HomeMy WebLinkAbout01 116 land sale970911 ont inc
e
.
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2001 -116
A BY-LAW TO AUTHORIZE THE SALE OF
LAND TO 970911 ONTARIO INC.
WHEREAS 970911 Ontario Inc. wishes to purchase from the Municipality of
Kincardine lands described as Parts of Park Lot 7, West of Huron Road, Town of
Kincardine (now Municipality of Kincardine) being Parts 2 and 3 on Reference
Plan 3R-4228 and Parts 3 and 4 on Reference Plan 3R-4529 in the Municipality
of Kincardine, in the County of Bruce;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO. be authorized to execute such documents, on
behalf of The Corporation of the Municipality of Kincardine, as they may deem
advisable to convey the lands described on' Schedule "A" attached hereto, to
970911 Ontario Inc.
2. The sale price for the said lands shall be two hundred and eighty thousand
dollars ($280,000) plus GST.
3. Funds from this sale shall be credited to the year end surplus/deficit for 2001.
4. This by-law shall come into full force and effect upon its final passage.
5. This By-law may be cited as the "Land Sale to 970911 Ontario Inc. By-law".
READ a FIRST, SECOND and THIRD TIME and passed this 26th day of
September, 2001.
~.
4 Clerk
·'
PURCH~SER.
VENDO..
SCHEDULE nAil TO BY-LMl 2001 -116
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
970911 ONTARIO INC. -f' \l-r-
TIlE COBPOItATIOII 01' TIlE ~
MUNICIPALITY OF KINCARDINE
agrees to purchase from
...~~ J,~':'-
--,', ~
the following
~L_~. III"OPERTY
___ fronting on the South side of Kincardine Avenue in the MUNICIPALITY OF KINCARDINE and heving
a frontage (>f more or less by a depth of more or less and legally described as
Parts ~ Park Lot 7, West of Huron Road, Town of Kincardine (now Municipality of Klncardine)being
parts 21 and 3 on Reference Plan 3R-4228 and Parts 3 and 4 on Reference Plan 3R-4529 {the "property"}
,
PURCH~SE PRICE: TWO HUNDRED AND EIGHTY THOUSAND Dollars (CON $280,OOO.00)
. I
=;~: =u~ ~:~~Nb~ held in trust pending completion or other termination of this agreem~~~~~~~~~~;~~~~dO)
toward the Purchase Price on completion, Purchaser agrees to pay the balance as follows:
The Puþ:haser agrees to pay the balance of the purchase price, subject to adjustments, in cash or by
certme/d cheque, to the Sellar on completion of this tnlnsaction.
~CORDITION: 3èr2-~
!1'his offer shall be subject to by-lmr approval of the Council of the llunicipality
of fiDcardille OR Wednesday. Septtmber 26. 2001.
-
SCHED\JLE(S) attached hereto form(s) part of this Agreement.
¡
1. PHA TTELS INCLUDED:
2. I'IXTURES EXCLUDED:
3. RENTAl ITEMS: The following equipment is rented and not inciuded in \he Purchaae price. The Purchaser agrees to assume the rental
contract(s!, if assumable: NONE .
4. "REVOCABILITY: This Oller shall be irrevocable by the Purchaser until 6:00 p.m. on the 25th day ôtSwptember, 2001 after
which time, if not accepted, this Offer shali be null and void and the deposit shali be retumed to the Purchaser in full w~hout interest.
5. POMPLETION DATE: This Agre$Tl8nt shall be completed by no iater than 6:00 p.m. on the 31 st day of October, 2001 . Upon
completi~, vacant possession of the property shall be given to the Purchaser unless otherwise provided for In this Agræment.
6: "'OTICES: Any notice relating to this Agreement or provided for herein shall be in writing. This offer, any counter ofter, notice of acceptance
thereof. olàny notice shali be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile rtumber is
provided ljereln, when transmitted electronicaliy to that facsimile number.
FAX No.' NOT APPLICABLE (For deiivery of notices to Vendor) FAX No. NOT APPLICABLE (For delivery of notices to Purchaser)
.' QST: If this transaction Is subject to Goods and Services Tax (G.S.T.), then such shall be IN ADDITION TO the Purchase Price. If this transaction
subect to G.S.T.. Vendor agrees to provide, on or before closing, a certificate that the transaction is not subject to G.S.T.
,
8. IrITLE SEARCH: Purchaaer shell be allowed until 6:00 p.m. on the 26th day of October, 2001 to examine the title to the property at his
own exp&I8e and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the condllions in this Agreement are fuliilled or
otherwiSØfWaived or, (ii) five days prior to completion. to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property,
that its p"'nt use lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other
govemmf$1taJ agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such
further authorizations in this regard as Purchaser may reasonably require.
9. ~¡FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future imended use of the property
by Purc r is or will be lawful except as may be specHicaily provided for in this Agreement.
10. TITLE: Provided that the IiIle to the property Is good and free from all registered restrictions, charges, liens, and encumbrances except as
oIhe!Vlis specifiœlly provided In this Agreement and save and except for (a) any registered restrictions or covenents that run with the iand providing that such
are com with; (b) any registered municipal agreements and registered agreements with publicly regulated utilllies providing such heve been complied
with, or rity has been posted to ensure compliance and completion, as evidenced by a letier from the relevant municipality or regulated utilily; (c) any
minor Ø81jernents for the~supply of domestic utility or telephone services to \he property or adjacent properties; and (<I) any easements for drainage, storm or
sanllary siewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of \he property. If
wllhin lhø,specified times referred to in paragraph 8 any valid objection to tifle or to any outstanding work order or deficiency notice, or to the fact the said
present ... may not lawfully be continued, or that the principai building may not be Insured against risk of fire 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 res~of such objections, shall be at an end and ali monies paid shall be returned without interest or deduction and Vendor. Listing Broker and Co-
operati raker shall not be liable for any costs or damages. Seve as to any valid objection so made by such day and except for any objection going to the
root of title, Purchaser shall be conclusively deemed to have accepted Vendor's tille to the property.
11. ¡CLOSING ARRANGEMENTS: Where each of the Vendor and Purchaser retain a lawyer to complete the Agreement of Purchase and Sale
of the .rty, and where the transaction win be completed by electronic registration pursuant to Part III of the Land Registration Reform Act. R.S.O. 1990,
Chep¡;.. 1.4, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the delivery of documents and the ralease thereof to the
e: aþd Purchaser may, at the lawyers' discretion: (a) not occur contemporaneously with the registration of the transfer/deed (and other registerable
¡ ertation), and (b) be subject to condlllons whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release
except in accordance with the terms of a written agreement between the lawyers.
12. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of tille to
the property except such as are in the possession or control of Vendor. If requested by Purchaser. Vendor will deliver any sketch or survey of the property
within vejIdor's control to Purchaser as SOon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation
incorpoæ pursuant to the Trust and Loan Companies Act (Cenada), Chartered Bank, Trust Company, Credit Union. Caisse Populaire or Insurance
Cornpan and which is not to be assumed by Purcheser on compietion, is not available in registerable form on completion. Purchaser agrees to accept
Vendor' wyers personal undertaking to obtain, out of the closing funds, a discharge in registerable form and to register same on tifle within a reasonable
period o/i\Ime after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee
setting oo!t the belance required to obtain the discherge, together with a direction executed by Vendor directing payment to the mortgagee of the amount
required \0 obtain the discharge out of the balance due on completion.
..130,., '; ",'.ffSPECTION: Purchaser acknowtedges ha1ling had the opportunity to Inspect the property prior to submitting this Oller and understands that
upon accelanee of this Oller there shall be a binding agreement of purchlse Ind sale between Purchaser and Vendor.
14. INSURANCE: All buildings on the proporty and III other things being purchased shall be and remain unttl completion at the risk of Vendor.
Pending .,.."pletlon. Vendor shIll hold III Inourance policies, II any, and the proceeds thereof in trust for the parties ..their interests may appelr and in the
event of substentlal d8mage. Purchaser may either terminate this Agreement end have all monies paid returned without interest or deduction or else take (he
proceeds,j any insurlnce and complete the purchase. No Insurence shell be transferred on compietiol>. If Vendor Is taking back a ChargeJMortgage, or
pUrch=1ser essuming a ChlrgelMortgaga, Purchaser shall supply Vendor with relsonable 8YldehCe of adequate Insurance to protect Vendor's or other
mo Interest on completion.
15. , LANNING ACT: The Agresment shall be effective fo create an interest In the property only II Vendor complies with the subdiVIsion control
P.~io, ns pf the Planning Act by completion and Vendor covenants to proceed dlUgently at his expense to obtain any necessary consent by completion.
£OCUMENT PREPARATION: The TransferlOeed shall, sa.... for the Land Transfer Tax Affidavit, be prepared in registerable form at the
e e Vendor, and any ChargelMortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser,
Vendor co, nants thot the Trl.sferlDeed to be delivered on completion shall contain the stotements contemplated by Section 50 (22) of the Planning Act.
RS.O.1990.
17. i:SIDENCV: Purchaser shall be credited towards Ihe Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of
N~tion8l., ue 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. rthaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaraUon that Vendor is not then a
non·resideht of Caneda.
18.. ADJUSTMENTS: Any renls, mortgage interest. realty taxes inctuding local improvement rotes and unmetered public or private utility chlrges
and u rad cost of fuel. as applicable. shall be apportioned and allowed to the day of completion. the day of completion itself to be apportioned to
Purcha
19,
herein m
IME LIMITS: Time shotlln an respects be of the essenos hereof provided thot the time for doing or completing of any matter provided for
be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically
In thet regard.
20. tENDER: Arrf tender of doCUments or money hereunder may be made upon Vendor or Purchaser or their respective lewyers on the day set for
completioq. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office. CredK Union
or Caisse populaire.
21. FAMILY LAW ACT: Vendor warrants that spousal consent Is not necessary to this transaction under the provisions of the Family Law Act,
R.S.O. 1 uniess Vendo(s spouse has executed the consent hereinafter provided.
22. FFI: Vendor represents end warrants to Purchaser that during the time Vendor has owned tha property, Vendor hes not caused any building on
the 10 be Insulated with insulotion containing urea formaldehyde. end that to the beSt of Vendor's knowtedge no building on the property contains or ~
has ever insulation that contains urea formaldehyde. This warranty shall survive and not merge on the completion of this Irensaction, and lithe
building Iojpatl of a multiple unil building, this warranty shan only apply to that part of the building which is the subject of this transaction. I\. \ ($V'Q.. - "'"Ç' ó: .
23. CONSUMER REPORTS: The Purcheser is hereby notified that a consumer report containing cred1l end/or personal inlo;;;'ation maÿ"!(.
referred ,,*In connection with this transaction.
a. I"GENCY: It is understood thot the brokers involved In the transaction represent the parties as set out In the Confirmation of Representation
'P ;AGREEMENT IN WRITING: If there is conflict be_n any provision added to this Agreement (including eny Schedule oIIached hereto) and
any provIoon In the standard pre-set portion hereof, the .- provision shallsuporsede the stendlrd pre_t provision to the extent of such conflict. This
Agreem~' , induding any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation,
warranty,· O.teral agreement or condition which affects this Agreement other than as expr8$sed herein. This Agreement shall be read with all changes of
gander or umber required by the contex\.
26. UCCESSORS AND ASSIGNS: The heirs. executors. administretors, successors and assigns of the undersigned are bound by the terms
herein.
. I
DATED !It the Municipality of Kincardine this µ~day of September, 2001.
StGNED¡ SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal
~ ~l""'\\¡\ Ú...\,....lha "-,,,c., ,.
(Wllnea ,L, _~"'/ I (Pu¡;þ,øser) (seal) (Date) ~
~_.JJiM. ~ þ^'.\'u~ h--tNJCA,...\..l........,. ,~j I
(Witnes~) (Purchaser~ I -11ãve autbor~(Dale) 10\
bind the Corporation. ë
I'The:;' erslgned Vendor, agree to the above Offer. I hereby Irrevocably instruct my er to pay dlrectty to the Listing Broker the unpaid
.balathe commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the
proceed of the sale prior 10 any payment to the undersigned on completion, as advised by the Listing Broker to my lawyer.
DATED þt the Municipality of Kincardine this ~lJ'day of September, 2001.
ae I, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto sel my ha~~
.. Th" ('OR~OR.Aï,ð-ol rf \'1\6 ......u~'( \~1'\.\"-'1</1f:.~}" ~:'::.--=-~r,.
~~l 5....';?.,.no ""vfl ~eal) (Date \~~4 4 [2/:,~
(Witne ) ~) /' . J:\ . CJ ' (Seal) Date~:;¡o :....,;- _ '-- s-
'--- ~ .. -.:~
, ,....... .. -'"... \
SPOU$AL CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evl~11erein purs.ua~t tÒ\!he
Provi, SitS of the Family Law Act, R.S.O. 1990, and hereby agrees with the Purchaser that he/she willexec~"e~,o!;jnc!dentat
docum ts to give full force and effect to the sale evidenced herein. ...........~/.~...'.;.~ ..-
""-/-',J./iJ'!'~~~·
i ,.
(Witnesþ) (Vendor) (Seal) (Date)
/,)
CONFIRMATION OF EXECUTION: Notwithstanding enything contained herein to the contrary, I confirm this Agreement with all changes
both typed and written was finally executed by all parties al Place a.m.1p.m. this day of .
¡ (Signature of Vendor or Purchaser)
¡
ACKNOWLEDGEMENT
I açk~ge receipt of my signed copy of this accepled
Agreel1enl of Purchase and Sale and I authorize my Agent to
fOrwa", a copy to my lawyer.
I
&J
I acknowledge reœlpt of my signed copy of Ihls accepted
Agreement of Purchase and Sale and I authorize my Agent to
forward a copy to my lawyer.
Date
Purchaser
Dale
Address for Service:
Vendorls Lawyer: Graham E. Mahood
'1'"-
,
r
Fax ·Number
Address for Service: 616 Lynden Crescent. Kincardine
Purchase(s Lawyer: Graham E. Mahood
Telephone Number Fax Number
·
·
·
~
~~',..
THE MUNIClPALI1Y OF KINCARDINE
TENDER RESULTS
CONTRACT NO. 2001-12 -.. WlleeI Drive, Full Size Extend a Cab, One-HalfTOD
Pick Up True¡, Plow aad Hamess
OpeDed: September 24*, 2001
COIItnIdorI Date'" TIme TeIIIIer CerdfIed AlP'. To SIped
BIdder lIecåwd AawDt Bead
Montgomery September 21101 $42,320.00
Motors 1:35pm (Power
Umited Locks)
Montgomety September 21101 $40,135,00
Motors 1:35 pm (No Power
Umited Locks)