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Home My WebLink About02 121 agree pt lt 57 58 shiell e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE NO. 2002 -121 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT OF PURCHASE AND SALE FOR LAND REQUIRED FOR MUNICIPAL PURPOSES (SHIELLS) WHEREAS THE Municipal Act. Chap. MA5, 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 Lots 57 and 58, Concession A, former Township of Kincardine, now Municipality of Kincardine, in the County of Bruce, designated as Part 1 on Reference Plan 3R- 6898, subject to easements; 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 Peter Shiells, 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 CAO be authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, an Agreement of Purchase and Sale with Peter Shiells, 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 fifteen thousand dollars ($15,000.00); 4. The by-law shall come into full force and effect upon its final passage. 5. This by-law may be cited as the"Pt Lots 57and 58 Ward 2 (Shiells) Land Purchase By-law". READ a FIRST, SECOND and THIRD time and DEEMED TO BE PASSED this ¡th day of August, 2002. Clerk .j ¡' AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) , . < PURqHASER, VENDOR, The Corporation of the Municipality of Kincardine agrees to purchase from Pet... Shlells ~~~ngREALPROPERTY _ of Lots 57 and 58, Township of Kincardine (now Municipality of Kincardine), In the County of Bruce, designated as Part 1 on Reference Plan 3R-6888 (the 'property') PURÇHASE PRICE: FIFTEEN THOUSAND Dollars (CDN $15,000,00) DEPOSIT: Purchaser submits ONE THOUSAND Dollars (CDN $1,000.00) cash or negotiable cheque payable to the Vendor's solicitor to be held in trust pending completion or other termination of this agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance, subject to the usual adjustments, by cash or certified cheque on the date of completion of this transaction. The pørties acknowledge that the property is subject to rights-of·way registered as Instruments 0340150 and 0353689, respectively, and also SUbject to an unregistered easement in favour of Ontario Hydro to erect, maintain, operate and repair an electrical transmission line including six poles and three anchors, and the Purcha_ agrees to accept title notwithstanding the existence of these easements. The parties agree that the Vendor shall reserve to himself, his heirs, executors, administrators, succes8O(S and assigns, a right·of·way over the property. The parties further agree thet the Purchaser shall pay all legal fees, disbursements and survey costs of \he Vendor and Purchaser arising oul oIlhis sale transaction. . SC6EDULE "A" attached hereto forms part of lhis Aor-nenl. 1. CHATTELS INCLUDED: None· Vacant Land 2. FIXTURES EXCLUDED: None 3. R ENTAL ITEMS: The following equipment is rented and not included in the Purchase price. The Purchaser egrees to assume the rental cont"",(s), ~ assumable: None. 4. I IRREVOCABIUTY: This Offer shall be irrevocable by the Vendor until 11 :59 p.m. on the 8th day of August, 2002 atter which timal ~ not accepted, lhis Offer shall be null and void end the deposit &hell be retumed to the Purchaser in full w~hout interesl. 5.' COMPLETION DATE: This Agreemenl ahell be completed by no later than 6:00 p.m. on the 21" day of October, 2002. Upon com>letion, vacant possession of the property shall be given to the Purchaser unleas othelWÍse provided tor in this Agreement. 6. NOTICES: Any notice relating to this Agreement or provided lor herein ahall be in writin9. This offer, any counter offer, notice of acceptance thertof. or any notice shell be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to lhat tacsim~e number. FAX No. (519)396·81544 {For delivery of notices to Vendor)FAX No. {For delivery of notices 10 Purchaser} 7.: GST: Ilthis transaclion is subjeclto Goods and Services Tax (G.S.T.), then such shall be in addition to lha Purchase Price. If this transaction is nar subject 10 G.S. T., Vendor agrees to provide, on or belore cfosing, a certificate that the transaction is not subject to G.S. T. 8.' TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the 30th day of September, 2002 (the 'Requisition Date') to eXa(nine the title to the property at his own expense and until the earlier of: (I) thirty deys trom the laler of the Requis~ion Date or the date on which the conlfitions in this Agreement are fulfilled or otherwise waived or; (ii) five deys prior to completion, to satisfy himselt thet \here are no out.tanding wor\< order. or ~iciency notices affecting the property, that ils present use ( ) may be IawfuHy continued end thaI the principal builþing may be insured against risk 01 fire. Vendor hereby consents to the municipality or other governmantal agencies releaaing to Purchaser detaii. of ~tstanding wort< orders affecting lhe proparty, end Vendor agrees to execute and deliver such further authcrizations in thia regard a. Purchaser may . nab!)' require. . . . FUTURE USE: Vendor and Purchaser agree thaI lhere i. no representation or warranty of any kind that the future intended u.e 01 the proparty by Purcha.er i. or will be lawfut except as may be .pecifically provided for in thi. Agr-..enl. 10, TITLE: Provided that the tiUe to the property la good and free from ell regi.tered restrictions, charges,liens, and encumbrance. except as oth/!rwi.e specificatly provided in this Agreement and .ave and except for (0) any regi.tered restriction. or covenants that run with the lend providing thaI .udh are complied with; (b) any regi.tered municipal agreement. and regi.tered agreement. with publicty regulated utilitie. providing .uch have been c"'!'plied with, or security has been posted to en.ure compliance and completion, as evidenced by a letter from the relavan! municipality or regulated utility; (c) any minor ea.ements for the .upply of domestic ut~ity or telephone seovice. to the property or adjacent properties; and (d) any ea.ements tor drainage, st""" or .anitary sewers, public utility iina., telephone line., cable teIevi.ion lines or other .ervices which do not materially affect tha present use 01 the pr<iparty. It within the .pecified time. reterred to in paregraph 8 any valid objection to title or to any out.tanding work order or deficiency notice, or to the fact thoj said presen! use may not lawfully becontinued, or that the principal building may not be insured again.t ri.k of fire is made in writing to Vendor end which Vejldor is unable or unwilling to remove, remedy or satisfy end which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or neìlotiations in re.pect ot such objections, ahall be al an and end all monies paid shall be returned without interest or deduction end Vendor, Li.ting Broker and Co-operating Broker shall not be liable tor any cost. or damages. Save as to any valid objection .0 made by such dey end except for arty objection going to !he root of the tiUe, Purchaser shall be conclusively deemed to have accepted Vendor'. title to the property. 1 1. CLOSING ARRANGEMENTS: Where esch of Ihe Vendor and Purchaser retain a lawyer to complete the Aor-nent of Purchase and SáIe 01 the property, end where the lnInsaction will be completed by electronic registration pur.uant to Part III 01 the Lend Regisllation Reform Act, R.S.O. 1990. Chapter 1.4, and any amendments thereto, the Vendor end Purchaser _ge and agree thet the delivery of dccuments and the retease thereof tothe Vendor and Purche.ermay, at \he lawyers' discretion: (a) not occurcontemporaneou.ly with the registration of the trenster/deed (end other registerable dqcumentation). and (b) be subject to conditions whereby the lawyer receiving documents andlor money witl be required to hold them in trust end not release \hIm except in accordance with the tanns of a written agreement between the lawyer.. Ii. DOCUMENTS AND DISCHARGE: Purchaser shall nOl call tor the production of any title deed, abstract, survey or other evidence 01 title toi\he property except such as are in the pos.es.ion or centrol 01 Vendor. If requested by Purchaser, Vendor will deliver any sketch or sur,¡8Y of the ll'operty wìtttin Vendor'. control to Purchaser as soon as possible and prior to the Requisition Date. If e discharge of any Charge/Mortgage held by a corporaion inI:orporaled pursuant to the Trust end Loan Companie. Act (Canada), Chartered Bank, Trust Company, Credit Union, Cai... Populaire or Insurance Company end which Is not to be a.......ed by Purchaser on completion, is not available in registerable form on completion. Purchaser agrees to accept a;.lawyef. perianal undertaking to obtain, out oIlhe ciOeing funds, a dlsçharge in registerable form and to regi.ter .ame on title within a reasonable 01 time alter completion, provided thet on or before completion V_ shall provide to Purchaser a mortgage atatement ll'epared by the m~ , out the balance required 10 obtain the discharge. together with a direction executed by Vendor directing payment to tha mortgagee of tha amount required to obtain the discharge out of the belance due on completion. 13. INSPECTION: Purchaser acknowledges having had the opportunity to in.pect tha property prior to submitting this Offer end understands that upon ecceptance of this Offer there shall be a binding egreement of purchasa and sale between purcha.er and Vendor. 14. INSURANCE: All buildings on the property and atl other things being purchased shall be and remain until completion at the risk of Vendor. F1ending completion, Vendor .hall hold atl in.urance policie., ~ any, end the proceed. thereof in tru.t for the partie. as their inlare.l. may appear and in the Eljlenl of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returnad without inlere.t or deduction or al.e take " . ~ ·2- ¡. . the proceeds at any insurance and complete the purchase. No insurance shall bs transferred on completion. If Vendor is taking back a Charge/Mortgage, or Purc¡aser is assuming a ChargelMortgage, Purchaser shaff supply Vendor with reascnable evidence of adequate insurance to protect Vendor's or other mortgaDee's interest on completion. 15. PLANNING ACT: The Agreement shall bs effective to create en interest in the property only if Vendor complies with the subdivision control provisi_ of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consant by completion. .. DOCUMENT PREPARATION: The Transfer/Deed shall, save tor the Land TransferTa.< Affidavit, be prepared in regislerable foon at the W'""" of Vendor, and any Charge/Mongage to bs given back by the Purchaser to Vendor at the expense of the Purchaser. If raquested by Purchaser, Vend"" covenants that the Transfar/Deed 10 bs delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, A.S.a..t990. 17. RESIDENCY: Purchaser shall bs credited towards the Purchase Price with the amounl. ff any, necessary for Purchaser to pay 10 the Minister of Nati..,.,1 Revenue to satisty Purchase(sliability in respect of tax payable by Vendor under the non-residency provisions of the Income Ta.< Act by reason of this .al8. Purchaser shall nol claim such credil if Vandor delivers on completion the preGCribsd certfficale or a statulory declaration that Vendor is not then a non'esident of Canada. 18. . ADJUSTMENTS: Any rents. mortgage interes~ realty taxes including local improvement rates snd unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall bs apportioned and allowed to the day of completion, the day of completion ilseff to bs apportioned to Purch....r. 19. TIME LIMITS: Time shall in all respecls bs of the ......nee hereof provided lhat the time for doing or completing of any mattar provided for herein may bs extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may bs specifically authorized in that regard. 20. TENDER: Any tander of documents or money hereunder may bs made upon Vendor or Purchaser or their respective lawyers on Ihe day set for completion. Money may bs tendered by bank draft or cheque certified by a Chartered Sank, Trust Company, Province of Ontario Savings Office, Credit Union ()l Caisse PopuIa~e. 21. F AMIL Y LAW ACT: Vendor warrants that spousal consent is not necesaary to this transaction under the p<ovisions of the Family Law Act, A.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter I(OVided. 22. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on theproperty 10 bs insulated with insulation containing urea formaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains urea formaldehyde. This warranty sheH survive and not merge on the completion of this transaction, and It the Widing is part of s multiple unff building, this warranty shell only apply to thet part of the building which is the subjact of this transaction. 23. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred 10 in connection wffh this transaction. 24. AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Conl'lrrnation of Representation r· AGREEMENT IN WRITING: If there is conflict between any p<ovision added to this Agreemenl (including any Schedute attached herelO) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent 01 such conflict. This Agreement, including any Schedule attached _, sheM conSliMe the entire Agreement bs_ Purchaser and Vendor. There is no representation, warranty, collateral agreement or condnion which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes ot Q8IIder or number required by the conlaxl. 26. SUCCESSORS AND ASSIGNS: The heirs. executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DA'ÆD at Kincardine, Ontario this 2"" day of August, 2002. SIGNED, SEALED AND DELIVERED in t~ presence of: h~c.J~ (Withess) IN WITNESS whereof the un~d Vendors have hereunto set our hands and seals ð?-d2-t 4;.1 .. ~ ~\OL Peter Shiells (Seal) (Date) The¡ Undersigned Purchaser hereby agrees to the above Offer. DATED at Kincardine, Ontario this 7th ~ED, SEALED AND DELIVERED ~ presence of: day of August, 2002 (W~ness) per Lar (Seal) .. (Seal) ....-,¿~0 ..... -....... :.,.,: ~ '«:... .: ?':' \ . . J.~_..ç. \ .,..- . ~ ..-- ",,1..,(._ l'~iü-;t 7 :'mi~ (~"'- --- .. .... -."'....... ....-; \- :.-;;:';:;' ...:.. <::l -" -..::... li'uRUSL . 20o-2-,;:~ ;:.;;;?- - - - ~ " (0........ - -.., -""" -.. ..-,;;;::,' " -;:;;.a "'", "," ;.1',\' -;,...........;, ..---......,,'~ . .- -- J ~ '-.- .'- -......~..I .~.~~- - " .-:;..4:.-....., ,....' {./..//~~¿i.."'../ (W.ness) per: John deRosenroll, CAO We have authority to bind the Corporation ACKNOWLEDGEMENT I ~knowledge receipt of my signed copy of this accepted Agteement of Purchasa and Sale and I authorize my Agent to for¡.vard a copy to my lawyer. I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize my Agent to forward a copy to my lawyer. Vendor Date Purchaser Date Address for Service: ~s Lawyer: Address for Service: Purchaser's Lawyer: Telephone Number Fax Number Telephone Number Fax Number