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Home My WebLink AboutKIN 83 4517 Agreement/Prchase · .. THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4517 WHEREAS Section 192 of The Municipal Act, R.S.O. 1980, Chapter 302, authorizes the Council of every corporation to pass by-laws to acquire any land required for the purposes of the corporation, AND WHEREAS it is deemed expedient that the lands hereinafter described be acquired; Now Therefore IT IS HEREBY ENACTED that: 1. the Mayor and Clerk be authorized to enter into and execute under corporate seal of the Corporation of the Town of Kincardine the Agreement of Purchase and Sale with Geraldine Hay concerning Units 34, 35, 36 and 37, Plan D-27, Town of Kincardine, a draft of which is attached hereto as Schedule "A"; 2. the Mayor and Clerk are hereby authorized to make drafting amendments to the said Agreement of Purchase and Sale. READ a FIRST and SECOND time this 17th day of March 1983. READ a THIRD time and FINALLY PASSED this 17th day of March , 1983. - ,~/ - -./- -==-- ~~ Mayor _5-: ~A/ ?21/.A~- ----- éi~~ ~' '" ~~ aDd CUtJot"n. LÚl'iW'd F.... JI'IO SCHEDULE "A" <0ffrr fn 'urrl1aør AGREEMENT OF PURCHASE AND SALE }QX\VX ......THE ..c01U'.OBAnON....OF...THE...TOWN...OF...KINCARDINE........ ...................-.... _..... ............... ..........OfX..................... ............................................. ............... (as Purchaser). having ¡nspeclcd the properl)', hcrcb)' . GERALDINE HAY, Guelph, Ontario a¡rec 10 and WJth .................__..___...._...................... ...................,..__ ................. ................__.......,_..............,............ ............. _ (as Vendor) duou.h ....... .......................................................... No .....n..........._... .............-.......-. ...-.............. ... Agent for Vendor .rch.~.~II.:::~I~r~...:::=.o.~.t: ::..::::~:~.~:~~~~~::~:.uu~~.~~~:en...st~~..~t.. . n.......·.. known a!l ····.....__..·....·'.....h....._ ............... . ....u.n............................__. ................ ................. ha'Vjn~ a front_ of ......+.:4..4..,..9..:3....tt.,....u.................. morc or less, by. depth of ......,:!,.I:".J:".e.gµ),..ª;r::: u øfore or J.... beinC . uÜ ~~. ..;¡.4.,...:3.,5.L..~.!i.....~..u3.7 .ccordinc to Plån No. .u.u.P:~.;¡.7................ ..... recistered in the Land Resistry Office for ,he Resistryl Land Titles Division of .... ...B.t:l.\ce...N.Q......3................................u..u......... .u......... ...............-....... (herein ca1led the -real properlY"') ., the price of ............ ...u......TWO....THQUSAND",.."::,..".."",.":":,,..,,...,,.,,.,,.,,..,,.,,...,,.,,.,,""."-.""."-."'''''''.'''.",,u... . DoII.n 1$ 2.,.000..0.0. ~ -----ONE HUNDRED 100.00 of lawful money of Can.d.. pay.ble cheque ...... .....u.....................u..............u.u....................u........................... Dollan ($ ............uuu to the said Agent/Vendor on this date as a deposit to be held in trust pending completion or other termination of this Aarce~ent and to be crcdiled on .ccounl of the purchase price on closins. .nd.pee to pay the balance of $1,900.00 in full by cheque on closing. The Purchaser agrees to have its solicitor, at Town expense, do all the legal work obtaining' title in the Purchaser's name. The Vendor shall co-operate in any procedures deemed necessary by the Purchaser's solicitor in order to deliver good title. Since clearance of title may take some time, completion of the transaction shall be as soon as possible, without time being of the essence unless made so independently. A photocopy of Pa~t of~Plan D-27 with the lands outlined in RED is attached hereto. The Vendor represents and warrants that she is the sole legal representative of William S. Hay, deceased. The Vendor waives any rights of the late William S. Hay in the said land and in Lot 30, Plan M-3, and agrees to indemnify the Purchaser from any claims against it and hereby authorize~ the Town Clerk/Administrator to swear .any necessary affidavits in connection therewith. If after investigation of title the Purchaser decides that the legal expense of clearing up title is going to be too great, the Purchase shall have the right to cancel this Agreement. The "'Vendor" represents that as at the date of acc:cptauce hereof the Vendor has not received from aay mwúcipaJ or other lovenunental .uthority OlDy deficieucy ootice or work onlec alJedÌD¡ the real property pursuant to which OlDy deficiencies .rc required to be remedied or any dem.OUtiOD. repairs or replacements are required to be carried out. H the Veudor receives auy'SUch deficiency notice or wort order afler the date of .cceptauce hereof, the Veoclor shall fonbwitb produce same to the Purchaser for iospection. It by the date of closio. the V...dor has - either (.) complied with luch deficieocy notice 0< work order, or (b) settled with the Purchaser .uy questiou of OlD .batcmeot of the purchase price arising out of such ddicleocy notic:e or wort order, the Purchaser may at his option either <a> accept the real property subject to such deficjeocy notice or \Vort order Or (b) tenniDate this AgreemenL In the event of termination as aforesaid. an mODeys paid hereunder shaD be returned to the Purch..... without iotercat or deductions. The spouse of the Vendor sbaD conseDt 10 this Agreemeøt. and sball agree to coment to the transactiou evideuced by the deed or transfer. Tcnancy. if any NIL &hase price hercin shall include the foUowin£;. free and clear of encumbrances: . II fixtures. which shall r<main affixed '0 .he real p,opony. ..up! the followins fixtures which may be removed by 'he Vendor prio, '0 cl05inl: NIL The fonowing chôlllcls all of which art owned by the Vendor: Nil This Oller shall be irrevocable by 'he Purch.",r un\il 12. O:Ip.m. on the 31st day of March 1983 afler which timC', if nol accepttd~ this Offer shall be null und void and the deposit rcturncd to the Purchaser withoul ¡nlerC'sl or dC'du.:'lion. \ ! !- )rfewsome and Gübe;rt, Limiled 'Form 109¡- Offer 10 Purchuc p... 2 ReviHd. ",ul,. 1~7~ . / . Provided the title is good and free from aU encumbrances, except as aforesaid. and except local rates. aDd except 8S to any registered ,atricûoDl or covenants that run with the land provided that luch 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 ¡:overnmentaJ requirements, mcluding buiJding and zoning by~laws, regulations and orden, provided the same have been complied with. Vendor agrees to authorize municipal and other JOvemmental authorities to release unto the Purchaser or his ao1icitor any information on file pertaiDiDg to such requirements. until closing The Purchaaer to b. allowed j d~~~~~Øto investigate the tille at his own expense, and to satisfy himself tbat there is no breach of municipal or other governmental requirements affecting the real property. and that its present use may be lawfully continued. If within the time allowed for examining title, the Purchaser shall furnish the Vendor in writing with 8DY valid objection to title. or to any breach of municipal or other øovemmental requirements, or as to the fact that the present use may not lawfully be continued. which the Vendor shall be unable or unwIlling to remove. remedy or satisfy aDd which the Purchaser will not waive, this Agreement shall, .withs.taDding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser. witho!'Jt interest or uctions and the Vendor and the Agent shaD Dot be liable for 8DY costs OJ" damages. Save as to any valid objection 10 made within luch e, the Purchaser sball be conclusively deemed to have accepted the Vendor's title to the real property. The Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of title except such as are in the possession or control of the Vendor. The Vendor agrc:es that he will deliver any existing survey to the Purchaser so soon as possible and prior to the last day allowed for examining title. as set out above This Agr..m.nt shall be complet.d!ø1I:&'!GI'~XXXXXXXXXXJQI~XXXXXXXXXXXXx,xDIX possession of the rea) property shall be given to the Purchaser unless otherwise provided for herein. on whiCh date vacant Until completion of sale aU bUildings and equipment on the real property ahall 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 panies hereto. as their interçsts may appear. In the event of damage to the said buildings and equipment before the completion of this trBDS8ction, the Purchaser shall have the right to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupoo the Purchaser shall be entiUed to the return, without iDterest or deduction, of all moneys theretofore paid on account of this purchase. Vendor agrees to furnish Purchaser with copies of existing fire insurance policiC$ within seven days of the date of acceptance hereof. Unearned fire insurance premiums, fuel. lues, interest, rentals, and all local impeavement and water cates and other charges for muni· cipal improvements to be apportioned and allowed to the date of completion of sale (the day itself to be apportioned to the Purchaser). Provided Purchaser may elect not 10 accept assignment of fire insurance in which case no adjustment for insurançe premiums. Deed or transfer save for Land Transfer Tax Affidavit to be prepared at the expense of the Vendor, and if a mortgage isla be given bad. same to be prepared at the expense of the Purchaser on a form acceptable to the Vendor. Provided that this Agreement shall be effective only if the provisions of Section 29 of The Planning Act, as amended, are complied with. Vendor agrees that he will on closing provide a lien clearance certificate respecting the real property under The Land Speculation Tax Act. )974. as amended, or an affidavit in prescribed form that this transaction is exempt feam tax pursuant to the said Act. Vendor further agrees to produce evidence that be is not now and that on closing he will not be a Don-resident of Canada within the meaning of Section 1J6 of the Income Tax Act, or. in the alternative, evidence that the provisions of said Section 116 regarding disposition of propeny by a non-resÏdentperson have been complied with at or before closing._ This Offer. when accepted, shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of thi.. Agreement. It is agreed that there is no representation. warranty. collateral agreement or condition affecting this Agreement or the rea) property or supported hereby other than as expressed herein in writing. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or upon the solicilor acting for the parly 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. Each party to pay the costs of registration and taxes on his own documents. This Offer and ils acceptance 10 be read with all chances of gender or number required by the context. DATED al Kincardine this seventeenth day of March 1983 IN WITNESS WHEREOF SIGNED, SEALED AND DELIVERED In the presence af: have. hereunto set our hand and seal. THE CORPORATION OF ~WN OF KINCARDINE MaYOr~~;PPP~ (Affix S.a] , PPu.................~.P~.. ClerkjAdm1nistfãtõr IIWe, hereby accept the above offer, and covenant. promise and agree to and with the above·named Purchaser 10 duly carry out (he !o.am¡;: on the terms and condilions above mentioned. and I herebyac::cept the deposit of S 100. 00 cMDHt~»IUQtll Ø(H~_XXXXXXXCODlDlDciiloxJlfxXXXXXJßIC!XXIXx!!GIJIX!!I~XK~X~XIVImÍXÎR'X iIi~~eoJCDtIKKJbJo~¡t j (Affix Se~J. .~I, .....em.nl and agree to consenl to Ih. Iransaction evid.nced by the deed or transfer. . spouse of the said Vendor, hereby consent to this DATED at this day of t9 IN WITNESS WHEREOF SIGNED, SEALED AND DELIVERED have hereunto set hand and seal. In the presence of: (Affix Seal I Geraldine Hay V,ndn, Vendor OJ Vendor'. Spouse (Affix S.al)