HomeMy WebLinkAboutKIN 98 067 Sale/Ld-Baptist Chur
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LA W
BY-LAW NUMBER 1998 - 67
OF THE CORPORATION OF
THE TOWN OF KINCARDINE
A BYLAW TO AUTHORIZE THE SALE OF LAND TO KINCARDINE
FELLOWSHIP BAPTIST CHURCH
WHEREAS the Kincardine Fellowship Baptist Church wishes to purchase trom the
Town of Kincardine a lot tronting the north side of Mahood-Johnson Drive having an
area of 3.01 acres, in the Town of Kincardine, in the County of Bruce and being more
particularly described on Schedule" A" of the Agreement.
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 convey the lands described on Schedule "A", attached
hereto, to the Kincardine Fellowship Baptist Church.
2.
The sale price for the said lands shall be twenty-six thousand dollars
($26,000.00).
3. The net revenue from this sale shall be deposited in the Industrial Development
Reserve Fund.
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 Kincardine Fellowship Baptist
Church By-Law".
READ a FIRST and SECOND time this 5th day of November, 1998.
READ a THIRD time and FINALLY PASSED this 5th day of November, 1998.
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S_CHEDULE~
The Purchaser acknowledges and agrees that the Vendor shall have the right to change the location
of Mahood-Johnston Drive to the position shown in the sketch annexed hereto as Schedule "B" in
which event (a) the Vendor shall not be obligated to convey to the Purchaser the lands shown shaded
in green on the said sketch, and (b) the south boundary of the Property shall be moved further south
and parallel to the south boundary shown on the sketch so that the Property being conveyed will still
be 3.01 acres in area.
This Agreement is conditional upon the zoning of the Property being changed from M -2 to R -1 prior
to the date scheduled for the closing of this transaction, failing which this Agreement shall become
null and void and the Purchaser's deposit shall be returned to him in full without interest or
deduction. The Vendor agrees to use its best efforts to obtain the said re-zoning at its expense. The
Vendor shall further have the right to extend the date for completion for up to one month to January
29, 1999 to complete the said re-zoning provided that it gives prior written notice of such extension
to the Vendor on or before December 8, 1998.
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DYE & DURHAM CO INC
FORM 101
JANUARY 1998
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
Weir ShPRne 88 agent for
PURCHASER, ...Ki n c a r~ i ¡I ç ..j1'.(;.~.1..()."'.~.?~.p....~~:p.t~~~....~.~':l~.~~....él.Il.~....~~.t.~.o..~.~....P.~.~.~.<:)~.él.~..., ~~r~ert~ ~u~tXe from
IFulllegal names of 011 Purchasers)
The Corporation of the Town of Kincardine
INDOR' ., .... ................ .. ..................................., the following
_ , ............................................. ................... .... ..iF~·lïl~·g~ï~~,:,;~;ci alïvendors
,- d:~:~~~E~~:................................................ .. ....... ... .. ..... fronting on the North. . side 01. Mahoo.d-:JohnsQI1. Pri ve.
)Ø{i)íjK.. b~ing.. Qµ t.Un~.q.. In.. y~J lqy.. 9.D-.. ~h~.. .13.1c~ t:<:h.. é,lD-J:l~.x.~.d.. .11e.r:~t(). .él5... .Schedule .. ':.~ ".,....................,................,............
X1K<XIxK~KX~Kf..... ............ ...........,..1E&K)!j~~ycK:~ ............Hi&KKIXI~K*Mlr9'~~~~
.....................
......................................................................... -
.". ............... ...,.......... ............................................................,.....
...,..........,....... ...............,.,.....,.......,...,..................,............,............................................,............... ..,...............,..........,........................,.....,. .Ithe "property"),
h· 1 t f 3 01 (legal desCliption of land including easements)
aVlng a 0 area 0 . acres.
PURCHASE PRICE: . .'D.œNTI::-:SJx.. .::P.IQT.;r~::-.::--:-:::-:::::-:::-~::-..:~::-:::-~-::-~-::-..:~::-.-::-~-::-~:-:-.-:-::-:--:-:~-:-:.-:-:~.-::~.-:-:~.~.. .Dollars (CDN$ .z.~? 9.99..~ 9.9.....,........,..j
DEPOSIT:
Purchaser submits t.
..... .TUREE.. J1IQµ$AN:Q-:-~r::-.-:-:::-.-:-:~-::-~-::-.-:-:::-::-:~-::-~-::-.-:-::-:-,-::-~-::-~:-:-.-:-::-:-.-:-:~~·-::~·-:-:~·-:-:~-:-:~~.. .Dollars ICDN$ }.~.()9.q ~.9.q,...............,..)
¡Herewith/Upon acceptance
cash or ncgotiable chequc payable to................................................................................... ............................................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 as follows:
This Agreement is conditional until the 27th day of November, 1998, upon the cnngregation of
Kincardine Fellowship Baptist Church approving the within purchase, failing which this Agreement
shall become null and void and the deposit shall be retllrned to the Purchaser in full without
interest or deduction.
The Vendor covenants to provide water and sanitary sewer services to the lot line prior to
the closing of this transaction.
.
1.
A and B .
SCHEDULE(S) .....................................................attached hereto form(sl part of this Agreement,
CHATTELS INCLUDED: ........ ...N/A...,........ .......... ............ ........... ................. ......... ..............
...............
......................................................................
...............
..............................................................................................
-- .............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
FIXTURES EXCLUDED: ............N/A..........................................
..................
.................
........................................................................
.. ~~'~~~'~'I~~~~:' ~~~. ;~;I~~i~~' ~~~'i~~'~~;' ;~. ;~~'t~~' ~~·d'~~~· ;~~;~d~d';~ .;~~. ~~·;~~~~~~·;i~~·.· .~~~ .~~;~~~~~; .~~;~~~.;~ .~'~~~~~ .;~.~. .;~~;~; ~~~'t~~~;I~i,";; '~'~~~~~b;~':"'"
NM...."...................,......,......,.,.......,.....,...,..........,...,..."................,............,.............,................................,......~.....,.".,.,..,........
4. IRREVOCABILITY: This Offer shall be irrevocable by ..fu+.çþß.ß.~r........until ...JL:59....p.m on the ....~~>.......day Ol\:-.\~~ 19~~,
Vendor IPurchoser
after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the ...?.9.~l:1............................. doy of .D.~~.~fo.1Þ~r:.L....., 199..8..
Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
NOTICES: Vendor hereby appoints the listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. If the Co-operating Broker
represents the interests of the Purchaser in this transaction, the Purchaser hereby appoints the Co-operating Broker as 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 herein or, where a facsimile number is provided herein,
when transmitted electronically to that facsimile number,
FAX No. ............................... .............For delivery 01 notices to Vendor) FAX No, ....................................................................IFar delivery of notices to Purchaser)
7. GST: II this transaction is subject to Goods and Services Tax IG,S.T., then such tax shall be ......included...:L!l.......................................the Purchase Price.
lincluded inlin addition to)
If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T.
5.
6.
B. TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the ....~.9..t.l1...........day ol..~c::~Þ.~~L..........................., 19 ~~....., IRequisition Date} to
examine the title to the property at his own expense and until the earlier of: Ii) thirty days Irom the later of the Requisition Date or the date on which the conditions in
this Agreement are fulftlled or otherwise waived or; (ii) live days prior to completion, to satisfy himself that there ore no outstanding work orders or deficiency notices
affecting the property, that its present use ( ........ ............................. ....... ............. ........ .......... ..... ....... ............. .................... ............,........... .......... ................)
may be lawlully continued and that the principal building may be insured agoinst 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 agrees to execute and deliver such further authorizations in
this regard as Purchaser may reasonably require.
~ . "UTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will
. ,lawful except as may be specifically provided for in this Agreement.
rLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically
:ovided in this Agreement and save and except for la) any registered restrictions or covenants that run with the land providing that such are complied with; Ib) any
·',--_.//registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to
ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; Ic) any minor easements for the supply of domestic
utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines,
cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid
objection to title or to any outstanding work order or deficiency notice, or to the fact the said 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
not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned
without interest or deduction and Vendor, listing Broker and Co-operating Broker shall not be liable for any costs or damages. Save as to any valid objection so made
by such doy and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
FOIlM No 101
OIlEA
11. DØC:UMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of title 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 Vendor'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 incorporated pursuant to the loan Companies
Act (Canadal. Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion,
is not available in registrable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge
in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to
Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor
directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.
12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this
. Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor.
, INSURANCE: All buildings on the property and all other things being purchased shall be and remoin until completion at the risk of Vendor. Pending completion,
Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the eventof substantial damage,
,./ Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any Insurance and complete
the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser
shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion,
14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning
Act by completion and Vendor covenants to proceed diligently at his expense to obtain a~y necessary consent by completion.
15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the land Transfer Tax Alfidavit, be prepared in registrable form at the expense of Vendor, and any
Charge/Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer/Deed
to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R,S.O. 1990.
16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue 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. Purchaser shall not
claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of
fuel, as applicable, shall be apportioned and allowed to the do)! of completion, the day of completion itself to be apportioned to Purchaser.
18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended
or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard.
19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. 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.
20. 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. 1990 unless Vendor's
spouse has executed the consent hereinafter provided.
21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be
insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation
that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building,
this warranty shall only apply to that part of tne buildi'!f which is the subject of this transaction
22. CONSUMER REPORTS: The Purchaser is hereby notified thot a consumer report contoining credit and/or personal information may be referred to in connection with
this transaction.
23. AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
24. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreementincluding any Schedule attached hereto) and any provision
in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict, This Agreement including any Schedule
attached hereto, shall constitute the entire Agreement between Purchaser and Vendor, There is no representation, warranty, collateral agreement or condition, which
affects this Agreement other than as expressed herein, This Agreement shall be read with all chonges of gender or number required by the context.
. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and aSSg~S Jf the undersigned are bou~b~n, ¿J ~
~,g~~D.' SiAÈÈÖAD ~~':¡~[~¡;~h';j;';;i·· ·,N· wiiNËss~h ...;,,'hi. ~TA;¡'};; ;;;;;;; h;;;;;:J ~;;,.. .... ... .QOt9laM:~...w..w. ,99.8 ..i¡ I·
.. ...,.h:I.:: ..c.~..... ~... . ........., ......¿:;~............. . DATE ...~~,,~J99.ß
(Wltncss) (Purchaserl (Seal)
Heir Sheane .
DATE ..............................................
Iv\ì¡i~~;;ï"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' IPu,~¡;~;~;i""·""""·······"·"··"··"""··· ......................................... (Seal)
I, the Undersigned Vendor, agree to the above Offer. X~}OUélef~U~~~~~~~~~~Ðt'S3i~~mß?ð~~x
~~*~~ßKQQxJQx.«X:tK1toex:mc}(Citl(~~)CiMä~~KiísXIKðý~rfø1C:¡~:¡~~"~'!I1f~~~ibr-fbl\1n9"~~ìI't~cf1ííe
~~R'ttI,..~R.}et~~~)Q]g~mcOCIIQ"ba~
DATED at ...................Kim:;.qrQJD~.........................................................this ................................,.day of ......................................................19 9.ß..........
SlGNEDSEAlED:DDElIVERED¡".,P,:~""".... '1!NéÖll~~¡g;:ð~~~~II(;¡\R.DATE ......~...,.!~/~~.m..
:~f1J¡æ................................. :=:::~~~k·················W! DATE QQ\)121··92w.
SPOUSAL CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the f)rovisions of the Family law Act,
R.S.O.1990, and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein.
.
IWíi~~;;ï"""'"'''''''''''''''''''''''''''''''''''''''''''''' ........ ..... ....... iŠp~~;~i"'" ................. ............... .......,.. ....... ......,. ....................... ISeol) DATE ................. .......... ..................
.::i:^a~~I.~.~. ~~, ~~:c~;::: t~i:~i.t~~t~n.d~~9. .a.::i:~ ~~,~:~,i,~~~. ,~~:~í.n.t~ t.~~ .c~~t~.ar.y,. ,I, .~O;h.~~ .t.~i~ Agree~~.nt .~'th .~.I: .c~~.ng.es. .~~. ~~. a.n~ .~~:n~~. ~.as.I:~.~II.y .~.~~~te.~. ~~
¡Signature ot Vendor or Purchaser!
CONFIRMATION OF REPRESENTATION
I hereby acknowledge and confirm the listing Braker represents the interests of the
............ .....,........ .....,....,.. ............ ............ .....in this transaction.
Vendor /Vcndor and ,hc Purchaser)
I hereby acknowledge and confirm the Co-operating Broker represents the interests of the
.......................
..in this transaction,
Vendor/Purchaser)
Si9~'~'t~~~ '~'{ Ú~ti'~g 'B~~k~~'~~' ~~th'~~'i~~'d";~p~~~~~'t~t¡~~"
...................,......
Siil~~t~~~· .~{ c~~p~;~·ti~9· B;~k~;' ~~. ~~ïh~~¡~'~' ~~p;~~~t~ti'~~"
Name of listìng Braker
Nome of Co-operating Broker.
I. ..... H)"
Tcl. No.
- .. .............
HH(H . HHI
FAX No.
......................
(H .....1
Tel No.
H HH.I ..)
FAX Na.
ACKNOWLEDGEMENT
I acknowledge receipt of my .igned copy 01 this accepted Agreement of Purchase
ond Sale and I authorize the Agent to lorward 0 copy to my lawyer.
I ocknowledge receipt 01 my signed copy 01 this accepted Agreement 01 Purcha.e ond
Sole and I authorize the Agent to forward a copy to my lawyer.
..... DATE
IPurcha'~rl
... DATE
Vcndorl
IŸ~~d~;¡
DATE
...... DATE.
Address for Service:
..".................
(Purchaser)
Address for Service: .
, ... ,... ...... .
.......Tcl. No. I ...... .......).
...Tel. No. I· ......I..·
Vendor's lawyer .
ArlrlrAS~... '
Purchaser's lawyer.
Addrcss.. .
. \ HH.H·........ 'H~Ä.X No. ·1 '" ...... IT~ NO:') ...
\. ~FICE USE ONLY COMMISSION TRUST AGREEMENT
To: Co-operating Broker shown an the foregoing Agreement 01 Purchase and Sale:
In consideration lor the Co-operating Broker procuring the foregoing Agreement 01 Purcha.e and Sale, I hereby declare that all moneys received or receivable by me in connection
with the Transaction as contemplated in the MlS Rules and Regulations 01 my Real btate Board shall be receivable and held in trust. This agreement shall constitute a Commission Trust
Agreement as defined in the MlS Rules and shall be subject to and governed by the MlS Rules pertaining to Commission Trust.
DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sale, Acknowledged by:
H·t . .
FAX No.
··1
S¡g'~~-I~'r'~ '~'f' L¡~;i'~g' 'B;~'k~~'~; '~~Ih¿~¡~~d' 'r~p~~;~~i¿t¡'~~"""""'"
............................
s·ig~~i~;~· ~i 'ë~p~·r~ii~g· ä;~k~;'~; ·~~·th~;¡~~d· ;~p;~~~~t~ti~~""""""""""""""'"