HomeMy WebLinkAboutTWP 87 018 Sale/Mun Property
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW 87-/fl
Being a By-Law to sell municipal
property described as being part
of lot 50 Concession 1 NDR (Part
1 of Plan 3R 3688) .
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WHEREAS Section 193(1) of the Municipal Act, R.S.O. 1980,
Chapter 302, as amended, permits the Council of every
municipality to pass by-laws to sell or otherwise dispose
of property when no longer required.
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NOT THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE ENACTS AS FOLLOWS:
1. Council authorized the sale of the said property
described in Schedule "A" to this By-Law.
2. The Reeve and the Clerk-Treasurer are hereby authorized
to execute all documentation in connection with the
sale of the said property.
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Read a FIRST, SECOND and THIRD time and finally passed this
)j 7i- day of / ~r ....~z..,k~...)¡987 .
¥'iLv
Reeve
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
I 87-/5
SCHEDULE nAil to BY-LAW NO.
I Part Lot 50 Concession 1 North of the Durham
Road bèing Part 1 of Plan 3R 3688.
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. ~..-:::r »; Offer to Purc.hue .
~ ., Fonn 91 (8),
Newøome and Gübert. Limited.
Toronto
<tffrr tn Jurrqlr
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To The Township of Kincardine
I,___??~96 ..Qp._1:~_'.!.2_J,':!-~j,~-,L__mm.__m_____m_____m__mm___m__m.___mmm___m__________m_____________m______mmm'
_...___._m____________..______m__....__m__m______m___.m_____.__m____n ( as purchaser), hereby agree to and with
_'[he __!<.'1.!.E2!a tiOI!..g.f..J;h_~___IQ~_~_h~p__.o_LK:j,!lç,ª!!U_'±~___________________________________________m___________m_____'______
(as vendor ), through__..!!Q__m_m_m_______m___________.___________m____m_m_______m.__________mm___mm______m__m___mAgent ~ 7(,
topurchaseallandsingularthe'followingdescribedproperty:- Part of Lot 50, Concession 1, 00
North of the Durham Road, in the Township of Kincardine for the sum of $?-) 000-
as follows:
The sum of $500.00 as a deposit on the final acceptance of this offer by the
vendor, to be applied towards the purchase price and the balance, subject to all
usual adjustments, by cash or certified cheque on the closing date.
It is further agreed that the completion of this transaction is subject to the
terms and conditions contained in schedule A attached to this offer.
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IT IS UNDERSTOOD AND AGREED THAT ALL STORM AND SCREEN DOORS AND WINDOWS, AND ALL
ELECTRICAL FIXTURES, WHICH ARE IN SAID PROPERTY ARE INCLUDED AT THIS PRICE. EXCEPT AS
STATED HEREIN.
This Agreement shall be conditional upon the Vendor, at his own expense, complying with the provisions of the
Planning Act and any amendments thereto.
PROVIDED the title is good and free from encumbrance, except local rates and except as aforesaid, AND PRO-
VIDED FURTHER THAT THERE IS NO RENTAL EQUIPMENT SITUATED ON THE PROPERTY, AND
WHETHER OR NOT SUCH RENTAL EQUIPMENT WOULD BE DETERMINED CHATTELS OR FIXTURES
IN LAW; said title to be examined by me at my· own expense, and I am not to call for the production of any Title
peeds or Abstracts of Title, Proof or Evidence of Title, or to have furnished any copies thereof, other than those
lß Vendor's possession or under its control. The purchaser accepts the property subject to the restric-
tions and covenants that run with the land, providing that such have been complied with. The Purchaser to be
allowedto closing days from the date of acceptance hereof to investigate the title at its own
expense, and if within that time it shall furnish the Vendor in writing with any valid objection to the
title 'which the Vendor shall be unable or unwilling to remove, and which the purchaser will not waive, this agree-
ment shall be null and void and the deposit money returned to the purchaser without interest and he and the aKent
shall not be liable for any costs and damages. This offer to be accepted by October 1, 19 tl7 J
otherwise void; and sale to be completed on or before the 1st day of Sep.tember 19 88,
on which date possession of the sAid premises is to be ~iven me. subject to the present tenancies and to be entitled
to the receipt of the rents and profits thereafter. UNEARNED Fire Insurance Premiums, Taxes, Interest, Rentals
and all Local Improvements a,nd Water Rates to be proportioned and allowed to date of completion of sale; Deed or
Transfer containing covenant on part of Purchaser to payoff said assumed Mortgage to be executed by the
Purchaser 8?d prepared. at the expens~ of ~e Vendor and .Mortgage at my expense.
Each party IS to pay the costs for regIstration and taxes on hlS own documents. .
Until completion of sale, all buildings and equipment on the 'Property shall 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 interests may appear. In the event of damage to the said buildings and equipment before
the completion of this transaction, the purchaser shall have the right to elect to take such proceeds and complete
the purchase, or c.ncel this agreement, whereupon the purchaser shall be entitled to the return without interest of
all monies theretofore paid on account of this purchase.
THIS offer, if accepted, shall with such acceptance constitute a binding contract of purchase and sale.
TIME ·shall be the essence of this agreement.
Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender
is desired and it shall 3e sufficient t~at a negotiable, certified cheque may he tendered instead of cash.
,19 87.
72430~tario ~
ìper: O(~ ¿\'""-ðo._-9---,
f presi_denu
Per:
T::- TO~S:~:-n=~n~~:~::'~~=:----ACCEPTANCEOpSijF ï{ ~ .~:-------:'_----
/ hereby accept the above offer, and its terms, and covenant, promise and agree to a d with the said a..bove nnled
purchaser to duly carry out the same on the t~ and conditions above mentioned, and he1;!!by--acc!!pt th.' e. depQ.S.it'.Pf
¡'ash or cheque 500.00 paid to uS'n -- ~ ~ -:: .
Dated A 8' ,1987. ~' -:: - _~:. ~
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WITNESS }THE TOWNSHIP OF KINCARDDlE- - .
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Dated August
WITNESS
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SCHEDULE A
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TERMS AND CONDITIONS TO THE OFFER TO PURCHASE
BETWEEN 724306 ONTARIO LIMITED & THE TOWNSHIP OF KINCARDINE
1.
The Township of Kincardine shall pass a by-law approving this
offer to purchase and authorizing the Reeve and Clerk to sign it
on behalf of the vendor.
2.
The existing building on the land shall be demolished and removed
at the expense of the purchaser on or before September 1, 1988.
3.
The lot shall be levelled and gravelled with granular A
crushed gravel at the expense of the purchaser on or before September
1, 1988.
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4.
The demolition and lot grading shall be performed by the purchaser
in a good and workmanlike manner.
5.
The purchaser agrees to indemnify and save harmless the vendor from
all claims which might arise prior to the closing of this transaction
as a result of the demolition and grading of the lot by the
purchaser.
6.
The vendor agrees that the purchaser shall have full and complete
access to the property for the purpose of completing the work
as agreed in this schedule.
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ALLOWANCE
BETWEEN
LOTS
50 a 51
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