HomeMy WebLinkAboutKIN 98 011 Sale/Land -Ken Davis
THE CORPORATION OF THE TOWN OF KINCARDINE
·
BY-LAW
BY-LAW NUMBER 1998-11
OF THE CORPORATION OF
THE TOWN OF KINCARDINE
A BYLAW TO AUTHORIZE THE SALE OF LANDS TO KEN DAVIES.
·
WHEREAS Ken Davies has made an offer of purchase and sale for part lots 10
and 11 Plan 4, Town of Kincardine, County of Bruce, commonly known as 288
Broadway Street;
AND WHEREAS the Council of The Corporation of the Town of Kincardine deems
it expedient to sell these lands;
NOW THEREFORE the Council for The Corporation of the Town of Kincardine
ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute such documents as
they may deem advisable to sell such lands to Ken Davies in accordance
with the Agreement of Purchase and Sale dated the 19th day of March,
1998 and to affix the corporate seal to such documents.
· 2.
3.
4.
5.
The lands referred to consist of lots 10 and 11 Plan 4, Town of Kincardine,
County of Bruce, commonly known as 288 Broadway Street.
The purchase price for the said lands shall be $18,000.
This by-law shall come into full force and effect upon its final passage.
This by-law may be cited as the "Sale of Lands to Ken Davies, By-law".
READ a FIRST, SECOND and THIRD time and FINALLY passed this 2nd day of
April, 1998.
·
ßJ~((.~
Mayor ~
"j
.C""~ .~ ra.hcu..u
Clerk
,VKI:A
I,....,..
RNI.:t'I:Ñ
.U..c....s.ø
vnrano Keal ~rare ~50(;laIlOn
WAIVER
[B
REALTO~
PURCHASER,
................
. . .Iq;:.~. PA. Y I.S. ... .. . .. .... . .... .. . . .. .............. .................. ..... ... . .
..... ... I9WN.. Q.f. .KI NÇA.R-PI.N.J::.... ........
........................
VENDOR, .................
.. ................... ................ ...
. ................... ...... ...........
øEAl PROPERTY: ~:A~41~tr.~:I~~Ql~pþ-L1:~~!-j¢WN::Q~:K(¡\i¢A~þ)N.~;:"ë9.@jy.º.F:.$.~y¢t.::·. ::..:: ............
/n accordance with the terms and conditions of the Agreement of Purchase and Sole dated . .I':'I.<.rr.<:h... ....! .9.,. .1.9.9~........ . , regording
the above property, I/we hereby waive the condition(s) which read(s) as follows:
This Off~r is conditional upon the Purchaser an-anging, at his own expense. a new M0I1gage. Unless the Purchaser gives
notice in writing delivered to the Vendor by 5 p.m. on the 30 day of March, 1998, that this condition is fulfilled. this Offer
shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 111Ïs condition is included
for the sole benefit of the Purchaser and may be waived at his option by notice in writing to the Vendor within the time
period stated herein.
.
All other terms and conditions in the of are mentioned Agreement of Purchase ond Sale to remain unchonged.
. 5:00 23rd
.., Ontarto, at ....OtI./p.m., this . . . day of .
IN WIT~~.'h=¡¡;;;mYh."d.."d.:,
fV_IP"~1
March
98
...... ,19 ..... .
.................
¡V~ip;.;.d,;;':';'i· ...................... . ...
_h........._._..............._.
~ A/J '98
. DATE .2.../!.11!l..
IS-II
...... . DATE ..... ....................
.'..
(50011
Rec.ipt acknowledged at ............................................OK./p.m., this ...............þHþ................. day of ................M~(;þ................19 ......9.~...... by:
Print Nam.:........ .......... ..... .................... .................................. ..................... ..Signatu...:.... ...................... ........ ............................... ............................
OI1lIA .......... ._ De _ ..... .... ........ _ ............ ... ............ ~ ........
IN$TANT OFF/I.
.._.... 122
01/'"
fJREA
PURCHASER,
AGREEMENT OF PURCHASE- AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO) -:s; 6 K
.... .. "(~:no~CsoisP4U7.Ç<d¿O
TOWN OF KINCARDINE I
.~~~.
VENDOR, .
REAL PR02~~:
Address .
in the
~~atð~§10 .~
(Fulllegol nam.. of 011 Vendors)
,the f~wing
BROADWAY
STREET
. South
. .. . ..... frontong on the side of
TOWN OF KINCARDINE
··lore o~~Q~iiø'8; KIN~?NEFE~6UNTynoðtk!S~ïtœ~scribed as
f ~ f
BROADWAY
FEET
"11 PLAN
(the ·property'.
PURCHASE PRICE:
DEPOSIT:
(l89Oi d8KiÎpliOn·Of- ~nd ~;,d~ng easemen'ts nct deSCribed ~Ise'~ere)
Eighteen Thousand dollars
One Hundred dollars
Dollars (CDN$
18,000.00
Purchaser submils (
Herewith
(H..;~j hiupon acc~pta~ce)
Dollars (CDN$
100.00
cash or negotiable cheque payable to CENTURY 21 PRE S T I GE REALTY INC. to be held in trust pending compk!tion or
other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance os follows:
The Purchaser agrees to pay the balance of the purchase price, subject to adjustments, in
cash or by certified cheque, to the Vendor on the completion of this transaction.
This Offer is conditional upon the Purchaser arranging, at his own expense, a new Mortgage.
Unless the Purchaser gives notice in writing delivered to the Vendor by 5 p.m. on the 30 day
of March, 1998, that this condition is fulfilled, this Offer shall be null and void and the
deposit shall be returned to the Purchaser in full without interest. This condition is
included for the sole benefit of the Purchaser and may be waived at his option by notice in
writing to the Vendor within the time period stated herein.
The vendor agrees to have all liens, and encumbrances removed on or before closing.
.~.eXisting encroachments on the property approved by the Town of
~ Itinue after closing.
T~_.Yendor ag ees to provide,
show in he curr locati
rights-of-
on completion,
buildings, and
to
SCHEDULE(S)
1. CHATIELS INCLUDED:
j¿£4¿ .
¡;~?'~7&
It.. 0
.attached hereto form(s) part of this Agreement.
2. FIXTURES EXCLUDED:
3. RENTAL ITEMS: The following equipment is rented and
the rental contract(s), if assumabk!:
.~~~~I~I~: This Offer shall ~ irrevocable by 1/ß; ~ tJ~~ until p.m. on the 20 thdoy of
. (VoiidOr /PiKèliOSèr) .. .
after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full withaut interest.
March
,19
98
5. COMPLETION DATE: This Agreement sholl be compk!ted by no later thon 6:00 p.m. on the 1 s t doyof May ,19 98 .
Upon completion,vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
6. NOTICES: Vendor hereby appaints the listing Broker os Agent for the purpose of giving and receiving notices pursuant to this Agreement. Only if the Co-operating Broker
represents the Interests of the Purchaser In this transaction, the Purchaser hereby appoints the Co-operating Broker os Agent for the purpose of giving and
receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any
notice shall be deemed given and received, when hand delivered to the address for service provided in the Ackowledgment below, or where 0 facsimile number is provided herein,
when transmitted electronically to that facsimile number.
FAX No. . . . (For delivery of notices to Vendor)
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be
. (includèdln ¡ in' àdd,t,onto) .
If this transaction is not subject to G.S.T., Vendor agrees to certify on or before closing, that the transaction is not subject to G.S.T.
8. TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the ...........1s¡1:.. .....doy of........ ..... ~¥............. ,19.98, (Requisition Dote) to
examine the title to the property at his own expense and until the earlier of: lij thirty doys from the later of the Requisition Dote or the dote on which the conditions in this Agreement ore
fulfilk!d or otherwise waived or; Iii) five doys prior to compk!tion, to sotisfy himself that there ore no outstanding work orders
or deficiency notices affecting the property,thatils present use ( . ..... ..... ..... ...... .. ...... .......... .... .....C~.lCO~RCIAL. ..)
may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to
Purchaser details of all outstanding work orders affecting the property, and Vendor ogrees to execute and deliver such further authorizations in this regard os Purchaser may
reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warronty of any kind that the future intended use of the property by Purchaser is or will be lawful
except as may be specifically provided for in this Agreement.
10.TlTLE: Provided that the titk! to the property is good and free from 011 registered restrictions, charges, liens, and encumbrances except os otherwise specifically provided in this
Agreement and save and except for (0) any registered restrictions or covenants that run with the land providing that such ore complied with;(b) any registe,,~ municipal agreements
and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and c~~" k!tion, as evidenced by
.- 'rom the relevant municipolity or regulated utility; Ic) any minor easements for the supply of domestic utility or telephone services to the property or~' , nt properties; and Id)
.¡ements for drainage, storm or sanitary sewers, public utility lines, telephane lines, cabk! tek!vision lines or other services which do not materially off. the present use of the
. rty. If within the specified times referred to in paragroph 8 any valid objection to titk! or to any outstanding work order or deficiency notice, or to the f.ft ~ soid 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 Vendor is unable or unwilling to remove, remedy
or satisfy and which Purchaser will nat waive, this Agreement notwithstanding any intermediate acts or negotiotions in respect of such objections, shall be at on end and 011 monies
paid shall be returned without interest or deduction and Vendor, listing Broker and Co-operoting Broker shall not be liable for any cos1s or domages. Save os to any valid ob~ so
made by such day and except for any objection going to the root of the titk!, Purchaser sholl be conclusively deemed to have accepted Vendor's titk! to the property. ~
OIIU Sf 1...., ._ De _ ......... ......... _ ............ ............ .....- ......-. IN/TANT OHII. ...... 1.1 .1/."
FAX No.
included In
. (For delivery of notices to Purchaser)
. the Pun:hose Price.
: Purchaser shall no! coU lor Ih.- produchon 01 uuy litlc dt~ed, obsJracl, :.iurvay or 0' lar eVI ence 0 tIt t: to 11e prope excep sue OS ore In
the pr.>ssessioll or control of Vendor. II requested by Purchaser. Venda, ",ill deliver any skelch or surv"y 01 Ih" property wilhill Vendor's conlrol to Purchaser os soon os possible and
prior Iv 1'11.. Requi.ition Dote. If a discharge of any Charge/Mortgage h.,ld by 0 corporation incorporaled pursuanl to the Trust and Loon Componies Act (Canado), Chartered Bank.
"'~ust Compony, Credii Unio~. Caisse ~opulaire or ¡nsuronce Company and which is natlo bI! assumed by Purchaser on complelion. is not available in registrable torm on completion.
I Purchoser agrees to accepl Vendor's lawyer's personal undertaking to obl(1In, out of the closing lunds, 0 discl>Of~¡" in regislrable form and to register some on title within a reasonable
period of time ofter completion. provided tho, on or before completion VI'ndor shall provide to Purchaser a n" "1qage statement prepared by the mortgagee setting out the balance
reauired to obtain the dischary", logether wllh a dllectlon ex"culed by ,,,,,dor directing poymelll 10 Ihe mortga!J"" 01 the amounl required 10 obla", Ihe dIScharge out of ,he balance
due on completion.
12.INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall
be a binding agreement of purchase and sale between Purchaser and Vendor.
13.INSURANCE: All buildings on the property and all other things beinn purcl>osed sl>olI be "nd "!I"ain uu;;: ;···,,,!,I.,IÎnn at tb.. fIsk of V"ndor. P"nding completion, Vendor shaN
hald all insurance policies, if allY, and the proceeds thernof in Irust for th" portias as lheir illlnfesls moy nppear "lid in the evenl of subslanliol dmT1age. Purchaser may either lerminallt
this Agreement and hove 011 monies poid returned without interest 0' deduction or else tok" Ihe proŒeds 01 any insurance and complete the purchase. No insurance shall be
.' f"rred on completion. If Vendor is taking bock a Charge/Mort9.0!1'" '". PlJrcl"'.ser is "''''''"11(1 " Chnrne¡IMrtna9O:, Purchaser sholl supply ve. n. dor with reasonable evidence of
11ato insurance to protect Vundor's or olht!r morl!jCJ9uo's ¡nlure:.1 011 1IIIIIplohol1
iNING ACT: This Agreement sholl be eHeclive to creute on 'nle,,'" 111 Ihe property only if Vendor compl,es wilh Ihe subdivision control WOVISIOIIS of tbe Planning Ad by
completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by compl<!lion.
IS.DOCUMENT PREPARATION: Tho Trunsl.., f O"..d sholl, sov" lor Ih" Lund Trullsl... Tnx AII,duv,t, he l''''I"II"d ill ",\ istrable forn, ollh.. "xpense of Vendor, and any
Chorge/Mortgoge 10 be given bock by the Purchas"r 10 Vendor at Ihe ">pense ollhe Pu,chaser. II '''yuesl"d by Purchase,. Vendo, covenonts that the T ransler/Deed to be delivered on
completion shall contain the statements contemplated by Section 50 (221 ollhe Planning Act. RSO. 1990.
16.RESIDENCY: Purchaser sholl be crediled lowards the Purchase Price Wllh the amount"f ony,necessary for Purchaser 10 pay la the Mlluster of National Revenue to satisfy Purchaser's
liobility in respect 01 tax poyable by Vendor under the non-residency provisions 01 Ihe Income Tox Act by reason of this sole. Purchaser sholl nol claim such credit il Vendor delivers on
completion the prescribed certifica,e or 0 statutory declaration that Vendor is not then a non-resident 01 Canada
17.ADJUSTMENTS: Any rents.mortgage inlerest,realty taxes including 10<.01 improvement rotes mId unmetered public or private utiloty charges and unmetered cost al.fuel,as
applicable. shall be apportioned and allowed 10 the day of completion, IIoe day of completion oIsell 10 be apportioned to Purchaser.
18. TIME LIMITS: Time sholl in 011 respects be of Ihe "sse'1Ce hereof provid"d that the time for d""ln or compleling of any n>oNer provided for herein may be extended or abridged
by an agreement in writing signed by Vendor ond Purchoser or by their ''''I",ctive lawyers who moy b<: specifically authorized in tt>ot regard.
19. TENDER: Any tender 01 documents or money hereunder may be made upon Vendor or Purch"."r or their respective lawyers on the doy set for completion. Money may be tendered
by bank draft or cheque certilied by 0 Chartered Bank, Trust Company. Province 01 Onla"" Sovlngs Office. Cred,l Union or COlSse Populaire.
20. FAMILY LAW ACT: Vendor warrants that spousal cansent is nol r"lec"ssary to this transacllon under Ihe provISIons of Ihe Famoly Law Acl. R.S.O. 1990 unless Vendor"s spouse
has executed the consent hereinafter provided.
21. UFFI: Vendor represents and warrants to Purchaser Ihal during the time Vendor has owned Ihe property, Vendor has nol caused any building on the property to be insulated with
insulation containing urealormaldehyde. and lhal 10 the best of V"ndor's knowledge no building on the property contains or has ever contained insulation that contains
ureolormaldehyde. This warranty shall survive and not merge an the completion of this transaction, and if Ihe building is port of a multiple unit building, this warronty shall only apply
to that port 01 the building which is the subiect 01 this transaction.
22. CONS~MER .RE,?RTS: Tbe . Purchaser Is hereby notified that a consumer report containing credit and/or personal information may be referred to In
tonnedton wIth thIS transaction.
'--'.-
23.AGENCY: It is understood thai the brokers involved in the transaction r"present the parties as sel oul in the Confirmation of Representation below.
24.AGREEMENT IN WRITING: If Ihere r.; conllicl b<:tween (lny prOVlSlOII added to thIS Agree"'''nl (,ndud",u ony Schedule allached hereto I and any provision in the standord
pre-set portion hereof. the added provision sholl supersede the standard pre-set provision 10 1I"Ie "xlent of such conflicl. This Agreement including any Schedule attached hereto, shall
constitute the entire Agreement between Purchaser and Vendor. There is na representation, warranty, collateral ogreement or condition. which affects Ihis Agreement other than as
expressed herein. This Agreement shall be read with all changes of gender or number required by Ihe context.
~ES~)RS AND ASSIGNS: The heirs, executors. admimstralors, successors and assigns of the understgned are bound by the terms hereIn.
lR~i'....' ~ KINCARDINE IIIIS 19th daV(, March
SIGNED. S, ED/AND pELI~ED ,n the presence of' _.INWITNESS wrf I. ha.v" hereunto set my ';and and seal
<k /L 'f~ ,-<[f;ri c..:¿i<'L . DATE le/
(Wotn-V /----1'"' {Pu«hasørl (50:01)
, . .~
(Witness) ¡ ","" u·,,".<I (Seal)
I, t",: Undersigned Vendor. ogree 10 Ihe above Offer. I hereby irrevocably "'slrucl my lawyer 10 pay dllectly 10 II", LISI111g Braker lhe unpaid balance of Ihe commission together with
apphcable Goodsand ServiceS Tax lond any other IOY"s '" moy hereaher be applicable , from the proceeds of I;'" sale prior 10 any payment 10 the undersigned an completion, os
advISed by the LlSt"'g Broker 10 my lawy.".
19
98
,
II !a1
(.-; 0.
XCI
DATED )~tS~LI.dÀ
:~þ~ Nit"
98
.~ATE yY\.~ 'L~-ul9~
~ (Suol)
·t.............··~ rq: . DATE
(Witn...) . ¡V,,,,,,,., I ~ '.. '. (Seal)
SPOUSAL CONSENT: The Undersogned Spouse allhe Vendor l"lereby consents to the dls. ,loon eVld"nced herein pursuant to the provisions of the Family Law Act.
R.S.O. 1990, and hereby agrees with the Purchaser that he/she w,lI execute 011 necessary or Incrdental documents to give full force and effecllo the sole evidenced herein.
KINCARDINE
Ihis
IN WITNESS whereof Il>ove I..".
~'''~
19
(Wrtnessl
CONFIRMATION OF EXECUTION:
. DATE
(Spousel (Suol)
Notwithslanding anythIng contoined l"lerein to the conlrary, I conf."" IhlS Agreemenl with all changes bolh typed and written
was finally executed by 011 parties at
lOO6./p.m. this
doyol
.19
OF REPRESENTATION
($iQnnhn H of Vrmrkv or Purchaser\"
. CONFIRMATION
.~ ". ,~wledge and confirr~ Ihe Listing Broker represents the interests of the .
" endor ~ I...nÒ(.,¡ ,l'Jtrr,du '-'''ù :~,... ÇJI...rr.l-,ot.III',j In this Irnno;;ochou.
I hereby acknowledge and confirm Ii"le Co-operating Ðroker represents the interests of
'hc Vendor !'J..,,,~,... /Pv'r.L'I~" " in thr.. transaction.
Sgnolure of listing B,.oker Of authorized Ittpresenlative
Nome 01 Li.Ûng 13<01<"" CENTURY
(519)396-2001
Tel No.
21 PRESTIGE REALTY INC.
(519)396-7530
Signahure of Co-operating &oker or authorized representative
p~ 1..1...... -
N.},n.. "I t.., ..~..II..tIUI~1 U,.J..d1:
(519) 396 ~ I 1:<.8
2<Po f
_ _ ...ID
F#>Y..No:...
(519)396-7530
T_~ ~.-
;:.&.): Nt)
ACKNOWLEDGEMENT
I acknowledge noceipl of my signed copy ollhlS accepted Agreemenl of Purchase and Sole
and I autharize the Agenl to forward a copy to my lawyer.
I acknowleC:,;;~ "'ce,pl of my signed copy 01 Ihis accepted Agreement of Purchase and Sale
and I authorize the Agent to forward 0 copy to my lawyer.
(Vendor
DATE
I Pur ChO:>CT ì
DATE
{V.ow}
Address for Service:
DATE
;~""'I(h'J:.." :
DATE
Address for Service'
;fJi Nu.1
~t:ti "'-10. {
Vendor's ~~"'Y8r
~: '.,;~..., ~ "'~:""i'a'
Addr...
"'., J, ~T '~_.'
(
T.No.
:-.\'/.....,
.,! .~.
,,\X ~.~
FOR OHICI USI ')''¡LY
COMMISSION TRUST AGREEMENT
TO;CQ.opcrOllny Brok~r ~howlI 011 Ihe lowgomg AgfC,~mcnt of Purthusc ood Sole:
, _ralion lor 1he Co-operating Broker procuring the foregoing Agreement of Purchase and Sol.,. I h,,'eb~ d.·ck"" that 011 monies rocel'ed c,r receivable by me in connection
romochon os contemplohHi 1ft ,he MLS Ruit·., nnrl R.~<1ulnh(}n:. of IOy R.~nl Esfoh~ Bourrf ·.hnlt t... "'{ 1'lwd,Ii, qud ¡)f·ld Ifl Iflr.t ìhl~. nqnHHHI!fd '.hnll «()r~lilulu a CommÎlsion
.... A(frUOI1\Hl1t r]~ JC!.lIed III rll(: MLS RIJIc~ Ul1d '.111.11111.: :.ubrc( lu Ulld '- llverrItH.J by fh~..' ".\L~ P.IJI~·:. ¡.'I·IIO f:"",' ;', '...""....1(111 T ~U~: .
DATED us of Hie date and tinle of Ihld (Xc.epl(]rK~ of Iht", t(Jr~goH'H Ä{ r.·'~¡1H!r' (,I Pure ¡tu:..: (Jrlt J'I',.
AI. ~.IIOWh.!dn4:d hy
5.gnOly,. of L'~'nv BI~e' ';')1 o\JlhÒlI:'J<;: If:pI6:owf1lal;Yt:
_')~~,;,;1u:~....! '_,:.. '~;:'~ OIU-£j Brv6<;c1 ',)1 uulhorll.6d lept"«'ianlah-"tt