HomeMy WebLinkAbout06 148 Agree Ont Ltd Land Sale
.
·
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2006 -148
BEING A BY-LAW TO ACCEPT A PURCHASE & SALE AGREEMENT
AND TO AUTHORIZE THE SALE OF LAND TO
1476112 ONTARIO INC.
(Part 4 of Part of Lot 1 Concession 1, South of Durham Road (former
Township of Kincardine) Municipality of Kincardine, County of
Bruce)
WHEREAS Section 268 of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides for procedures for the sale of lands declared surplus by
municipalities;
AND WHEREAS the Municipality of Kincardine, on September 17, 2003 passed
By-law No. 2003-133, being a By-law to establish procedures regarding the sale
of real property;
AND WHEREAS the Municipality of Kincardine, on April 21, 1999, declared as
surplus to its needs those lands described as Part of Lot 1 Concession 1 South
of Durham Road (former Township of Kincardine), in the Municipality of
Kincardine in the County of Bruce;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
deems it advisable to dispose of the aforementioned lands;
· AND WHEREAS 1476112 Ontario Inc. wishes to purchase the said lands:
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
·
1. That the Mayor and C.A.O. be authorized and directed to execute such
documents, on behalf of The Corporation of the Municipality of Kincardine,
as they may deem advisable to convey the lands described as
Part 4 of Part of Lot 1 Concession 1, South of Durham Road (former
Township of Kincardine), Municipality of Kincardine in the County of
Bruce, to 1476112 Ontario Inc. being 0.9 acres.
2. That this transaction is subject to the conditions set out in the Purchase &
Sale Agreement attached hereto as Schedule "A" to this By-law.
3. The sale price for the said lands shall be seventy thousand dollars
($70,000.00).
.../2
Page 2
1476112 Ontario Inc. Land Sale By-law
By-Law No. 2006 - 148
·
4.
That this by-law shall come into full force and effect upon its final passage.
5. This By-law may be cited as the "1476112 Ontario Inc. Land Sale By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 9th day
of August, 2006.
ßJ1..J A
Mayor
~~
Cler
·
·
·
""
.
.\
THIS PURCHASE& SALE AGREEMENT made as ofthe2L
ay orJ""1 _ 29P6
~~þ-!t1e "4"~
No. 1- ... the _ day
of~<1 USt 200!.p
1;;f':A. ~~
Clerk~
OF THE FIRST PART
BE1WEEN:
1476112 ONTARIO INC.
(hereinafter called "Purchaser")
- and-
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(hereinafter called the "Vendor")
OF THE SECOND PART
THIS AGREEMENT WITNESSES that, in consideration of the sum of THREE
THOUSAND, FNE HUNDRED DOLLARS ($3,500.00) now paid by the Purchaser to the
Vendor (the receipt of which is hereby acknowledged) and other good and valuable
consideration, the Vendor hereby agrees to sell to the Purchaser free from encumbrances, the
lands and premises being part of Lot I, Concession I, South of the Durham Road, formerly in
the Township of Kincardine now in the Municipality of Kincardine, County of Bruce having a
frontage along Durham Street of 93.16 feet and a depth of 461. 3 feet, more or less, and being
the easterly portion of Part 1 on Reference Plan 3R- 7072 (hereinafter called the "real prope~ ) )
on the terms and conditions set out below( A...s p r<-..s <-'V\. \.c... ð... ~ :s41?~ ... (~ -.ð -
b- I ~ (".+- -:t±. 4-
I. The purchase price of the real property shall be ~sum'ot~EVENTY THOUS ?
DOLLARS ($70,000.00) made up as follows: ~ ~~.
a) The sum of THREE THOUSAND, FIVE HUNDRED DOLLARS ($3,500.00) already ~
paid by the Purchaser shall be credited to the Purchaser as a deposit and allowed as part
of the purchase price.
b) The balance of the purchase price, subject to the usual adjustments, shall be paid by cash or
certified cheque on the date of completion.
c) The sale shall be completed no later than November 30,2006.
d) Vacant possession of the property shall be given to the Purchaser on the date of
completion.
e) The Vendor covenants and agrees with the Purchaser to install at the Vendor's expense the
following services, namely, roads e, water aREI,..l......u1cal ::.--ç(~ic5 t line. SA er
. . ..~~~ .
f) The e covenants and agrees wfthfþ-Purchaser· t the Vendor's
expense a natural gas line as pipeline is constructed to the
Kincardin ar on Highway 21. the closing of this
t saction. ß è..- "-... þ(tL
g) The title shall be good and free from all encumbrances, save and except for local rates.
h) The Purchaser acknowledges that the real property is subject to storm water management
review by the Vendor's Engineers.
i) The Purchaser is to be allowed until the date of completion to investigate the title at its own
expense, and to satisfy itself that there is no breach of municipal or other governmental
requirements affecting the real property, and that the real property is zoned Highway
Commercial. If within the time allowed for examining title, the Purchaser shall furnish the
Vendor in writing with any valid objection to title, or to any breach of municipal or other
governmental requirements, or as to the fact that the zoning is not Business Park (C6-h)
which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the
Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts or
negotiations, be null and void, and the swn paid by the Purchaser as a deposit (being the
swn of $3,500.00 already given) shall be returned by the Vendor to the Purchaser without
interest or deduction, and the Vendor shall not be liable for any costs or damages. Save as
to any valid objection so made within such time, the Purchaser shall be conclusively
deemed to have accepted the Vendor's title to the real property.
~
,
#0 . c
2
. .
j) The Vendor shall prepare a Reference Plan of survey for the real property prior to closing
in order to provide a registrable description for the Deed or Transfer. Subject to the
foregoing, the Purchaser shall not call for the production of any title deed, abstract, survey
or other evidence of title except such as are in the possession or control of the Vendor. The
Vendor agrees that any existing survey shall be delivered to the Purchaser as soon as
possible and prior to the last day allowed for examining title.
k) The Deed or Transfer, save for the Land Transfer Tax Affidavit, to be prepared at the
expense of the Vendor in a foon acceptable to the Purchaser.
I) The Vendor shall produce evidence that it will not be at the time of closing a non-resident
of Canada within the meaning of Section 116 of The Income Tax Act, or, in the alternative,
evidence that the provisions of said Section 116 regarding disposition of property by a non-
resident person have been complied with at or before closing.
m) Any tender of documents or money hereunder may be made upon the Vendor or Purchaser
or upon the solicitor acting for the party on whom tender is desired, and it shall be
sufficient that a cheque certified by a chartered bank or trust company be tendered instead
of cash.
2. The Purchase and Sale Agreement is subject to Site Plan approval.
3. The Vendor covenants and agrees with the Purchaser to do nothing to encumber the real
property after the execution of this Agreement while it is in effect.
4. Time in all respects shall be of the essence.
5. This agreement shall enure to the benefit of and shall be binding upon the respective heirs,
executors, administrators and assigns of the parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED and DELIVERED
.~p~
Wltnes: A
)147
)
)
) per:
) President - Wayne P. Burke
) (I have the authority to bind the company)
)
)
) The Corporation of the Municipality of
) Kincardine
)
)
) per:
) p .
~þ.",. , "i:"''''~ .........-.......................
"" p -....., ..,' -- --... ..ç.--:-
J..Jl.--!t ~'~"",: ..~...,~..~_
Mayor - Glen; Sutt~~ . , ~- ~
:::..... ·-'-'1 - .......
.... .. ~ , ~
:;. -- " ./"'-; , "
~ ~ '-, - ß
Chief Administrative
John deRosenroll
..............,...,//.I~."¡~.iI,, ~ ....~
~~.
'-" I
"
z fl
~:
¡~ II
!~ .
ueou
. .
.- ,
N a.
z
:"5
a..
~
:2
,..:
~
....
,.,: ò
......
z z
z
:5,
n..
5
F
«
æ
2s
n:
!::
td
~f
0::1
<I
0..1
I
I
;.... I
cí I
3: 1
:I: I
" .,
Ï 1
I
I
1
I
I
1
I
,
1
,
I
I
I
,
I
t
:-::".Y:.:'~~.
SCHEDULE liB"
A-31SØ.72'
AIo'2fI1,u
O4iI1J!11
Na;f3J'O(N
~
\,
1HE
HIGHWAY
DURHAM
9
NO.
ROAD)
r------------------------------
r...:.--r-----. WIT -- --. -----
I I 0'fT0)-
,..-----
"'if'.'\~
' 1
~--1T-
1/ S~
)~JI ~
(¡Tt I
o I I I!::¡
<0 ~
I
f;)
O')
('J
100.0'
B <1661)
01T0)
Roo3758.72'
,.,...,.61.
c;,.t&TM
N83"33'OO"W
PART 1
2.6 Acres.
ä INST. 22411Rf
u)
,.... ~
Q
i «
0. 0
I
;
!
Ii
...
~
~
~
N61"œ'47W
298.00'
......
"
'- "
I
INST. Jf"8Ø
LB_~__
I ~: fNST. .J23ft
t -------
s WJI8)
II
,.
(
')' ,
"
, - .
- -'
~
1 ur
1.00'
tœ'51'.017'[
29.75'
PART 2
2.2 Acres.
z
I
~
-if PART 3
1.5 Acres.
L
SB B (1661)
Uß61)
IC"œCI"W
/IIÐo3Ol1!I
(Jtoo3O..oØ'
A-1OO.OO'
N!1"5of6O'W
AAC>11U3'
Qto112J.3"
~1OOJID'
N8*42'35"W
,
....-
,
r"
......
",
"
ai
-+~
...0
~«
Q.(b
Ò
§
;1
2'3
I ~
"
Arecr - 4.44 Acnir .. - ...
("
, ---.'"
-,
, -'
_ - J
, - ...
" - J
(, -
-'(, "
~ )"
....~...---
.....,
_\..J'
\ I
.....
i
I
I 1m
S8 US6D i
;
" M'>
C118Q)
;
.u"8Ø
I "'I
:S-6~ MI1Ii
I , NO';
~V.s <1.10 (P .1.OCr - - .. g
~) ~
.ftpj. IN. (H,·l ~ " 92.1& ~