execute all documentation
required in connection with the conveyance thereof.
4. THAT the provisions of this By-law shall come into force and take effect upon
third reading thereof.
READ A FIRST, SECOND AND THIRD TIME THIS DAY OF , 2004.
T. JONES, MAYOR
B. PANIZZA, TOWN CLERK
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By-law No. 4588-041 Page 2
Schedule "A"
All and singular the following lands and premises situated in the Town of Aurora,
Regional Municipality of York, formerly in the geographic Township of Whitchurch:
Part of Lot 80, Concession 1
Designated as Part 2
On Reference Plan 65R-27072
sm
SPECIAL COUNCIL — SEPTEMBER 7, 2004
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4591-04.0
BEING A BY-LAW to
Confirm Actions by
Council Resulting From
The Meeting of
September 7, 2004.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA
HEREBY ENACTS AS FOLLOWS:
THAT the action of the Council at its meeting held on September 7, 2004 in
respect to each motion, resolution and other action passed and taken by the
Council at the said meeting is, except where prior approval of the Ontario
Municipal Board is required, hereby adopted ratified and confirmed.
2. THAT the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
READ A FIRST AND SECOND TIME THIS 71H DAY OF SEPTEMBER, 2004.
READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF SEPTEMBER, 2004.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
ADDITIONAL ITEM TABLED FOR
SPECIAL COUNCIL MEETING
Tuesday, September 7, 2004
➢ Correspondence from Ken Turriff
Re: Chapman Court Extension
Jones, Tim
From
Sent:
To:
Cc:
Subject:
RE: DM04-020 - Disposition of Property - Wellington Street
and Bayview Avenue, Chapman Court Extension / A BY-LAW to authorize the conveyance of land
described as Part of Lot 80, Concession 1, EYS (Kylemore Homes)
Dear members of Aurora town council,
My wife, three-year old son and I live at .Millcliff Circle, rear facing on the above
mentioned public land.
We want to register our objection to the sale of this land in advance of tonight's Special
Council Meeting Agenda (ND. 04-28)..
The land in question should remain as public green space rather than be sold for
residential development.
Lot 80, Concession 1, meets up with nearby recreational pathways and is also close by to
the Sheppard sugar Bush conservation area.
Moreover, this parcel of land is part of an essential habitat for a variety of wild life
-- blue herons, a variety of song birds, ducks, a family of white tailed deer, beavers and
frogs. We have taken numerous photographs and videos of this incredible eco system that is
just a stone's throw away from our back yard.
Development of this Land will surely endanger this natural habitat and as such is not in
keeping with the town's own strategic plan concerning continuing controlled, well planned
growth - i.e. sustainable growth that respects the environment and rapidly diminishing
natural green space.
I think that our objection and concerns are shared by many of our neighhours on Millcliff
Circle, Chapman Court, Hawtin Lane and stone Road.
In consideration of this, we would ask that Aurora town council reject the purchase offer
from Kylemore Homes and retain the lands at this time. Furthermore, we would ask that town
council ensure that there is a thorough public discussion on any future plans with respect
to the sale of this land and any other ecologically -sensitive lands within town borders.
Yours truly,
Ken and Susan Turriff
-Millcliff Circle
Aurora, ON LOG 7N9