HomeMy WebLinkAboutKIN 93 001 Ld Purchase-Farrell
THE CORPORA TION OF THE TOWN OF KINCARDINE
.
BY-LAW
BY-LAW NO. 1993-1
A BY-LAW TO AUTHORIZE THE PURCHASE OF LANDS FROM R G & G FARMS
LTD.
WHEREAS The Corporation of the Town of Kincardine and R G
& G Farms Ltd. have entered into an agreement of Purchase and
Sale for the purchase of lands on the West side of Highway 21
in the Town of Kincardine, being part of Lots B & C Concession
riA";
AND WHEREAS Kincardine Town Council deems it expedient to
purchase these lands for expansion of the landfill site;
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 purchase such
lands from R G & G Farms Ltd. in accordance with the
Agreement of Purchase and Sale dated the 23rd day of
December, 1992 and to affix the corporate seal to such
documents.
2. The lands referred to consist of 9.93 acres west of
Highway 21 in the Town of Kincardine, being part of Lots
B & C Concession "A".
3.
The purchase price for the
$143,534.00.
said land
shall
be
4.
This
its
by-law shall come into full force and effect
final passage.
upon
5. This by-law may be cited as the "Farrell Land Purchase
By-law".
READ a FIRST and SECOND time this 7th day of January, 1993.
READ a THIRD time and FINALLY PASSED this 7th
1993.
day of January,
.
\
" IN II ' , tn 1
.
. -
~e'N8Ql1\e and Gilbert
....·,~in-ftp«to (218.5)
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AGREEMENT OF PURCHASE AND SALE
IIWe.
THE CORPORATION OF THE TOWN OF KINCARDINE
of the
of
(as Purchaser), having inspected the property. hereby
agree to and with
R G & GF.ARMS. LTD.
(as Vendor)
,Augh no.. ... .
~.urchase All nnd Singular the premises on the
Agent for Vendor
West
side of
Highway 21
in (he
Town
of
Kincardine, being part Lots B & C
mo:¡~J4K
Concession
"A"
frontage of 1.100 feet
more or less as shown
(120 meters more or less)
moreorless,byadepthof393,7 feet / níore or less. being 9.93 acres
outlined in red on the sketch attached hereto
J¡\åi\r1li~~M~
havin~ a
~~
... registered in (he land Regislry Office for (he Registryl
~~~Divis¡on of .Bruce. ,( No. ]) (herein called the "real property'·)
AND THIRTY-FOUR
allheprkeof ONE HUNDRED. FORTY-THREE THOUSAND, FIVE HUNDRED/ DolI.,,(¡l43,534.00
of lawful money of Canada, payablCOÐhKlx
c eque
to the said Agent/Vendor on this date as a deposit to be held in trust pending completion or other lermination of this Agreement and to be credited
on a~coun' of the purchase price on closing: and agree to pay the balance by cash or certified cheque
subJect to t~al adJustments arn] LIn::: o.J.~uoL.ut::uL [,..,.1.. ac....oçCJ.":ft' Jco......L..:..L~ð.
1'~Lcift.~ ~~
Schedule "A' attached forms part of this Agreement.
",ri; UP ~
Ten Thousand-----------------::---Dollars ($ l(), 000.00
1l- flr-t-fl1./-tr
"1"'",$
~ P") ,,/I
S'lArr/'t 7
The Vendor represents that as at the date of acceptance hereof the Vendor has not received from any municipal or other governmental
authority any deficiency notice or work order affecting the real property pursuant to which any deficiencies are required to be remedied or
any demolition, repain or replacements are required to be carried out. If the Veodor receives any 'SUch deficiency notice or worle. order after
the date of acceptance hereof, the Vendor shall forthwith produce same to the Purchaser for inspection. If by the date of closing the Vendor has
not either (8) complied with such deficiency notice or work order, or (b) sett1ed with the Purchaser any question of an abatement of the
purchase price arising out of such deficiency notice or worle. order, the Purchaser may at his option either (a) accept the real property subject
to such deficiency notice or work order or (b) terminate this Agreement. In the event of termination as aforesaid, all moneys paid hereunder
shall be returned to the Purchaser without interest or deductions.
The spouse of the Vendor shall consent to this Agreement, and shall agree to consent to the transacûon evidenced by the deed or transfer.
Tenancy, if any
N/A
The purchase price herein shall include the following, free and clear of encumbrances:
All fixtures, which shall remain affixed 10 Ihe real property. except the following fixtures which may be removed by the Vendor prior to
closing: N/A
The following chanels all of which are owned by the Vendor:
C::rf
; {."I/Øf\-
This Offer shall be irrevocable by (hI!;; r.....I.u...r until 5: 00 p.m. on the 22~~a day of December, 19 92
eer which lime. if not "ccepled, this Offer shall he null and void and the deposil returned to (he Purchaser withoul interest or deduclion.
"'''- Provided the title is good and free from all encumbrances, eKeept as aforesaid, and except local rates, and except as to any registered
restrictions or covenants that run with the land provided tbat such are complied with, and except for any minor easements for hydro, gas,
telephone or like services. Purchaser to accept the real property subject to municipal and other governmental requirements, including building
and wllmg by-laws, regulations and orders, provided the lame have been complied with. Vendor agrees to authorize municipal aDd other
governmental authorities to release unto the Purchaser or his solicitor any information on file pertaining to such requirements.
The Purchaser to be allowed / u n ~a~: fr~J f6~ åa?e9of acceptance hereof to investigate the title at his own expense, and to satisfy
himself that there is no breach of municipa1 or other governmental requpements affecting the real property, and that its present use may be
lawfu1ly continued. If within the time allowed for examining title. the Purchaser shall furnish the Vendor in writing with any va1id objection
to tille, or to any breach of municipal or other governmenta1 requirements, or as to the fact that the present use may not lawfu1ly be continued,
which tbe Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will nol waive, this Agreement shall,
notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser, without interest or
deductions and the Vendor and the Agent shall not be liable for any costs or damages. Save as to any valid objection so made within such
time, the Purchaser shan be conclusively deemed to have accepted the Vendor's title to the rea1 property.
GJF:
V..A
L
. ,
·
Offer to Purchase
Page 2
Ne\\'M:¡ne,;¡nd Gilbert
-. ~rm LFI091 (10/86)
, '
The Purchaser shall not call for the production of any title deed. abstract, surveyor other evidence of (ille except such as are in the
po~session or control of the Vendor. The Vendor agrees that he will deliver any existing survey to the Purchaser so soon as possible and prior
to the last day allowed for examining title.
This Agreement shall be completed on or before the 6th day of July,
possession of the real properly shall be given to the Purchaser unless otherwise provided for herein.
. 1994 on whièh dale vacant
Until completion of sale all buildings and equipment on the reat property shan be and remain at the risk of the Vendor, and the Vendor
will hold all policies of insurance effected on the property and the proceeds thereof in trust for the parties hereto, as their inte~ts may appear.
.. he event of damage to the said buildings and equipment before the completion of this transaction, the Purchaser shall have the right to elect
ke such proceeds and complete the purchase, or cancel this Agreement, whereupon the Purchaser shall be entitled to the return, without
rest or deduction, of all moneys theretofore paid on account of this purchase. Vendor agfees to furnish Purchaser with copies of existing fire
insurance policies within seven days of the date of acceptance hereof.
Unearned fire insurunce premiums, fuel. taxes, interesl. renl11ls, and :111 local improvement and water rates and other charges for muni.
cipul improvements 10 be apportioned and allowed to the datc of t:ompletion of sale (the day itself to be apporlioned to the Purchm.er).
Pro\lided Purchaser may clcçt not to accept assignment of fire im¡urnnce in which case no adjustment for insurance premiums.
The deed or transfer, save for Land Transfer Tax Affidavit, to be prepared at the expense of the Vendor in a form acceptabJe to the Purchaser
and it a mortgage or charge is to be given back, it shall be prepared at the expense of the Purchaser in a form acceptable to the Vendo~.
Pro\lided that this Agreement shall be effective only if the provisions or Section49 of the Planning Act, as amended, are complied with.
The deed or transfer shall contain the statement of the Vendor and the Vendor's solicitor referred to in section 49 (21&) of the Plan-
ning Act, 1983 as amended.
The Vendor represents and warrants to the Purchaser that the buildings on the property have not been, and will not be at the date
of completion, insulated with urea formaldehyde foam bunllation. Tbis warranty shall survive the completion of this transaction.
The Vendor represents and warrants that no consent to this transaction Is required pursuant to section 21(1) of the Fiunlly Law Act, 1986
unless the Vendor's spouse has executed this agreement to consent there~ and that the TransferfDeed shaJl·contaln a statement by the
Vendor as required by subsection (3) of section 21 or the spouse of the Vendor shall execute the Transfer/Deed to consent thereto.
Vendor further agrees to produce evidence that he is not now and that on closing he will not be a non-resident of Canada within tht
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 dosing.
This Offer. when accepted. shall constilute a binding conlracl or purchase and sale, and time in all respecls shall be of the essence of this
A¡;reement.
It is agreed that there is no representation. warranty. collaleral agreement or condition affecting this Agreement or the real properly or
supported hereby other than as expressed herein in writing.
Any lender of documents or money hereunder may he made upon the Vendor or Purchaser or upon the solicitor acting for the parly on
whom tender is desired, and it shall be sufficient that a cheque cerlified by a ch<:rlercd bank or trust company be tendered instead of cash.
Each party 10 pay the cosls of registration and taxes on his own documents.
This Offer and ¡Is acceptance 10 be read wilh all changes of gender or number required by Ihe context.
~
Kincardine this )'1J1---. day of NEv:eRl5¿r,
the corporate seal of the Purchaser has
IN WITNESS WHEREOF ! _1i~XXXXXXIlfol(ð{XX_iCiUt.
its proper offi ers in that behalf. ,,_,,':, /--, "_ ..>-.
~~~::~;s::c:~~:D AND DELIVERED ~~-~~K'ÌNÒL~:%NE
.. ..... ....... .... . ..... . ~.. .~ _.;JªlIix Seal)
--
DATED a.
19 9~
hereto
been affixed by
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.,. ., "~,~~_~~.,, ~',~Affix Seal)
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-';..- ¿...;......:.-.,....'~...
IIWe, hereby accept the above olTer. and covenant, Wit the above·named Purc'kaSðf..J.G4ul)ì carry out Ihe same
on the terms and condilions above mentioned, and hereby accept the deposit of $ 10, 000 . 0 O~i)V'J<~ttI1{1f9IirKx
~~~~*¥~~~xxxxxxx~~xXXXXX~HXOOKMXKMKNMX~OOXK~K"~~.~"~~~~
~~i¡lIQÐX3( JtKbexk_ioRbt_~
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~
~¥~OCooxœK_be>!OlOlIlClioo>e"¡~dtbt>tbfidPl'JtJr04M1I1:<'WR
X--* Ät~fIIR~~)1:~ {I)/.!oi!k
fv'. Otc.vJw-
Kincardine .. 2. II '-
.ATED at this '- day of "'-Jv'-u......¿.J:: , 19
the corporaté seal of the Vendor has hereto
IN WITNESS WHEREOF ! ~~1\o~¡XXXXXX~iCxxx,¡¡,¡UkJil.
its proper offi ers in that behalf.
SIGNED,SEALEDANDDELlVERED R G & 1jÎF S L.TD.. I~/.
In the presence of: ... 'C~
I l Vif'ndor
~:
92.
been affixed by
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-'''JJ,.,
¡-,,!fix Seal)
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Vendor or Vendor'. Spo~
(Allix Senl)
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1.
.2.
3.
4.
5.
6.
.
SCHEDULE "A"
This Agreement is conditional until the 8th day of January,
1993, upon the Council for The Corporation of the Town of
Kincardine passing a by-law authorizing the acquisition of the
real property by the Purchaser, failing which this Agreement
shall be null and void and the Purchaser's deposit shall be
returned to it in full without interest or deduction.
This Agreement is conditional until the 3rd day of June, 1994,
upon the Purchaser being able to obtain all necessary
governmental approvals to use the real property for the
expansion of its existing landfill site, such approvals to
include, without limitation, (i) the redesignation of the real
property under the Official Plan for the Town of Kincardine
and the rezoning of the real property to permit the use of a
landfill site, (ii) the issuance of a Certificate of Approval
under the Environmental Protection Act for the interim
expansion of the landfill site, and (iii) an exemption from
the provisions of the Environmental Assessment Act pursuant to
Ministerial Policy applicable to interim expansion of
municipal landfill sites. If this condition is not met by the
3rd day of June, 1994, then the Agreement shall be null and
void. This condition is inserted solely for the benefit of
the Purchaser and may be waived by it at its option.
The parties acknowledge that the acquisition of the real
property will require the approval of the Ontario Municipal
Board since the Purchaser intends that the cost or a portion
of the cost will be provided by the issue of debentures. This
Agreement is therefore further conditional until the 3rd day
of June, 1994, upon the Purchaser obtaining the approval of
the Ontario Municipal Board failing which this Agreement shall
be null and void. This condition is inserted solely for the
benefit of the Purchaser and may be waived by it at its
option.
Upon the Purchaser either satisfying or waiving the foregoing
conditions contained in paragraphs 2 and 3 of this Schedule
"A", the Purchaser shall have the right to advance the date of
completion of this transaction by giving at least three weeks'
prior written notice to the Vendors.
The parties acknowledge that the Vendor is already in
possession of a cheque in the amount of $10,000.00 drawn by
the Purchaser in favour of the Vendor and Geoffrey James
Farrell, the President of the Vendor, which cheque was
submitted by the Purchaser as a deposit in connection with an
earlier offer to purchase not accepted by the Vendor. The
parties agree that this cheque shall be applied as the payment
by the Purchaser to the Vendor of the deposit referred to on
page one of the within Agreement.
If this transaction has not been completed by the 6th day of
June, 1993, then the Purchaser shall pay on or before that
date the further sum of $10,000.00 to the Vendor as an
additional deposit which shall be credited on account of the
purchase price on closing. The Purchaser agrees that the
initial deposit of $10,000.00 and this additional deposit of
$10,000.00 shall be retained by the Vendor and shall not be
returned to the Purchaser should this transaction fail to be
completed whether by reason of the Purchaser failing to meet
any conditions contained in this agreement or for any other
reason save and except for
(a) a valid objection to title made by the Purchaser in
accordance with the last paragraph on page 1 of this
Agreement; or
(b) the failure to meet the condition set out in paragraph
1 of this Schedule "A".
.
.~ , -
.
7.
e8.
.
SCHEDULE "A" (cont'd)
Page 2
The Purchaser further agrees to compensate the Vendor for the
value of any growing crops on the real property at the time of
completion of this transaction, the amount of such
compensation to be agreed upon by the parties or, in default
of agreement, to be determined by arbitration by a single
arbitrator under the Arbitrations Act, R.S.O. 1990, Chapter
A.24, as amended from time to time.
The Purchaser covenants and agrees from and after the date the
Purchaser commences using the real property for the deposit of
waste as follows:
(a) to take the following measures to control and minimize
the amount of litter generated at the landfill site:
(i) to take all reasonable steps to ensure that
vehicular traffic transporting refuse to and
around the site is tarped adequately to prevent
litter from blowing out of the vehicle,
(ii) to place daily cover soils over the working face
of the landfill in order to minimize the blowing
of debris,
(iii) to take all reasonable steps to keep the active
face of the landfill site to a minimum,
especially on windy days, and
(iv) to construct a 4-metre-high litter control fence
along the eastern edge of the compost area as
shown on the sketch attached hereto for the
length of the landfill disposal area,
(b) so long as, in the opinion of the Town's Engineers, the
Vendor's well is suitable for sampling, to conduct tests
on the Vendor's well water twice yearly in accordance
with the groundwater monitoring programme in effect from
time to time for the landfill site and to supply the
Vendor with the results of such tests, and
(c) not to burn waste at the waste disposal site.
The above covenants shall survive the closing of this
transaction. The Vendor acknowledges and agrees that the
testing of the Vendor's water supply in accordance with
paragraph 8.(b) of this Schedule "A" does not constitute an
acknowledgement or admission by the Purchaser that the waste
which has been or will be deposited at the landfill site
constitutes any risk to the safety of the Vendor's water
supply. The Purchaser shall not be bound by the covenant
contained in paragraph 8.(b) of this Schedule "A" if, in the
opinion of the Town's engineers, the Vendor's well water is or
at any time becomes unsuitable for sampling for any reason
including, without limitation, surface water infiltration into
the well, surface contamination about the well from fuel tanks
or equipment or other sources, or the structural condition of
the well casing.
------
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