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HomeMy WebLinkAboutKIN 90 060 Ld Purchase - Dunlop , . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1990 - 60 A BY-LAW TO AUTHORIZE THE PURCHASE OF LAND FROM MRS. HUGH DUNLOP. WHEREAS the Council for the Corporation of the Town of Kincardine intends to purchase the land hereinafter described. NOW THEREFORE the Council of the Corporation of the Town of Kincardine ENACTS as follows: 1. The Agreement of Purchase and Sale, a copy of which is attached hereto as Schedule "A", is hereby confirmed. 2. The mayor and clerk are hereby authorized to execute such other documents as they may deem advisable to fulfill the said Agreement of Purchase and Sale. 3. The lands referred to consist of Part of Lot 6, East side of Huron Terrace Plan 61 in the Town of Kincardine in the County of Bruce. 4. The purchase price of the said land shall be One Hundred and Twenty Thousand ($120,000.00) Dollars. 5. This By-law shall be known as the "Purchase Land from Mrs. Hugh Dunlop By-law." READ a FIRST and SECOND time this 6th day of September, 1990. n ¡~/¡¿j/ ¡} r¡d~nú Mayor READ a THIRD time and FINALLY PASSED 1990. th day of September, n ~U/ II i\ 9/;k'7lv Mayor IB REA'HOR , SCHEDULE 'A' ONTARIO REAL ESTATE ASSOCIATION AGREEMENT OF PURCHASE AND SALE PURCHASER, """"" ,TO~Œ, ,QF¥HI,GA,RQI,NE" VENDOR, """""" MRS,." H,UGHDJJ,t¡~.oP" AGENT, "M;IMAJ<., I <I.,ke, ,1 a,nds, , rea lty, Hd, , , , RE/MAX, .lak,e lands, .real ty {'[isting BJer} , (Selling Broiler) , PROPERTY:fronlingonthe""" East""", ,ide of , , !:I ur. on T.err,açe" knownmunkipallyas ",9,51, inthe """"""""""" "',, " "" " " TQwn"" ,,, " of, K i (1,ça rd i ne , " , andhavingafrontageof ..... .74...25.......... moreorlessbyadepthof... 2.64.1.. ............. . more or less and described as .":::':,::,:,: ::: :Pt, ,.L0:t: 6,: ~ I an, 4:: : : : : , , , , " , , , , , , , , , , , : :' , , . :: aI'hePURCH~SEPRICEOF ~, ........ ........ ... ........ . oU"er:no buy from ,through Vendor's , I t¡¡ . following .......... , ONE, ,HUN.DRED, TWENTY. ,TH.OUSAND." ....... ....... Canadian Doll", ($Can, , ,1,40",Q9,0 ,,9.0,., ,) on the following terms: Purchasersubmitswith,hisoff."""" ,ONE. ,DOLLAR""" DolI",($", ",1"9,0"",,, , cash/cheque payable to the Listing Broker as a deposit to be held by him in trust pending completion or other termination of this Agreement and to be crediteû towards the Purcbase Price on completion. . 2, Purchaser agrees to çertified soliçitor pay the balançe of the purchase priçe in cash or by çheque subjeçt to the usual adjustments to the Vendor's on closing. It is understood and agreed that any çosts re; surveys or severances relating to this purchase will be borne b~ th~ Town of kincardine. This offer is conditional to September 6, 1990 upon the Counçil for the Cor~oration of the Town of Kinçardine passing a by-law to authorize the purchase of this property. ~ 7A~ ~(~...~ ~J"r;··Jr (¥<I)ë~7 þ---..:;~.::.:?';jø,F-- '-' ~ éi2... u-Q--.. ~ y-'....~~~.,.<" ',' ..~<¿'.'\ " _. e ~ r.z...J - ~,....Y 1,'4""~ -4:' \ T, . ... '. '---' -- -~ -::.:..:.:~-, . . -'--- .-------- C 1^ '- 'jJ..I., - - - . It,,%·,%',.un~rstooß.::- ~d "I<a.rE¡,Ëd that all real estate commissions and le~~'~éqsEã o~/§6.fh the véridor and the purchaser shall be born by the ~}f¡;.~:PÆ::${,~Q~#dine. '/.~, ':.::~..:~" ._.-~~,.~.,., 3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price except those listed hereunder: .................. ............_...................-.................. ......... ... .... and thatk føllowing~hªtt.els.~ i:lul v" in tbe purchase,prtœ:---~---:~. : . :. . . . . . . -:- . . . . :-~-"'::-~ ---'".--, ....... ................................................. ......... . . . . . . . . . . . . 4, Purcbasetagrees thai this Offershall be irrevocable by him until 11:59 p,m, on the,2 3.rd, " day of , Au g,u s t. , , , , 19. .9 O. . . . . ., after which time, if not accepted. this Offer shall be null and void and the deposit shall be returned to Purchaser without interest ordeduclion. . This AgJoement sball becompleled on the, , , ,t st, dayof Nov,emb,er"" " , """"" . ,9, 9,0, , , , , UponcompJe,ion, vacan' _ possesswn of the property shall be given to Purchaser unless otherwise provided as tollows .............. .. .. ... . .. .. .. ... ...... . 6. Purchaser shaU be allowed until11:59 p.m. on the . .I.f..~ ~f . . <S:::k.; . :". . . 19 . t Þ. .... to: examÎne the title to the property. at his own expense, to satisfy himself that there are no outstanding work orders affeCting the property, that its present use ................... . . . . . . . . . . _ . . . ............... ................................................................ may be lawfully continued, and that the principal building may be insured against risk of fire. 7. Provided that the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenants that run with the land ~vidiBg that such are complied with and except for any minor easements to public utilities required for the supply of domestic utility services to the property. If withm the time allo~ed for examining the title anY valid objection to title, or to any outstaOding work order, orto the fact the said present use may not lawfully be con· tinued. arrhat the principal building may not be insured against risk of fire is made in writing to Vendor and whicb Vendor is unable orunwilling to remove, remedy or satisfy and which Purçhaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shan be at an end and all monies theretofore paid shall be returned without interest or deduction and Vendor and Vendor's Agent shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root oflhe title. PurchasershaJl be conclusively deemed to have accepted Vendor's title to the property. 8. Purcbaser Ø(lmowledges harine iaIped:ed the property prior tosubmitting this otTer and uoderstaads that upon Vendor acceptiDg thisOft'er there shall be a binding agreement of' purebaøre aDd ale between Purchaser and Veodor. "~~ ....~:'~'c ;,., 9, Vendor and Purchaser agree that there is no con4it,joq, exprelS~~..~~' representation or warranty of any kind that the future intended use of the property by Purch- aser is or will be lawfulexcept as may be !I:~ý stipO.lj . . . . N. in·this Aigreement. 'i .. 10. Purehaser 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. Vendor agrees that, if requestèd by 1be Purchaser, be wiU deliver any sketqh or survey of the property in his possession or within hi. control to Purchaser as soon as.pOSsible and priofto the last day anowed for examining title. In the event that. discharge of anymort19orcharge held by a Chartered Bank.; Trust Company. Credit Union or Insutance Company and which is not to be assumed by the Purchaser on complelion, is not available in regislrable fonn on completion, the Purchaser agrees to accept Ihe Vendor's solicilor's personal undertaking to obIain. out of the closing funds, a discharge or cessation of charge in registrable form and to register same Qß tille within a reasonable period of time aftercomplelion, provided that on or before completion the Vendor shall provide to the Purchaser a mortgage statemenl prepared by Ihe mortgagee setting out the balance required 10 obtain the discharge, together with a direction executed by the Vendor directing paymenl to the mortgagee, of the amount required to obtain the discharge out of the balance due on completion. 11. All buildings on the property and all other things being purchased shall be and remain until completion at the risk of V endor. 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 event of substantial damage, Purchaser may either te1lI\inate this Agreement and have all monies theretofore·paid returned without interest or deduction or else take the proceeds of any insurance and- ~ete the purch- 12. ;:~ided that this Agreement shall be effective to create an interest in the property·only if the subdivision control provisions of The Planning Act are complied W. Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. , . 13. Purchaser shall be credited towards the Purchase Price with the amount, if any. which it shall be necessary for Purchaser to pay to the Minister ofNaóonal Revenue. order to lllisfy 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 ctaim such credit if Vendor delivers'Oß completion the prescribed certificate or his statutory declaration that he is not then a non-resident of Canada. 14. Rents, mortgage interest, taxes,local improvements, water..and assessment rates and the cõst of fuel shall be apportioned and allowed to the date of completion (the day hselfto be--tpportionedto Purchaser,) t 5. The déed or tt'aJlsfer ihall, save for the 'Land Transfer Tax Affidavit. which shall be prepared and c(Jmpleted by the Purchaser, be prepared in registrable fonn at the expense of Vendor and the Mortpge-al: the expense of Purchaser. 16. Time shall in all· respects be of the essence hereofprovïðed that Ihe time for doing orcompleting of any matter provided for herein may be ex.tended or-abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who may be specifically authorized in that regard. 17. Any tender of documents or moneybereunder may be made uPO!1 Vel1rlor or PurchaSer or their respective solicitors on the day set for compleiionofthis Agreement. Money may be tendered by bank draft orcheque certified by a Cb~ered Bank, TrustCompany, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 18, THE Vl'NDOR WARRANTS TIlAT SPOUSAL CONSENT IS NOT NECES$AR.Y TO THIS TRANSACTION UNDER THE PROVISIONS OF TIlE FAMILY LAWACf, 1986, UNLESS TIlE VI¡NI)OR'S SPOUSE HAS EXECUTED THE CONSENT IIERE1NAFfER PROVIDED, 19. The VeøcIor represents and warrants to thePurt:haser UiøHIte buildings Used in conjunctioo with the property have not been, as at the date of ampledou, insulated with a Urea Formaldehyde foam type ofiMulàl:iòø. Provided that ¡rthe building is part ofa multiple unit building tbis warranty shaD oaIy exteDd to that portion of the buDding which is the subject·of ttdš ~OD. This w~ty shall survive and not merge on the completion of the transactiou. 20, THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER ~ CONTAINING CREDIT AND/OR PERSONAL INFORMATION MAY BE REFERRED TO IN CONNECTION WITH THIS T~SACTlON, 21. The Vendor hereby appoints the Listing Broker his agenl for the purpose of giving and receiving notices pursuant to this agreement. 22, Notwithstanding any tenns or conditions outlined in the printed portion herein, any provisions written or typed into this Offer shall be the lrue terms and shall supersede the printed pOrtion in respect to the parts affected theteby. This Agreement shaH C9ßStitute the entire agreement between Purchaser and Vendor and there is no repre- sentation, warranty, collateral agreement or condition affecting this Agreement orlhe property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of, gender or number required by the conteXt. t>ATI'!Dat ", . , KJIKa rdJoe. ............. "l;~i~~~-~-:> ~ tJ¡i" f4r,d, day.¥-~,gus,t" ,--.:./._,,19 9ÆJ. 2.r",JseaI' -"0..: ~.-.. ' .~~~ - -:.~------......:.-_.- ~~~... .~ ~teJ~77.}/'lO .. Ç" ........... ==-=-.: -..... ;'"'~g ~/ /'-r:' -'-:;"':-ih ,.../ð" ".... .Ii.__ .,... "7 &A-" , , ~""..' Da~..,' , " """" ". ^ "<~.,~ '/' i·'-'. S1GNE9~Si;ÁLBÐ ANB-OOLlVe¡;¡;,..- ,- in the presence of: The undersigned accepts the above Offer and ~s witb.the Listing er above n . - eratlon for his services in procuring the said Offer. tapay him on the date above fixed for completion, a commission of . . . . . . b . % of anamount equal to the above mentioned sale price, which commission may be deducted from the deposit. I hereby irrevocably instruct my Solìcitorlo pay diJ'ect to the said Listing Broker any unpaid balance of commission from the proceeds of the sale. -- .h . NDD~IV~t~~ . t>ATI'!Dat, , . . ~. ~ . ;~~~~s~~~;;~~::~r~u:':,~yd::=~ndse~'·· ·,{e~ ."1990,, (Vendor) . Date, CUJ, ,23/tfð . Date.,,,,,, The Undersigned Spouse of the Vendor hereby CORseRtS to the dispositi.OD evidenced herein pursuant to the provisions of~ Family Law Act, 1986. In consideration of the sum of One Dollar ($ ¡ .(0), the receipt of which from the Purcha¡er is hereby acknowledged. the undersigned spouse of the Vendor heœby agœes with.the Purchaser that helshe will execute all necessary orincidental.documents to give full force and effect to the sale evidenced herein. ... . . . . . . Witness _. .:·:~.-~':'~~;~?~"':':;"c:~·.',,:"~., :_"'~.:.'":. :'---:-:-.':-~.~.~,.,"_", ";"'h.."~_:'-~~~.;"~'-;.. ..~.-.......... Spouse ;-"..,.~~ _"""~W'",'.",..,, - -",.;~;. ",>, A~OWLEDGEMENT I acknowledge receipt of my signed c()py of this accepted AgreementofPurch- ase and Sale. and direct the agent to forward a èOpy to my solicitor. Date . . . . . . . . . . . . . (Veñdor) Date " " , I acknowledge receipt of my signed copy of this acCepted Agreement ofPurch- aseandS~~:andi:~7agoottoforw~a,~a:~YSO,licitot', '._ "'¡";";";';'i"""'" Date,,,,,,,,,,,""'" (Vendor) ....,< "- Acldtess: ......~........ . Address: ........ ................... Telephone: ...... ..... Telephone: . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vendor·s Solicitor ............. ."...,;". "J!un:ba&er's SoIiçitor . . , . . . . . . . . . . . . . . . . . . . . . . . . . ... . . : Address . . . . . . . . ..... Address .................,.... . . . . . . . . ... ..............-................... Phone FORM No. 101 . . . . . . . . PIIone ...............,..... 84105 ~----.::.~~",.,_.....