Title
BRYNE DRIVE TRANSPORTATION IMPROVEMENTS - HARVIE ROAD TO CAPLAN AVENUE (EN1277) (WARD 7)
1. That the property legally described as Parts 3, 4, and 5 on Plan 51R-43112, being part of PIN 58733-1051(LT), (the “Right of Way”) as shown in Appendix “A” to Staff Report INF007-21, be purchased by The Corporation of the City of Barrie (the “City”) from Barrie-Bryne Developments Limited (“SmartCentres”) in accordance with the terms and conditions set out in the Agreement of Purchase and Sale (the “APS”) attached as Appendix “B” to Staff Report INF007-21.
2. That the City remove its condition on Council approval contained within the APS and proceed to complete the acquisition process.
3. That notwithstanding the provisions of By-law 95-104, the Right of Way be declared surplus and transferred back to SmartCentres should the City not commence with construction of the Bryne Drive extension between Harvie Road and Caplan Avenue by January 1, 2024, as required by the terms and conditions of the APS.
4. That the City Clerk be authorized to execute all associated and required documents necessary to remove the condition on Council approval or amend any term contained in the APS on the recommendation of and in a form approved by the Director of Legal Services. (INF007-21) (File T04-BRY)