HomeMy WebLinkAboutExecutive Committee Appendices 1994EX/ Att
THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
AGREEMENT
KLEINBURG HILLS ESTATES LIMITED
and
THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
Executive Committee Meeting #1 /94
March 4, 1994
Authority Meeting #2/94
March 25, 1994
- s
AGREEMENT OF PURCHASE AND SALE
EXZ/9%1
VENDOR, KLEINBURG HILLS ESTATES UMITED. offers to sell to PURCHASER, THE METROPOUTAN TORONTO AND
REGION CONSERVATION AUTHORITY, on the terms and conditions herein contained the following PROPERTY being: Pan of
Lot 26, Concession 9. City of Vaughan. designated as pan of Part 1 and all of Parts 2 and 3 on Plan 65R -10951 and being: (1)
Lots 1 -14 and Blocks 15 and 16 on draft Plan 65M- prepared by J.D. Barnes Limited Reference No. 91 -21- 683 -0 -8,
and (2) Block 9 on draft Plan 65M- also prepared by J.D. Barnes Limited Reference No. 91- 21- 683-0-A. Copies
of the 'said draft Plans 65M- are attached hereto as Schedules 'A' and 'B' respectively and the Property is outlined
thereon in red and is herein referred to as the 'Property'. The Property consists of 6753 acres The PURCHASE PRICE of the
Property is ONE MILLION SIX HUNDRED AND THIRTY -FIVE THOUSAND CANADIAN DOLLARS (CON S1.635,000.00).
1. PURCHASER will submit with its acceptance of this Offer TEN THOUSANDCANAOIAN DOLLARS (CON S10,000.00)payable
by cash/cheque to the Vendor as a deposit to be held by it In trust pending completion or other termination of this Agreement
and to be credited on account of the purchase price on completion, provided if this Agreement is not completed through no
fault of Purchaser, the deposit shall be returned without interest to it
2. PURCHASER shall pay the balance of the purchase price, subject to adjustments as herein provided, on completion.
3. IT is a condition of this Agreement for the benefit of Purchaser that
(1) Purchaser shall have obtained all necessary approvals, including the approval of the Province of Ontario, Minister of
Natural Resources. and the Members of the Purchaser for the Purchaser entering into this Agreement;
(11) Purchaser is satisfied with the candtion of the Property including the soil and environmental conditions; and
(ul an agreement of purchase and sale substantially in accordance with the attached Schedule 'C' being an Agreement of
Purchase and Sale between Purchaser and the Corporation of the City of Vaughan (the 'Vaughan Agreement') is
executed.
If this condition is not satisfied by May 1, 1994 this Agreement shall be at an end and the parties shall be released from all
obligations hereunder, provided if Purchaser has not notified Vendor by May 1, 1994 that this condition has been satisfied
or waived, the condition shall be deemed not satisfied and not waived and the deposit shall be returned to Purchaser without
interest.
4. EXCEPT for Permitted Encumbrances described in Schedule '0', Vendor stall discharge at his own expense all liens, charges
and encumbrances affecting the Property on or before completion.
5. VENDOR agrees that this Offer shall be irrevocable by it until 11:59 p.m. on the 12th day of April, 1994, after which time, if
not accepted, this Offer shall be null and void.
6. THIS Agreement shall be completed Immediatety following, either on the same day or on the next following day the relevant
Land Registry Office is open for business, as determined by Purchasers solicitor, the successful dosing of the Vaughan
Agreement and it shall be a condition of this Agreement, for the benefit of Purchaser that the Vaughan Agreement shall have
been completed and the sale proceeds are available to Purchaser to complete the purchase herein. provided that if the
Vaughan Agreement is not successfully completed by August 31. 1994 or if it is earlier terminated, either party hereto may
terminate this Agreement at any time thereafter on notice to the otter party whereupon this Agreement shall be null and void
and both parties shall be released from all obligations herein to the other except as provided herein. Upon completion, vacant
possession of the Property shall be given and Purchaser shall give to Vendor, in addition to the balance to be paid by
Purchaser on the dosing date as provided herein,
(a) all Interest earned by the Purchaser on 31.635.000 of the 51, 722.000 received by Purchaser pursuant to paragraph 3 of
the Vaughan Agreement from the date of receipt by Purchaser to the dosing date on the completion of this transaction
and in this regard the said sum of $1, 635,000 shall be invested in term deposits or GICs of the Royal Bank of Canada
by Purchaser that mature on or before the dosing date as selected by Vendor,
(b) a receipt issued to the Vendor indicating it has made either to the Purchaser or the Conservation Foundation of Greater
Toronto, both of which are registered charities under the Income Tax Act of Canada, a gift of 5390,000.00 less the
difference between the appraised value of the lands outlined in red on Schedule 'F', as determined by Purchasers
appraiser, and 312, 000.00 which receipt shall contain the registration number of the issuer for the purpose of giving
charitable receipts under the Income Tax Act of Canada and a further similar receipt shall be given as and when the
option referred to ki paragraph 6(c) expires and is not exercised or is terminated. which receipt shall be in the amount
of the said difference;
(c) an option at no oast to Vendor exercisable by written notice within eighteen months from the closing date to purchase
approximately four (4) acres of land owned by the Purchaser and outlined in red on Schedule 'F' for the sum of
312.000.00 subject to the usual adjustments and to and conditional upon:
(1) a consent being obtained by Vendor at its cost inducting the cost of any surveys, pursuant to the Planning Act
and Purchaser agrees it shall not object to any such consent being granted;
i the approval being obtained by Purchaser pursuant to s. 21 of the Conservation Authorities Act;
1 the sale being completed within two (2) years of the dosing date herein and with title being satisfactory to Vendor
as at the completion date.
7. PURCHASER shall be allowed until 11:59 p.m. on the 30th day of Apnl. 1994 R 2.
aY ( equisition Date) to examine the title to the
Property at his own expense. and to satisfy himself that there are no outstanding municipal wont orders or dnfiaency notices
affecting the Property. Vendor hereby consents to the municipality releasing to Purchaser details of a: outstanding municipal
work orders or deficiency notices affecting the Property and Vendor agrees to execute and deliver to Purchaser such further
authonzations to this regard as Purchaser may reasonably require.
8. VENDOR and Purchaser agree that there is no condition, express or implied. representation or warranty of any kind that the
future intended use of the Property by Purchaser is or will be lawful.
9. PURCHASER acknowledges having inspected the Property prior to accepting this Offer and understands that upon accepting
this Offer there snail be a binding Agreement of Purchase and Sale between Purchaser and Vendor.
10. PURCHASER shall not call for the production of any title deed. abstract. survey or other evidence of title to the Property
except such as are in the possession or control of Vendor. Vendor agrees that he will deliver any sketch or survey of the
Property in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed for
examining title.
11. PROVIDED that the title to the Property is good and free from all registered restrictions, charges, liens. and encumbrances
except as otherwise specifically provided in this Agreement, or listed in Schedule D. If within the specified times referred
to in paragraph 7 any valid objection to title or to any outstanding municipal work order or deficiency notice. is made in writing
to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this
Agreement notwithstanding any intermediate acts or negotiations in respect of such objections. shall be at an end and all
monies theretofore, paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or
damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title.
Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property.
12. PROPERTY shall remain at risk of Vendor until completion.
13. PROVIDED that this Agreement shall be effective to create an interest In the Property only if the subdivision control provisions
of the Planning Act are complied with on or before completion. Purchaser represents and warrants the property is being
acquired by it for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the
preservation of environmentalysensitive lands under a project approved by the Minister of Natural Resources of Ontario under
section 24 of the Conservation Authorities Act of Ontario and Purchaser covenants and agrees to deliver to Vendor on or
before closing a statutory declaration made by one of the Purchaser's officers stating the property is being acquired for at least
one of the purposes.
14. PURCHASER shall be credited towards the Purchase Price with the amount. if any, which it shall be necessary for Purchaser
to pay to the Receiver General of Canada in order to satisfy Purchaser's liability in respect of tax payable by Vendor under
the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor
delivers on completion the prescribed certificate or his statutory declaration that he is not then a non - resident of Canada.
The Vendor and Purchaser agree that any Goods and Services Tax payable in this transaction is in addition to the purchase
price specified above and will be paid by the Purchaser. The Purchaser agrees. in lieu of paying any Goods and Services
Tax to Vendor. to provide to Vendor on dosing a duly executed and completed Declaration and Indemnity in the form of the
draft attached as Schedule 'E' hereto which, among other things. states the Purchaser's registration number for Goods and
Services Tax purposes and contains the Purchasers undertaking to pay any Good and Services Tax that may be exigible.
15. ANY realty taxes shall be apportioned and allowed to the day of completion (the day itself to be apportioned to Purchaser).
16. THE Transfer /Geed shall, save for the Land Transfer Tax Affidavits. be prepared In registrable form at the expense of Vendor.
If requested by Purchaser, Vendor covenants that the TransferDeed to be delivered on completion shall contain the
statements contemplated by clauses 49(21a)(a) and (b) of the Planning Act, 1983.
17. TIME shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for
herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective
solicitors who are hereby expressly appointed in this regard.
18. ANY tender of notices, documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors.
On the day for completion of this Agreement, money may be tendered by bank draft or cheque certified by a chartered bank,
trust company or Province of Ontario Savings Office.
19. THIS Agreement including schedules attached hereto shall constitute the entire agreement between the Purchaser and
Vendor. There is no representation, warranty, collateral agreement or condition. whetter direct or collateral, or express or
implied, which induced any party hereto to enter into this Agreement or on which reliance is placed by any such party, or which
affects this Agreement or the Property or supported hereby other than as expressed herein. This Agreement shall be read
with all changes of gender or number required by the context.
20. NO insurance shall be transferred on completion.
21. Purchaser shall not be responsible for any real estate broker charges or commissions payable to any broker retained by the
Vendor.
22. Purchaser shall, provided it keeps the Vendor advised of its activities, be allowed at Purchaser's own expense and risk to
inspect the property and conduct soil and environmental tests and take samples for'sucn tests thereon and therefrom after
acceptance of this offer by Purchaser and prior to May 1 ,1994. if ail of the conditions provided for in paragraph 3 hereof are
waived or satisfied, Purchaser shall be allowed to inspect, conduct tests and take samples as aforesaid thereafter until title
is transferred to the Purchaser or this Agreement is terminated. Purchaser shall at its expense restore the property as nearly
as possible to the condition existing prior to any inspection, samples or tests made or conducted thereon, as soon as possible
after the inspection, testing or sampling. Purchaser will not release, divulge or make known the results of such inspections,
tests or taking of samples to any person or entity until it has provided the Vendor with a full copy of such resufts and has
obtained the Vendors consent in writing to its releasing, divulging or making known such results to the person or entity for
whom consent is sought. The Vendor acknowledges and agrees that unless and until such consent is given, it is not possible
, E XLI it
for the condition in paragraph 3 hereof to be sausfied; it being acknowledged by Purchaser that Vendor has no obligation to
give such consent. Purchaser will, in any event. provide Vendor with a copy of all such results.
DATED at , this day of 19
IN WITNESS whereof the undersigned has duty executed this
Agreement
KLEINBURG HILLS ESTATES UNITED
Per. (Affix Seal)
Per. (Affix Seal)
THE UNDERSIGNED, THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY accepts the above Otter.
DATED at , this day of 19
THE METROPOLITAN TORONTO AND REGION CONSERVATION
AUTHORITY
Per. (Affix Seal)
Per. (Affix Seal)
Auts51133233.
mmw
'€X5/4y
SCHEDULED'
1. Easement 39418 (Vaughan) in favour of TransCanada Pipelines Limited
AGREEMENT OF PURCHASE AND SALE
VEHOOR. THE METRCPCUTAN TCRCNTO ANO REGION CCNSERVAT1ON AUTHORITY offers to as to PURCHASER THE CCRPORATICN OF
THE CT/ CF VAUGHAN the fotowng PROPERTY: fronting on the scum ad. of Rouse/ad Road In us City of Vaughan. =sang of
aoprox.maey 12 saes more or leas and more partiadarry described n Schuss 'A' (Me 'property) subset to and reserving unto Vendor a S maw
sae easement to access to ac)onng tarps of Vendor at a location on the properly to be mutually agreed on by the puree poor to Jun. 1. 1994. at
the PURCHASE PRICE of ONE MIWON. SEVEN HUNDRED AND TWENTY-TWO THOUSAND CANADIAN DOU.ARS (CON $1.722000.001
provided Purchaser wit at its expense, aakvw to Vendor by MO requisition date • boundary urea in day bum of a reference plan and legal
d.soloucn of we properly, prepare, by an Ontano Land Surveyor. together 4th a certificate of the 'ovum ahowIn9 tie pease area of the
correct to wee decimal lbwly
estates vendor all co-operate with Purchaser in estabrYang tie boundaries of the proper. The Dcre+nas. Once all be
moored based upon a rake at 5143.500 pen ace for the property. The tams and conadlons of the sae all be as forces:
1. PURCHASER vol pay to Vendor am.alatety upon execution of the Agr.enen by Purchaser SEVENTY -EIGHT THOUSAND CANADIAN DOLLARS
(CDN 378. 000.00) payable by Nc111 u . The perils acknowledge the said sun of 578400 may be used by Vendor. in shone or in pert for. ntw
ells tM removal and relocation of nman trees and other vegetation from the progeny poor to envy onto the property by the Purchaser u hereinafter
provided and aocordangy the said sum of 378.000 s non -refu ndabl. In any event emeat r or not the sale antemoWed herein • NmpWed and
wn.Wer a not, d not competed. the taus to atmpee • the neat of any draut by Vendor. The said sum of 578.000 char not be mmwda.d a
depart on account of the pureness pr1ce her.rn and char not be created against the purchase pasta
2. VENDOR agrees this are Offer shat be rr.vonbe by it until 11:59 p.m. on the 8th day of Apra 1994 after ankh time. d not accepted. this Otter
ahail be null and void and we deposit yell be returned to Purchaser afoul rarest or Omaha
3. Tug Agrewmwk after be computed ten (10) days after recap by Vendor of the OMw- in- Council ("CIC) saved pursuant to section 21 of the
Conservation Authored s Apt approwng the sae of the property to Purchaser provided if the ac has not been saved by June 30. 1994. w+r
Agreement Yee be nW and void and act of the paad a shall be reeved of as of freer obligations to the oiler. prodded it the said CIC has not been
canned by Jun. 30. 1904. ester pony may by notles given not later than .Jun. 30. 1994. Woge the date to the issuance and obtaining of the CIC
to any der on a poor to December 30. 1904 and the clause 3 shall be mug eyed amergW accordingly. Purchaser shall fey vacate the
property and all inetartements char be the sae property of the Venda. Notw standhg the Cawing Oate has not oxwra4 Purchaser may enter
onto the proowty r any time after Jun. 1. 1904 upon ten (10) days nodal to the Veda and upon payment to Vendor 04 we stem of $1.722.000 on
or poor to .ire 1. 1994. each amount Yee be credited on accent d Me Nechese price on completion and veva shell be refunded to Purchaser,
without interest. d the transaction • not carpeted 9rougn no fault of the Purchaser, and make the Wowing improvements to the property,
(a)
(b)
(c)
provdId Purchaser has first
(1) agreed knsting to ind.mrry and hold the Venda armless from any and a4 louse. cosh or expenses (incJudng eves and expenses
interred as a real a any lion dam pursuant to the Construction Lin ACC of Ontanc) Vendor may suffer or incur as • resat of any
infury. 4Ordng darn or damage to peraan or p•paty atsng alit of a n any way connected eat such
of the tongorg improvemn.na such in ermdy to be n a tam and content satsiwxory to Vendor, entry or the carrying out
(9) has provided to Veda proof c public labia Insurance m.mrg bah Vector and Purchaser as named insureds 4th an insurance
company and In an amount, brie and antra satsladory to Vendor.
4. PURCHASER shat be droned will 4:00 p.m. on to 25th day of Apr*. 1994 (Rsquedon Data) to scams the Ude to the property at its awn expense.
5. VENDOR and Purchaser agoe that then s no aratlon. express or apples, eprede talon a warranty of any lard that the Mw. intended use of
property by Pwwfaa.r is or %r be awful
8. PURCHASER aekrowtedgse having iso.eted to property poor to submitting Ma Offer and wosrstands that upon Vendor
sear be a landing ..
Agrm.ml of Pureness and Sake between Pw w anu and Vendor. keg tths Offer there
7. PURCHASER Mal not ail for erne prooucdon of any tits deed. amnia suvey or other evidence of tike to the property accept such as we in to
posssuiom a oonbal of Vendor. Veda agues that R all delver icy sketch or surrey d the property in la pwasuion or %whin ts carol to
Purchaser as soon as usable and prior owe lee day allowed tor aurnk icg tpa
8. PROVIDED plat we M. owe property is good and bee bop all registered rerrfdons asides. lens and encumbrances a> cept as operas*
sbeaficay panda' it the A¢ssmed and uve and =apt for (a) any registered rest nclors or covenants that nm %wh we land providing that such
are complied arc (b) any rewired mcncapr adreemrho and registered aromas rail publicly regulated Wiles providing such have been
complied vat or scanty Ise been posted to ensue oompr110e and oompletfah. as evidenced by a ledr from the relevant municipally or regulated
may. (id arty mesa essenkees br the soppy of domestic ugly or telephone swims owe property or agaoed Pcoperdey and (4 wy easements
for drainage. storm or sanitary sewers. public Way Ina telephone Ines gable television Ins a caw services a ich do not ntatw0Wy affect the
Omani tree awe popery. K nein we aowYled time reamed to in paragraph 4 WI valid ob jecon to tide le made n ailing le Venda and each
Veda • cable or seeding to cermove. remedy a satisfy and each Purchase wd not wens. a1 Wore Arne 1. 1904. tie Agreement nolwllstandrg
any Immediate act or cegotlatlas in repaid d arh.bjecnote. null* at an end ant all moms whreolore peed shall be mama rased aerate
or dedtadon and Venda shoe not be fable for wry cods or damages. Save as to any valid oC).etlen an made by such day. and are has not been
waived or inisflel and apt for any oaicdon gong owe root of the We wet Pweesr could not here known of by the requisition date what
Purchase anal be oandeney deemed to have accepted Vedas ter to the property.
9. PURCHASER acknowledges wet a canal puns. trees and shrubbery we not Included awe purchase ace and may be removed by Ptsc haiw
prior to sine 1. 1904 and whereafter so long as the removal dose not barters rah Purchasers mnsbucdon and improvements on as property.
10. PROVIDED that the Agreement Sher be efledie to create an interest In the property any d the subdivision control proviias of we Pawning Ad
are aanpMd sal by Venda an or Woe cotyledon.
11. PURCHASER represents t W red be a non-resident d Canada %9yl we meant% of the }home Tar Act on the dosing data
12. ANY realty taxes. local Improvement charges water and mastered any charges as applicable she/ be apponbned and allowed to .ire 1. 1994
(we day 1344110 be apporoon.d to Ptasna.er) arch elhoboherhs shall be male on .Jane 1, 1994.
P0,11 rat. OM na.1)
--Erl /79
THE Transfer/ Deed flea save for 11e Land Transfer Tat Afftdana be preoered rn r•gauawe form a tie expense of Vendor and the µptyaq. N
Me expense of Pwolaf.r. If requested to Purchaser. Vendor covenants that the TranatenC.ed to a 014vernd on 0ompenon snail domain the
flats mesa oat ntemputed fly clat.o.s 30122)111. (DI and (el 01 the Ptsrvung Act. 1990.
14. TIME shag n W respects be of the essence hereof crowded uha the tune dot doing or cdmpeung o1 any manes provided to herein may be emended
or abridged by an agre.rn.nt in writing upon by Vendor and Puralame or by then re.o.aM farotaa 1110 are heseoy exprs.5ly and: anted fed n 1hr
regard.
15. ANY nonce., tender 01 documents or money hereunder may be made upon Vendor or Purchaser or then resewMe 3onators. On Ih. day for
0ompetlon of this Agreement. money may be tendered by bank draft or deers combed by a chartered bank, trot company or Province of Ontaro
Swoop Office.
I Agreement Including Sdooute 'A' attached hereto shall contmbRe the wnbre agreement between the Ptmraser and Vendor. There is ro
warranty. ootiaera agreernent a cormtlom wader direct or midterm. or express or MOW. whk11 induced any party hereto to enter
into tints Agreement or on an dh reduces pieced by any such party, or which .fleas the Agreement or the pros.ny or swooned horsey case than
as expressed herein. This Agreement stud be reed with d manges of gender or number nquand by the context.
17. PURCHASER shall deliver to Vendor on a before the closing date. evidence by way of stab/wry dacaraln of a duty attrarced officer a
r.or sorxaUva of the Purchaser mnlfrmag registration o1 the Purchaser for goods and winces tax puttee.. pursuer. to the Excise Tar Ant d1
Canada. a registration number thereunder together 11th the Plachas.rs written wldertaxIng to remit any relevant 9oods and services tat wnhh may
wugsble wadi reaped to the transaction hsrwn, failing wflai Purchaser stud pay to Vendor on the cowg date al goods and services twee under
the Eras. Tax Art
110 NO remedy mnfand a upon or reserved to any of the partsa s mended to be exclusive of any other remedy herein a at law but each and
tai remedy shall be onmaawr. and anal be in addition to .very other rrn.dy given hereunder. or not existing, a hereafter (0 exist by law every
19. THE panda hereto agree to perform such nether acts. execute and dallver such documents and to provide such offer assurances as may be
reasonably requested In order to army out and perform the obdgallons heron oontaned. Each party will be respired* for b own legal tees and
expenses slated to the wi11W1 transaction.
20. EACH pwty dovuwri with the odor that. it connection with the within bans.erion dl purchase and sale. it has not employed a reel awake agesnt
a broke and. in that regard, each party covenants to tiny khdemywy and lave hemline the other with respect to any dens fa brokerage or si n tar
fees made against the other as • read d Si. ernpbymest of aunts troller or agent by such .mpbynq pan. The provahors hereof shad not merge
upon dosing Du shad continue thereafter In for tome and effect.
21. THE words lla mof. herein, hereunder and similar expressions teed In any s.etbn or paragraph of 0110 agreement nute to the shote of this agreement
and not to that secdon or pangrapn shy. unless stenos. expressly provided
22 THE obligations d the Purchaser herein are conditional upon Purchaser. In its absolute deaation. being satisfied with the mnddlon of to soft.
growhawaur and general envronmental =dike of the property, was Ptrcnafer has notified Vendor in wnfinq on or Isidore the R•gtledln at.
Q s not so satisfied. Purchaser shad be deemed to be satisfied with the sods. gtotndw.tr and general errnmola cal condition at the property.
Vendor shed permit Purchaser and its a:hoours rsprus.tra v.s reasonable 30x11* to the proowiy for the pupose d making lots. groundwater.
woromnr.al or other testa nraw.mrhb a savoys in. an a Dhow the property provided Plx hssr shag do so at 4 own expense and Mk and
shad not freedom with the operators of Veneta' on the property and shad real the property to srbatarrlady the a.m. state in which it was Wore
such access by Pucneser.
22 PURCHASER acknowledges Mel to property is bang purchased on an *as S. wire is' basis and without tmrkg the generality at the fa.gonq,
to Vendor is flukng no npruruaton a warranty witlh 1.50.1* l any wood of to property including the compdance thereof with any environmental
Muniments under arty its"=' • rwgtlator. ewe a 01014 applicasee law and Purchaser hereby releases Vendor from any dam it may have againt
Vendor. now or in the tubas s a m. u/ of or in any way corrected with the property and anal hater ind•mnty and hold hamdas Vendor from any
dares mad. agora' Vendor by arryne as a resit at or in any way connected with the environments condition at to property. The release and
indemnity as contained herein slid not merge on the clung d the sae but shad remain in full force and effect
24. PURCHASER acknowledges and agrees tut 1 enact
(a) proud• • And drylomrnt plan to Vendor which shall Vow dranag• patters. landscaping. vegetation. butter fencing and access arse from
the progeny to the Vendors nursery to the south d the property on or pnor to the Pwehas.r orsrng onto to property to carry od b
Wormwood' %th)ds pion shall be 4st approved in wrtrl9 by Vendor. Wilds approval shall not be trre.sonaby wan h.kt
(b) to dry out storm water management practcas an is property to the reasonable satisfaction d to Vendor
(c) to maul chain dnk finning to V•rdors standard on to south and east boundaries of the property which hoeing anal include one glue at •
iocaton t0 be determine/ by Vendor,
(d) t0 establish a 5 mater vegetation bider on Vendors lends to the east d the property,
air
at wfnidh std De due at to mot at Pucaser and in a manner and at times reasonably saidadory to Vendor.
25. IP to dcarg date shat fd upon a day n %filch to relevant Land R•gsby Otte / not open ter buskins thorn the closing sisal be the next day
tolow.g het the said Land Regany Mee • open for Memos.
2E AFTER execution of Q* Agreement a any reasonable One or times thereafter and prior to June 1. 1904 Purchases or wmyon• desq .d by a Thal
be edged t0 enter upon the property a b awn averse and ads own rent for the purpose at nuking savoys as lepured heron.
IN WTTNESS shred OS Agnesmert mess teen duly executed belle Metropolitan Toronto and Region Conservation As/booty dye _ day
d 1904.
THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
Per.
Pic
Ian 11. soh (10.1)
THE CORPORATON OF THE QTY CF VAUGHAN nearer/ accepts yr score od.r and has duty .:.seal lints Agr..m.M Mta _ day of
1994.
THE CORPORATION OF THE CITY OP VAUGHAN
Per.
Per.
ACKNOWLEDGEMENT
INV. aanowyoge recital of a *Ygn.d copy 01 Fla. acceded Agreement
of Ptrcnase and Sala and authorize a Davy to Ia forwarded to my /our
SOHotOr
Wye aotrow4dge relate) of a Monad copy 01 M4 at:c.ol.A Agreement
of Purees.. and Sam and whom* a copy to be 1 rwaro.d to my /our
senator
(Version (oamt (Ptrcnas.r) (Oamt
(Vendors (Demi (Purclasen (Da4(
Vendors Address Purchasers Address
TeaeleilIne No.
Vendors Solicitor
Soliedors Address
Telapnon. No.
tal111•1ata.
OWNS
Porn r4 031 fleet)
Telephone No.
Ptw:nasera Sodarer
Sod:dors Address
Telpnorte No.
EX 9 b
THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
RENTAL OF CONSTRUCTION EQUIPMENT WITH OPERATORS
1994
ADDITIONAL EQUIPMENT LIST
Tender Opening Sub - Committee #2/94, March 25, 1994
Executive Committee Meeting #3/93
May 6, 1994
TENDER UNITS - RATES PER HOUR
Category
Sartor &
Susin
Vic
Priestly
Cristiana
Farry
Ambler
Courtney
Wasero
Gabriel
Filmar
Leeder
TRACTOR BULLDOZERS CRAWLER TYPE
1. 80 KW minimum net flywheel power
56.00
64.95
60.00
60.00
55.00
67.10
2. 100 KW minimum net flywheel power
63.50
69.95
85.00
74.00
84.00
74.10
3. 140 KW minimum net flywheel power
68.00
94.95
100.00
84.00
187.50
229.85
245.00
218.00
FRONT END LOADER - CRAWLER MOUNTED
1. 13,500 KG minimum operating weight
56.00
69.95
80.00
74.00
62.00
60.00
1 3/4 - 2 1/4 m3 normal bucket
2. 21,000 KG minimum operating weight
62.50
85.00
85.00
89.00
80.00
2 1/2 - 3 1/2 m3 normal bucket
118.50
154.95
165.00
163.00
HYDRAULIC BACKHOE - CRAWLER MOUNTED
1. 24,500 KG minimum operating weight
68.75
81.95
80.00
75.00
90.00
80.00
90.00
1 m3 nominal bucket size
2. 40,000 KG minimum operating weight
93.50
114.95
100.00
95.00
100.00
85.00
1.5 m3 nominal bucket size
162.25
196.90
180.000
170.00
190.00
165.00
TENDER UNITS - RATES PER HOUR
JDT /md
April 19, 1994
Category
Sartor &
Susin
Vic
Priestly
Cristiana
Farry
Ambler
Courtney
Wasero
Gabriel
Filmar
Leeder
FRONT END LOADER - 4WD RUBBER MOUNTED
1. 14,000 KG minimum operating weight
2 1/4 - 2 3/4 m3 nominal bucket size
61.75
66.95
110.00
70.00
66.10
59.50
TWO WHEEL DRIVE TRACTOR WITH LOADER /BACKHOE
COMBINATION
1. 45 KW minimum power 3/4 m3 nominal bucket size
42.50
44.85
45.00
55.00
53.90
48.00
52.00
39.50
ROCK TRUCKS - OFF HIGHWAY TYPE
1. 14,000 KG payload 7m3 minimum truck capacity
2. 23,000 KG payload 13m3 minimum truck capacity
69.75
79.00
67.95
95.95
130.00
110.00
148.75
163.90
DUMP - TANDEM REAR AXLE, DIESEL OR GAS
1. 24,000 KG minimum gross vehicle weight
39.50
41.00
44.00
45.00
46.85
45.50
44.00
JDT /md
April 19, 1994
EX. 12j9L/
THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
REVISED PROJECT FOR THE
ETOBICOKE MOTEL STRIP WATERFRONT PARK
Seahorse Motor Hotel Limited and Coney Island Motel Limited
SKETCH
Authority Meeting #5/94
June 24, 1994
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SKETCH
SEAHORSE MOTOR HOTEL LIMITED
and CONEY ISLAND MOTEL LIMITED
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THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY
HOUSE OF COMMONS COMMITTEE REVIEW
OF THE GOODS AND SERVICES TAX
Letter from Federation of Canadian Municipalities, dated April 14, 1994
Authority Meeting #5/94
June 24, 1994
Alderman Ron Hayter
Edmonton, Alberta
President
President
Mayor Laurence Mawhinney
Lunenburg, Nova Scotia
Fiat Vice President
Premier vice - president
Mayor John Les
Chilliwack, British Columbia
Second Vice President
Deuxieme vice - president
Councillor Bryon Wilfert
Richmond Hill, Ontario
Third Vice President
Troisieme vice - president
Le maim Margaret Dclisle
Sillery (Quebec)
Praidentesortante
Past President
James W. Knight
Executive Director
Directcur general
Federation of Canadian Municipalities
Federation canadienne des municipalites
April 14, 1994
Cif(
APi,. 1 9 1994
T "°
OTC Ct• CS----
His Worship Mayor Walter Mulkewich
and Members of Council
City of Burlington
P.O. Box 5013
Burlington, Ontario
L7R 3Z6
Dear Mayor Mulkewich and Members of Council:
MUNICIPALITIES MUST RESPOND TO GST REVIEW
This is to bring you up to date on the review of the
Goods and Services Tax (GST) by the House of Commons_
Standing Committee on Finance.
The 57% GST rebate for municipalities achieved by
FCM in 1990 involved three years of arduous analysis by
he
FCM, the Departments of Finance and the
provinces, the private sector, local g overnments
other public institutions.
Municipalities pay 7% GST on all purchases 'but
receive a rebate of 57.14 %. The rebate arises from the
fiscal accord between FCM and the federal government that
municipal governments would carry no greater burden under
GST than they experienced under the previous Federal
Sales Tax. The rebate osed to contracting to favour
self supply (as opposed to the private'
sector) inherent in the GST structure.
Carrying through on the Liberal Government's
campaign promise, the Commons Finance Committee began.
exploring alternatives to the GST in February. It will
present its report t� Parliament by June 1, 1994.
24, rue Clarence Street. Ottawa, Ontario KIN 5P3
Tcicphonc/Telcphone: (613) 241 -5221 • Fax/FElecopieur: (613) 241 -7440
International Office /Bureau international:
Telrnhone/ tzknhone: (6131 241 -8484 • Fax/Teleeomeur: (613) 241 -7117
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FCM appeared before the Committee on March 21 and
argued that no greater burden should be imposed on
municipal governments through reform or replacement of
the GST than now exists. Property taxes cannot be
considered a potential source of new federal monies. I
attach a copy of the minutes of our presentation.
In its quest for a "simpler" form of GST with a
broader base and lower rate, the Commons Committee may
propose the elimination of _the GST rebate for munici .
governments or of the exempt status of municipalities
whereby no GST is levied on most municipal services.
The result would amount to a federal tax grab taking
hundreds of millions of dollars from municipal
governments and or their ratepayers. Every municipality
in Canada would be seriously affected by such a move.
FCM will continue its efforts on a number of
fronts, but it is important that member municipalities
make their voices heard. I urge you to press the
Minister of Finance, Minister of National Revenue,
members of the Commons Finance Committee and local MPs
to secure a commitment that "no greater tax burden will
be offloaded onto municipal governments through reform
of the GST ". For your convenience we have attached a
list of members of the Commons Finance Committee and
addresses for the two Ministers.
I thank you for your continuing support and urge
your attention to this important matter.
RH /dm:sd
Enclosures
2
Yours sincerely,
Alderman Ron Hayter
President
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