HomeMy WebLinkAboutKIN 94 060 Sale/Land - Cable TV
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1994-60
A BY-LAW TO AUTHORIZE THE SALE OF LANDS TO KINCARDINE CABLE TV
WHEREAS The Corporation of the Town of Kincardine and
Kincardine Cable TV have entered into an agreement of Purchase
and Sale for the sale of a lot in the Kincardine Industrial
Park;
AND WHEREAS Kincardine Town Council 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 Kincardine Cable TV in accordance with the Agreement
of Purchase and Sale dated the 4th day of October,
1994 and to affix the corporate seal to such documents.
2.
The lands referred to consist of
north side of Kin-Huron Road.
a lot on the
3.
The purchase price for the said land shall be
plus an addition $25,000 due when servicing is
to this site.
$35,000
provided
4. This by-law shall come into full force and effect upon
its final passage.
5. This by-law may be cited as the "Sale of Lands to
Kincardine Cable TV By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 6th
day of October, 1994.
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Mayor
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This AGREEMENT made this 16th day of September, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First part,
-and-
KINCARDINE CABLE T. V. LTD.
hereinafter called the "Purchaser"
of the Second Part.
WHEREAS the purchaser wishes to purchase a parcel of land
in the Town's Industrial Park of approximately one hectare
in size and more particularly described in Schedules "A"
and "c" attached to and forming part of this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of other good and valuable consideration and
the sum of TWO DOLLARS ($2.00) of lawful money of Canada,
now paid by each of the two parties hereto, (the receipt
whereof is hereby acknowledged) the parties hereto
covenant, promise and agree with each other as follows:
1. PURCHASE PRICE AND TERMS OF PAYMENT
The full purchase price shall be
DOLLARS ($35,000.00) in lawful
adjusted in accordance with
paragraph 10 payable as follows:
(a) The sum of five thousand dollars ($5,000.00) to
be paid to the Town, as a deposit, to be held in
trust, pending completion or other termination of
this Agreement and to be credited upon the
purchase price on closing.
thirty-five thousand
money of Canada,
the provisions of
(b)
of the purchase
shall be paid by
Town on closing.
price, subject to
cash or certified
The balance
adjustments,
cheque to the
2.
CONDITIONS
This Agreement is conditional upon the Purchaser
applying for and being granted a building permit for
the construction of an electronics building in
accordance with the plans and specifications submitted
by the Purchaser to the Town (hereinafter called the
"Plans") on or before the date set for completion 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.
3. TITLE
The Town shall convey to the Purchaser a good title to
the land free from any encumbrance, subject to
reservations contained in the original patent from the
Crown, the restrictions and covenants which run with
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the land, and to those restrictions as set out in the
Town of Kincardine's Restricted Area By-law, as
amended, and any other applicable Municipal or
Provincial laws.
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4.
SEARCH OF TITLE
The Purchaser shall have until 15 days prior to the
date set for completion of this transaction pursuant
to paragraph 5 hereof to investigate the title at his
own expense, and if within that time the Purchaser
shall furnish to the Town in writing any valid
objection to the title which the Town shall be unable
or unwilling to remove, and which the Purchaser will
not waive, this Agreement (notwithstanding any
intervening negotiations) shall be null and void and
the deposit money returned by the Town to the
Purchaser without interest and the Town or Agent shall
not liable for any costs or damages.
5. DATE OF CLOSING
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6.
This transaction is to be completed on or before the
14th day of October, 1994.
TIME OF THE ESSENCE
Time shall in all respects be of the essence in this
Agreement.
7. COSTS
The Purchaser covenants to obtain all survey work
required to complete this transaction including,
without limitation, a Reference Plan of Survey of the
lands prepared by an Ontario Land Surveyor at his own
expense.
Each party is to pay the cost of preparation,
registration and taxes on his own documents.
8. TENDERS
Tender may be made upon the parties or alternatively
upon the solicitors acting for the parties.
9.
SERVICE CONNECTIONS
(a) The Purchaser agrees that the lands to be purchased
are not serviced by the Town of Kincardine.
(b) (i) The Purchaser agrees that it will be responsible
at its own expense for the installation of all service
connections, laterals, and appurtenances thereto
necessary for hooking into the water and sanitary
sewer services along Kinhuron Road. The parties
acknowledge that the Purchaser intends to construct an
office building on the lands utilizing services
available from Kinhuron Road unless the hard services
described in paragraph 11(a) have been installed prior
to that time.
(b) (ii)The Purchaser agrees to install at its expense all
necessary culverts and headwalls at access points of
ingress and egress to the land and to the standards of
the Town's Public Works Department as in (a) above.
(c) The Purchaser agrees to install, at its expense, all
required hydro electric, telephone, or other service
necessary to serve the Purchaser's building.
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10.
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11.
(a)
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(b)
AREA ADJUSTMENT
The purchase price provided for in this Agreement is
pursuant to Schedule "B" of this Agreement; prior to
closing the Purchaser shall provide the Town with an
up-to-date reference plan of survey of the real
property prepared by an Ontario Land surveyor at the
Purchaser's expense in accordance with paragraph 7 of
this Agreement setting forth the exact area of the
lands being purchased and, if such hectares shall be
either more or less than the estimated hectarage set
out in page 1 of this Agreement, the purchase price
shall be proportionately increased or decreased in
accordance with such variation.
HARD SERVICES
The Town acknowledges that internal hard services to
the subject lands may be installed at some time in the
future, at its expense, enabling the purchaser to
connect to those services at that time. Servicing
shall include roads, 250 mm sanitary sewer main,
street lights, street signs and 300 mm watermain.
Further the property shall be serviced with a 100 mm
sewer lateral and a 200 mm water lateral. Storm water
ditches in front of the properties within road
rights-of-way will be sodded or seeded at the expense
of the Town.
The purchaser agrees to pay to the Town the further
sum of twenty-five thousand dollars ($25,000) which
will be payment in full for the services outlined in
paragraph 11(a) (i) above. Such payment to be made
upon the Town completing the installation of such
services.
The purchaser shall be responsible for any costs
involved in the installation of lateral water service
in excess of 200 mm and lateral sewer service in
excess of 100 mm from the main to the property line.
(d) The purchaser shall be responsible at its own expense
for the installation of all service connections,
laterals, and appurtenances thereto as specified by,
and under the supervision of the Public Works
Department of the Town from the property line of the
said lands to any building or buildings erected or to
be erected thereon.
(c)
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12. EASEMENTS
13.
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If hydro electric, telephone services or other public
utilities are installed underground, the Purchaser
shall provide, grant and transfer to any such public
utility without compensation any and all easements
which may be required for such installation, whether
such installation is required to service the
Purchaser's lands or any other land in the Kincardine
Business park so long as such easements are located
within front, side or rear limit set back as required
by any municipal or other governmental authority.
DEED COVENANTS
The Purchaser covenants and agrees that Schedule "A"
forms part of this Agreement and that it is bound by
the restrictive covenants therein. The Town may, at
its option, require that any of the terms of this
Agreement and Schedule "A" be incorporated in any deed
or deeds to the Purchaser or its assigns or nominees;
and that such deed shall be executed by the Purchaser.
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14.
MERGER
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It is agreed that the delivery of any deed will not
merge or affect any of the terms of this Agreement and
Schedule "A" all of which shall survive the closing of
this transaction and continue in full force and
effect.
TAXES
Unearned taxes will be apportioned and allowed to the
date of closing.
16. RESIDENCY PROVISIONS
15.
The Purchaser warrants that it is not a non-resident
of Canada within the meaning of the Land Transfer Tax
Act.
17. ZONING
The Purchaser acknowledges that the property is zoned
as M-1 under the Town of Kincardine's Restricted Area
By-law as amended.
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18. BUILDING IN ACCORDANCE WITH PLAN
(a) If the Purchaser does not complete the construction of
the building for which a building permit was issued in
satisfaction of the condition contained in paragraph 2
hereof within one year from the date of completing
this transaction then the Town shall have an option to
repurchase the land as is at the same price paid by
the Purchaser less any amount paid or payable by the
Town as real estate commission, legal fees and survey
costs on the sale to the Purchaser, and less any
amount of municipal taxes payable on the land; and
less any amount paid or payable by the Town for land
transfer tax and legal fees incurred to re-purchase
the land from the owner.
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(b) The option herein given shall be exercised by the Town
giving the Purchaser notice in writing not later than
sixty (60) days after the expiration of the one(l)
year period referred to in paragraph 18(a) herein.
(c) In the event the Town exercises the option herein, the
Town shall pay to the Purchaser the amount as
calculated in subparagraph (a) above and the Purchaser
will reconvey the land to the Town free and clear of
all encumbrances. This repurchase shall be completed
within thirty (30) days after the notice exercising
the option shall have been given to the Purchase.
(d) All notices to be given hereunder may be given by
letter delivered or mailed, postage prepaid, and
addressed to the Purchaser at:
Kincardine Cable T.V. Ltd.
223 Bruce Avenue,
KINCARDINE, Ontario
N2Z 2P2
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19. FIRST RIGHT OF REFUSAL
(a) If the Purchaser, after the completion of the
transaction herein decide~to sell any of the land
that is vacant and surplus to its needs and receives a
bona fide offer to purchase the said surplus lands
which the purchaser is willing to accept, then the
Purchaser shall give written notice of such offer to
the Town by sending to it a true copy thereof and the
Town shall have the right, during the next twenty (20)
business days after the giving of such notice, by
written notice given to the purchaser, to elect to
purchase the said surplus land for the price
originally paid therefore adjusted in accordance with
paragraph 10. It is the policy of the Town of
Kincardine to encourage industrial development in the
business park and to discourage speculation on
purchase of municipally-owned industrial land.
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(b) If the Town does so elect, the notice given by it
shall constitute a binding agreement of purchase and
sale provided it is authorized by the Town by By-law
within ten (10) business days after the date of
acceptance by the Town. If the Town does not so
elect, the Purchaser shall be free to sell the
premises on the terms and conditions set forth in the
offer to purchase received by the Purchaser.
(c)
The right of the Town
and (b) above shall
purchaser of the land.
as set forth in subclause
be enforceable against
(a)
any
20. BINDING AGREEMENT
This offer when accepted shall constitute a binding
agreement of purchase and sale which shall inure to
the benefit of and be binding upon the parties hereto
and their respective heirs, executors, administrators,
successors and assigns.
21.
ALTERATIONS
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It is agreed that, notwithstanding any terms and
conditions outlined in the printed words herein, any
provisions written into the offer at the time of
signing shall be the true terms and shall supersede
the printed portion in respect to the parts affected
thereby. This offer and its acceptance is to be read
with all changes of gender or number required by the
context.
22.
REPRESENTATIONS
It is agreed that there are no representations,
warranties, collateral Agreements or conditions
affecting this Agreement or the real property
described herein, other than that expressly provided
in writing herein.
23. THE PLANNING ACT
Provided that this Agreement is subject to the express
condition that it is effective only when the
provisions of The Planning Act of Ontario, S.O. 1983,
Chapter 1, as amended, have been complied with.
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24. VALIDITY OF OFFER
THIS OFFER SHALL BE IRREVOCABLE by the Town until the
7th day of October, 1994, after which date, if not
accepted, expires and becomes null and void, and the
deposit paid hereunder sñáll be returned to the
purchaser without contest or penalty.
25. SEVERABILITY
It is mutually agreed that in the event that any
clause or provision of this agreement or any part
thereof shall be declared invalid, void or
unenforceable by any Court having jurisdiction, such
invalidity shall not affect the validity or
enforceability of the remaining portions of this
agreement unless the result would be manifestly
inequitable or unconscionable.
26. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective
successors and assigns (and shall run with the said
land owned by the parties).
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 6th day of October, 1994.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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The Town accepts this Offer and its terms and ~'UiÌl_ants, /2:'
and promises and agrees to and with the said ab~}l~Q,---~.,- ,
Purchaser to duly carry out the terms and condi tion&'.;ábov~.~ \. ..'
mentioned, and agrees to pass a By-law authorizing~1:k±s-'~'~'
transaction.
SCHEDULE "A" to an Agreement of Purchase and Sale
between THE CORPORATION OF THE TOWN OF KINCARDINE and
KINCARDINE CABLE T.V. LTD.
The Purchaser covenants with the TOwn to observe and comply
with the following restrictions/'the burden of which shall
run with the lands described herein for a period of 25
years from October 14, 1994, and the benefit shall run with
each part of the land now owned by the Town, being:
That certain parcel or tract of land and premise situate,
lying and being in the Town of Kincardine, in the county of
Bruce, and being composed of part of Lot C in Concession
"A"; and having a frontage of approximate 99 metres and an
area of one hectare as shown in red on the sketch attached
hereto as Schedule "C".
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1. The said lands or any part thereof shall not be used
for residential purposes.
2.
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No building or structure shall be erected or placed
upon the said lands or any part thereof unless the
same are generally fireproof, the materials of which
same are constructed are incombustible in composition
and the exterior construction is of brick, stone,
reinforced concrete, pre-cast concrete, or glass or a
combination of these materials or some other masonry
materials provided that such other materials shall
have first been approved in writing by the Town and
comply with The Building Code Act R.S.O. 1990, as
amended.
3. No metal-clad siding shall be used as a finishing
feature of any building erected or placed upon the
said lands or any part thereof, with the exception of
materials used for soffits and fascia.
4. The said lands or any part thereof or any building or
structure thereon or to be erected or placed thereon
or any part thereof, shall not be used for any purpose
or in such manner which shall be a nuisance to the
occupants or owners of any neighbouring lands or
buildings by reason of the emission from the said
lands or any part thereof or the creation thereof of
odours, gases, dust, smoke, noise, fumes, cinders,
soot or waste or otherwise, as prescribed by any
governmental laws, by-laws, orders and regulations.
No building or structure shall be erected or placed
and no parking area or driveway shall be laid out,
constructed or maintained upon the said lands or any
part thereof, unless the site plans and working
drawings, including elevations thereof, shall have
been prepared by a qualified professional engineer or
architect and shall have been first submitted to and
approved in writing by the Town or its successors and
such building, structure, parking area and driveway
shall have been erected, placed, laid out, constructed
and maintained, strictly in accordance with the site
plan and working drawings as approved and with the
requirements of governmental laws, by-laws, orders and
regulations. The words "building or structure" where
used in these stipulations, restrictions and
provisions shall include, without limiting the
generality of the foregoing, a water tower, smoke
stack, tower, transformer, pump house, silo, cyclone,
hopper and fence.
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5.
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schedule "A"
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6.
No building shall be erected on said lands with a
ground floor finished floor elevation of less than 30
centimetres above the centre line of the roadway
immediately in front of the land. No truck receiving
or shipping doors shall face the street on the front
elevation of the building.
7. No signs, billboards, notices or other advertising
matter of any kind shall be erected or placed (except
as hereinafter provided) upon any part of the said
lands or upon or on any building or within any
building where the same may be visible outside or upon
or on any fence, tree or other structure on the said
lands without the prior written consent of the Town or
its successors, provided further that consent shall
not be required in respect of a sign of reasonable
dimensions and usual type offering the said lands for
sale or offering the said lands or any part thereof
for rent.
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8.
No excavation shall be made on the said lands except
excavations for the purpose of construction thereon or
for the improvement of the grounds thereof. No soil,
sand, earth or gravel shall be removed from the said
lands except as part of any such excavation. No
storage of excess material from excavation or
construction shall be permitted for a period longer
than what is sufficiently required to complete the
construction program including seasonally affected
items such as landscaping, paving and final grading.
No building waste or other waste material of any kind
shall be dumped or stored on the said lands except as
hereinbefore mentioned.
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9. No living tree shall be cut down or removed from the
said lands other than those standing in an area to be
excavated for the erection of a building thereon or
within an area for parking as indicated on the site
plans approved by the Town without the consent in
writing of the Town or its successors.
10. No building shall be deemed completed until
landscaping of grounds, lawns and shrubbery
surrounding the building are improved in such a manner
as to be in keeping with the general appearance of the
surrounding lands and in accordance with landscaping
plans approved by the Town. Landscaping shall include
sodding (No. 1 grade nursery sod), trees, bushes and
other plantings, and shall be completed within nine
(9) months of the issuance of an occupancy permit.
11. The balance of the lands other than those parts hereof
upon which a driveway, parking, or shipping-receiving
area is maintained, shall be kept in a neat and tidy
manner, free of weeds, garbage waste materials, and
other noxious items.
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12. No accessory building, structure, above ground storage
tank, or enclosure shall be placed, installed or used
upon the said lands without the prior written consent
of the Town or its successors.
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Schedule "A"
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13. No fencing, separation,9r other form of area
delineation shall be placéd, installed or used upon
the said lands without the prior written consent of
the Town or its successors as to location, type of
fencing, means of separation, or other form of area
delineation contemplated. In any event, no such
fencing, separation, or other form of area delineation
will take place in the front yard of the said lands,
other than a driveway or a hedge.
14. The Town may waive, alter or modify these restrictions
in respect to any lot or lots in the Kincardine
Business Park without notice to the owner of any other
lot so long as the Town retains ownership of any of
the lands above described and now owned by the Town,
or any lands purchased under Clauses 18 and 19 of this
Agreement.
15. The Purchaser agrees to obtain from any subsequent
purchaser or transferee from him a covenant to observe
building restrictions and other covenants herein set
forth including this clause.
· 16. In the event the Covenants herein are more restrictive
than the By-laws, that are in force from time to time
in the Town of Kincardine, then the Covenants herein
will prevail. In the event the By-laws that are in
force from time to time in the Town of Kincardine are
more restrictive than the Covenants herein, then the
By-laws will prevail.
17.
These covenants shall be binding upon and
benefit of the respective heirs,
administrators, successors and assigns of
inure to the
executors,
the parties.
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SCHEDULE "B" to an Agreement of Purchase and Sale
between THE CORPORATION OF THE TOWN OF KINCARDINE and
, KINCARDINE CABLE T.V. LTD.
Land Price
$60,000.00 per hectare (serviced)
$35,000.00 per hectare (unserviced)
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This Agreement made this &fh day of October, 1994
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BETWEEN:
KINCARDINE CABLE T.V. LTD.
(hereinafter called the "Corporation")
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN
OF KINCARDINE
(hereinafter called the "Town")
OF THE SECOND PART
WHEREAS the Corporation has applied to the Town for permission to
install and lay down underground wires, cables, amplifiers and
other accessory equipment and the pipes, ducts and conduits for
enclosing the same in, upon and under the lands outlined in red in
the sketch annexed hereto as Schedule "A (the "Lands");
AND WHEREAS the Town has agreed to grant such permission on the
terms and conditions set out below:
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of
the mutual covenants and agreements herein contained, and the sum
of ONE DOLLAR ($1.00) now paid by the Corporation to the Town, the
receipt of which is hereby acknowledged, the parties hereto agree
as follows:
1. Upon the Corporation complying with paragraph 3 hereof, the
Town hereby agrees to grant to the Corporation an easement in, upon
and under the Lands in the form of the draft easement annexed
hereto as Schedule "B".
2. The Town's agreement in paragraph 1 hereof is conditional
upon the Corporation obtaining all approvals required under any
applicable laws, rules or regulations.
3. The Corporation agrees at its expense to forthwith prepare
a Reference Plan of survey for the Lands and to deposit the same on
ti tle.
4. This agreement shall enure to the benefit of and shall be
binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunt
and seals.
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·
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·
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SCHEDULE "B"
This Grant of ~asement made the
day of
19
BE T W EE N :
THE CORPORATION OF Tat TOWN OF KINCARt>INE,
Hereinafter called the "Transferor"
OF ~aE FIRST PART
- and -
KINcARDINE CABLE T.V. LTD.
Hereinafter called the "Transferee"
OF THE SECOND PART
WHEREAS:
(a) The Transferor is the registered owner of the lands described
in Box (5) of page 1 of this Transfer (hereinafter called the
"Lands ");
(b) The ~ransferee is the registered owner of the lands described,
in Schedule "A" hereto annexed;
NO~ TaEREFORE, in consideration of the sum of ONE DOLLAR ($1.00)
now paid by the Transferee to the Transferor, the receipt of which
is hereby acknowledged, the Transferor transfers and conveys unto
the Transferee an easement and covenants with the Transferee as
follows:
The Transferor transfers and conveys unto the Transferee, its
successors and assigns, in perpetuity, the free, uninterrupted
and undisturbed right and easement to enter upon the lands
described in Box (5) of page 1 of this Transfer at any time to
install and lay down underground wires, cables, amplifiers and
other accessory equipment, and the pipes, ducts and conduits
for enclosing the same, for the pùrpose of transmitting
electrical impulses, signals and messages, including
television programmes or parts thereof, in, upon and under the
said lands and further to repair, correct, operate, replace
and maintain at all times in good condition and repair such
equipment and for every such purpose the Transferee shall have
access, to the said lands at all times by its agents,
servants, employees and workmen.
2. The Transferee covehants and agrees to use its best efforts to
minimize interference with public property and that, upon
completion of any work undertaken hereunder, the Transferee
will restore the areas of land upon which it has performed
work to the same condition as that in which the lands were
found prior to the commencement of thè work.
1.
3. The Transferor covenants with the Transferee to keep the lands
herein described ,free and clear of any trees, buildings,
including building projections such as window sills, chimney
breasts, cornices; eaves and other architectural features,
swimming pools, structures or obstructions as may be necessary
for the use, operation; repair, replacement or maintenánce of
the easement and not do or suffer to be done anything which
might injure any of the works of the Transferee thereon.
The Transferee shall always, indemnify and keep indemnified the
Transferor against all actions, suits, claims and demands
which may be broUght against or made upon the Transferor and
against all loss, costs, damages; charges or expenses
whatsoever which may be incurred, sustained or paid by the
Transferor in consequence of the exercise by the Transferee of
the easement hereby granted.
4.
--
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_6
·
·
·
·
- 2 -
The Transferee, by the acceptance and registration of the
within Easement aqrees to be bound by the terms and provisions
contained herein.
5.
6. The burden and behefit of this Agreement shall run with the
lands herein described and shall extend to and be bindinq upon
and enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and
assigns.
IN WÌTNESS WHEREOF the parties hereto have hereunto affixed their
corporate seal.
SIGNED, SEALED AND DEt±VÉRED
in the presence of
)
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THE COàPORÀTION OF THE TOWN OF
KINCARDINE
Per
Mayor
Per
Maureen Couture
Clerk~Administrator
KINCAkDINE CABLE T.V. LTD.
Per
Bryan Walden, President