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HomeMy WebLinkAbout02 119 agree lot 58 robinson e e e e ~, THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE NO. 2002 -119 A BY·LAWTO AUTHORIZE THE SIGNING OF AN AGREEMENT OF PURCHASE AND SALE FOR LAND REQUIRED FOR MUNICIPAL PURPOSES (ROBINSON) WHEREAS THE Municipal Act. Chap. M.45, Section 191(1) authorizes municipalities to enter into agreements for acquiring land required for municipal purposes; AND WHEREAS The Council of The Corporation of the Municipality of Kincardine deems it expedient to purchase land located on Part of Lot 58, Concession A, former Township of Kincardine, now Municipality of Kincardine, in the County of Bruce; AND WHEREAS the Corporation of the Municipality of Kincardine, deems it advisable to purchase those lands as outlined in the Agreement of Purchase and Sale with the Estate of Murray Archibald Robinson, Jessie Marie Anastasia Robinson and John Ferguson Robinson, attached to this by-law as Schedule A; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Mayor and CAD be authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, an Agreement of Purchase and Sale with the Estate of Murray Archibald Robinson, Jessie Marie Anastasia Robinson and John Ferguson Robinson, attached to this by-law as Schedule A, and to affix the corporate seal as and when required. 2. That the lands referred to are more particularly set out in the Agreement of Purchase and Sale attached to this By-law as Schedule A; 3. The purchase price for the said lands shall be twenty-two thousand, five hundred and fifty-four dollars ($22,554.00) plus GST; 4. The by-law shall come into full force and effect upon its final passage. 5. This by-law may be cited as the "Lot 58 Ward 2 (Robinson) Land Purchase By-law". READ a FIRST, SECOND and THIRD time and DEEMED TO BE PASSED this 7th day August 200 . "..~-~-- _.~--- Clerk - .!...~ . .... AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) PURCtJASER, The Corporation of the Municipality of Kincardine agrees to purchase from VEND4R. Estate of Murray Archibald Robinson, .Jessie Marie Anastasia Robinson and .John Ferguson .In.on, the following REAL PROPERTY Part 01 Lot 58, Township of Kincardine (now Municipality of Kincardine), In the County of Bruce, shown in gr.n on the sketch of survey attached hereto as Schedule "A" (Ihe"property") PURCt!ASE PRICE: TWENTY·TWO THOUSAND FIVE HUNDRED AND FIFTY-FOUR , Dollars (CON $22,554.00) DEPO~IT: Purcha.... submils FIVE HUNDRED Dollars (CON $500.00) cash or ~otlable cheque payable to the Vendor's solicitor to be held in trust pending completion or other termination of this agreertlent and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance, subject to the usual edjustments, by cash or certified cheque on the date of completion of this transaction. The paí ies acknowledge that tha property is sub ecl to (a) numerous raglstered rights-of-way and (b) a possible unregistered right-of-way in faVOl r of David G. Nordin, and the Purchaser agrees to eccept tlUe notwithstanding the existence of these rights-of-way, provided that such rights-of-way do not prevent the Purchaser from installing a water line on the property. The JNI!Iies agree that, at the time of closing, tha Purchasar shall grant to tha Vendors, their heirs, executors, administrators, successors and assigns, a right-ol-way in perpetuity over the property and also over the lands designated as Part 7 on Reference Plan 3R-3036 and shown n blue on the skatch of survey attached hereto as Schedule "A' (all of which lands shown in blue and green are collectively hereirnlfler referred to as the "Easement Lands"). This right-of-way shall be for the benafit of the lands abutting the property to the north and . wIIIch are also owned by the Vendors (hereinafter called the "Dominant Tenement"). ~ P.rchaser further covenants and agrees with the Vendors as follows: (a) if, at any tima after tha completion of this transaction, the Purchaser installs a water line on the Easement Lands, then it shall also construct, repair and maintain a gravel roadway on tha Easement Lends lor the use of the ownars of leh Dominant Tenement, which shall be suitable lor pessage by motor vehicles. (b) the Purchaser shall not obstruct the use of the right-aI-way by the owners of the Dominant T enemant, subject only to the right of the Purchaser to erect a gate across the Easement Lands, if R has constructed a gravel roadway in accordance with sub-paragraph (a) hereof, to prevent use of the gravel roadway by the public so long as it furnishes the owners of the Dominant Tenement with keys for the gate. , (c) if the owners of the Dominant Tenement develop all or part of the Dominant Tenement as residential building lots whether by plan of aubdivislon or consent, they shall have the right to construct, at the sole expense of the Dominant Tenement, a municipal roed In accordance with Purchaser's municipal standards on the Easement Lands conditional upon obtaining all required approvals from all municipal, provincial and other govarnmental authorities having jurisdiclion to the development and the construcllon of such road. The pa¡rtles further agree that \he Purchaser shall pay all legal fees, disbursements and survey costs of the Vendor and Purchaser arising out of ''is sale transaction. The pa -tíes acknowledge that the Purchaser has also entared into an agreement to purchase the lands shown in blue on the sketch attached hereto! as Schedule 'A'. The completion of this transaction is condRional upon the simultaneous completion by the Purchaser of the IluIser of the lands shown in blue. ··H,DULE "A" aoached hereto forms part of this Agreement. 1. CHATTELS INCLUDED: None - Vacant land 2. FIXTURES EXCLUDED: None 3. RENTAL ITEMS: The following equipmenl is rented and not Included in the Purchase price. The Purchaser agrees 10 a.sume the rental contra~s).1I essumable: None. 4. ; IRREVOCABILITY: Thi. Offer sha! be IrrevocobIe by the Vendor until 11 :59 p.m. on the 8th day of August, 2002 after which time, lI'nol accepted, this Offer shall be null and void end the deposII shell be retumed to the Purchaser In full without Interest. S. COMPLETION DATE: This Agreement shall be completed by no later then 6:00 p.m. on the 21" day of October, 2002. Upon ~, vacant possession of the property .hall be given to the Pu_ser un..... otherwise pJOVided for in this Agreement. 6. : NOTICES: Any notice relating to this Agreement or provided for herein sha! be In writing. This offer, any counter offer, notice of acceptance thereoì, or any notice .hell be deemed given and received, when hend delivered 10 the eddreSlIor _ provided herein or, where a fecsimile number is providtjd herein, when transmilled electronically to that facsimile number. FAX foIo. (519)396-81544 (For detlvery of notices 10 Vendor)FAX No. (For delivery or notices 10 Purchliser) 7. GST: II this Iransaction is subject to Goods and Services Tax (G.S.T.), then such shall be in addition to Ihe Purchase Price. II this Iransactlon is not lub eclto G.S.T., Vendor agrees 10 provide, on or before closing, a cerllticate that the transaction is nol subject 10 G.B.T. 8. TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the 30th day of September, 2002 (the "Requisition Date") to examille !he title 10 !he property at his own e"""nse and untit the earlier of. (I) thirty days from the later of the Requisition Date or Ihe date on which the ......-....In this Agreement are fulfilled or otherwise waived or; (ii) five d8ys prior to completion, 10 satisfy hlmsell the! there are no outstending work OIders or dell :le.ocy notices affeding the property, that Its present use ( ) may be lawfully continued and that the principal buiIdirv may be Insured ageinst risk of fire. Vendor hereby consents 10 the municipality or other governmental egencies releasing 10 Purchaser details of '~tanding work orders affecltng the property, and Vendor agrees to execute and deliver such further authorizations In this regerd as Purcheser may . °Hre<luite. - . FUTURE USE: Vendor and Purchaser agree the! there is no raprasentalton or warranty of any kind the! the future Intended use of the property by Pu r is or will be lawful except as may be apecifically provided for In this Agreement. 10. TITLE: Provided thet the title to the property is good .nd free from all regislered restrictions, charges, liens, and encumbrances except as othe:t apecIfIca\Iy provided in this Agreement and save and except fot (a) any registered restrictlona or covenants thaI run wllh the land providing the! such re complied with; (b) any registered municipal agreements and registered agreements wHh publicly regulated ulil"les providing such have been comp wHh, or security hes been posted 10 ensure compllence and c:omp1e80n, Os evidenced by a lelter from the relevant municipaNty or regulated ulility; (c) an, minor easements for the supply of domestic ulility or telephone servIceS 10 the property or adjacent properties; and (d) any easements for drainage, stormt>r sanitary sewers, public utIiIy lines, telephone lines, cable television .nes or 'oIhar services which do not maleriaity effect the present use of the propejty. II within the speclfted times referred to in paragraph 8 any valid objection to t"1e or to any outstanding work order or deficiency notice, or 10 the fact the sa~ present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made In writing to Vendor and which i I , , , .'- , -2- Vendor Is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiaionsin respect 01 such objections, shaH be at an end and all monies paid shall be relumed wilhout interesl or deduction and Vendor, Listing Broker and Co-ppera~ng Broker 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 "" -'" the ~Ue, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. . CLOSING ARRANGEMENTS: Where each 01 the Vendor and Purchaser retain a lawyer to complete the Agreement of Purchase and Ae of the property, and where the transaction will be completed by etectronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. .-0. Chapter 1.4, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that Ihe delivery of documents and the release thereof to the V~ and Purchaser may, atlhe lawyers' discretion: (a) not occur contemporaneously with lhe registration of the transfer/deed (and other regislerable docum'¥'tation), and (b) be subject to conditions whereby the lawyer receiving documenls and/or money will be required to hold them in trust and not release them eJ4cept in accordance with the terms of a written agreement between the lawyers. 12. ¡ DOCUMENTS AND DISCHARGE: Purchaser shall not call tor the production of any title deed, abstract, survey or other evidence of tille to the ""perty except such as are in lhe possession or control of Vendor. If requested by Purchaser, Vendor will daliver any sketch or survey of the property within Vendo(s control to Purchaser as soon as possible and prior to the Requisi~on Date. If a discharge 01 any Charge/Mortgage hetd by a corpora~on inc:or lO!8led pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Compajly and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees 10 accept Vendor'¡s lawye(s personal undertaking 10 obtain, out oi the closing funds, a discharge in registerable form and to register same on tille within a reasonable period <if time after completion, provided that on or before completion Vendor shafl provide fo Purchaser a mortgage slatement prepared by the mortgagee setting Øut tha balance required to obtain the discharge, together wilh a direction executed by Vendor diracting payment to the mortgagee of the amount requir" to obtain the discharge out of the balance due on comple~on. 13. INSPECTION: Purchaser acknowfedges having had lhe opportunily to inspect the property prior to submitting this Oller and understands that upon 8I ceplance of this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. 14. . INSURANCE: All buildings on the property and all other things being purchased shall be and remain until comple~on at the risk of Vendor. Pendi"t completion, Vendor shall hold all insurence policies. "any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantiaf damage, Purchaser may either terminate this Agraement and have all monies paid returned without interest or deduction or else lake the proI eeds of any insurance end complete the purchese. No insUf8nce shaff be transferred on completion. If Vendor is Isking back a ChargeJMortgage, 01" Purcttaser is assuming a ChargelMortgage, Purchaser Shall suppty Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortoaeee', interest on completion. 15. PLANNING ACT: The Agreemenl shall be effective 10 create an interest in the property only if Vendor complies with the subdivision control provisiáns of the Planning Act by completion and Vendor covenants 10 proceed diligently at his expense to obtain any necessary consent by completion, 16. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor. and any Charge/Mortgage to be gwen back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser. ~' covenants that the TransferlDeed 10 be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act. .0.:1990. . RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purcheser to pay to the Minister of Naticlnal Revenue to sa~sfy Purchaser's liability in respecl of fax payable by Vandor under the non-residency provisions of the Income Tax Act by reason 01 this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a stsMary declaration thet Vendor is not then a non-I OSident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvemenl rales and unmetered public or private utility charges and unmetered cost of fuel, as epplicable, shall be apportioned and sl10wed to the day of comple~on, the day 01 completion ilself to be apportioned to Purchaser. 19. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the ~me for doing or completing of any metter provided for herein Inay be extended or abrtdged by an agreemenl in writing signed by Vendor and Purchaser or by their respective lawyers who mey be specifically autlloriked in thaI regard. 20. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respeclive lawyers on the day set for con pIetion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Vendor warrants thet spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.0..1990 unless Vendor's spouse has executed the oonsent hereinafter provided. 22. UFFI: Vendor represenls and warranls 10 Purchaser that during the ~me Vandor has owned the property, Vendor has nOI caused any building on lhe þroperty to be insulaled with insulation containing urea foomafdehyde, and thet 10 the best of Vendor's knowledge no building on the property contains or has øver contained insulation that contains urea formaldehyde. This warranty shall sUt'Vive and not merge on the completion of this transaction. and if the ~ing is part of a multiple unit building, this warranty shall only apply to thet part of the building which is the subject of this transec~on. 23. . CONSUMER REPORTS: The Purchaser is hereby notified thel a consumer report containing credit and/or personal information may be referreilto in connec~on with this transaction. 24. AGENCY: II is understood that the brokers involved in the transection represenl the perties as set out in the Confirmation of Representation below. , . AGREEMENT IN WRITING: If there is oonftict _n any provision added to this Agreement (including any Schedute altached herelo) arjy provision in the standard pre-set portion hereof, the added provision shall supers_ the standard pre-set provision to the extent of such oonflict. s A"""'ent, including any Schedule attached hereto, shall oonstitute the entire Agreement between Purchaser and Vendor. There is no representation, warra!lfy, collaleral agreement or condition which affects this Agreement other then as expressed herein. This Agreement shall be read with all changes of gen ler or number required by the context. 26. : SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein; i I ¡ I DA T£¡o at Kincardine, Ontario this 1 sl day of August, 2002. SIGNED. SEALED AND DELIVERED in the presence of: ~,~M~ (Wi¡SSJL ~ Di~ J.. . ,[ ~ ~it~SS)~, ~ - ~.. ~ ~ ;t.:l L' J . \h_G~ ~ ~i*ssJ IN WITNESS whereof the undarslgned Vendors have hereunto set our hands and saals Estate of Murr Archibald Robinson tiIr."porm n - Executor ~ ßL An ew Robinson - Executor J · (Saal) · (Seal) · (Seal) · (Saal) G..~\\o~ (Date) W.l« \ \ lÍ1._ (Data) tzoo<... (Data) \ Q..u.,.. [ CJ \... (Date) t, : '- ... ~,~ . . .' , . . ~ -3- The Unpersigned Purchaser hereby agrees to the abova Offer. DATED, at Kincardine, Ontario this MNEi>. SEALED AND DELIVERED .,a presenca of: 7th day of August, 2002 (Witnesis) IN WITNESS whereof I hava hereunto set my hand and saal ~/. Tha Cor of ¡palilY. incardine ~ '!'.'.'- /" \. - -~4J". ~ \~'t~"C"'..........-... ......1."=- ~., - ... ... "4";_ ~ ,sr.-..gust 7. 2~ ~ (Seal) (Dat..';:::-: ..... --:;;:,~. ~;;= < _"/ :...;;:: ....... -,... "'-" ;,. .JI:ugust;- I. 20V2. ~ .....-:,..... ......:,,,-- (Datel::. ." -'. .,,- ,::;;/. -.. ... -' ~~ .._---..:~':.. .,: ~..... ).1', " ~'..:...:. .,'" '..ç..: ~._._~ ;.;' ~~:.I...:.~~ø" . (Seal) (WitneSs) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted AgreelTjant of Purchase and Sala and I authorize my Agent to forward a copy to my Iswyer. I acknowledge receipt of my signed copy of this accepted Agreament of Purchase and Sale and I authoriza my Agent to forward a copy to my lawyer. Vendor Date Purchaser Date Address for Service: Address for Sarvice: .dO~S Lawyer: Purchaser's Lawyer: T elephC/na Number Fax Number Telephone Number Fax Number . . - , " , I, ,. " · ,I < t ;,' · " \ ,. "'J. I ..17· · .':~ .. I t .{1\ , / · . . . ..' I t ,. i , J .. 1 ," .' ": . . : t' ... .. It . I .,; '. ,1 ,f" .r. ./ ' , . SCHEDtH..E II A" ,\'11 ..... ,dO'~ .j::'., II z: .. '.' .... '. '., -t t· .~:' .' ... J" . r. ".' ~ ¡ ~ ,'~' ~ . >. . ~,~.: ,:::-,' {~- . . 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