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Home My WebLink About82-158 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 82 - 158 being a by-law to authorize the execution of an Agreement of Purchase and Sale with Mr. H. Best The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal an Agreement between Mr. H. Best. and the said Corporation, which is attached hereto as Schedule "X". By-Law read a first time this 22nd By-Law read a second time this 22nd day of October 1982. day of October 1982. By-Law read a third time and finally passed this 22nd day of October 1982. ~JP~'? ayor .. f~J~= (.;Ier \Ji:e No.....J(,__...L..I.~..L] II' .. t' . . f · ONTARIO REAL ESTATE ASSOCIATION Lyo,aW NO.--~~:1.s.gJ AGREEMENT OF PURCHASE AND SALE PURCHASER, ......... 'I.'.11~... G9,~P9.f,a..1:.:i, 9J:'l... g:f... .~,l1:~,.. 'I.',(),~!l...9. ~... ~~~~c':if31: ~ ~.. VENDOR. .... ,.......... :Eigt. ~,q,~... ~~.~,1:..., ..... ,............ ,.... ....,. "" ......... ,.., ;I!l(;~,-:".......,......,.,',.,',...,...,""',.,.,.,""'"".",."".....".."",.,.,..."..,.."..."..".,..,.",...",.......,..",..,......., PROPERTY: fronting on the .......w.~.s.t,.. side of:B.~g:i,9J:lCi)...:B.qCiq...#J7...-kI1U'MT"1mInictpll.tty-ltS . in"'tlre ,.", ,.....,. ".".,. .,." .."""."., ...,.....,...,.,."""""" .,."""""""""",."",.."......... ".... ,.. """'" ",.:-of~... ,..,... ... ..,..., ................. ....... ,..................,............... pn~~tin&ffrL~fe 0297}'~o~'~:~s'f6n 5 ;nOG~~lg~~phd:i~h ~6;~2h.f~~.gf'dClark~or~~ l~oa~~ described as pa':d~Tc\ilarl,i...showrid.iri"'heavy""outline''''ori. '~3'ket:ch . "iittiiche'd "'he'reED'" 'arid"" "'. ,.... . .... ....... rnark"e'd"a's....Schediil'e....IlAlf"'..""".d""""."."."'" "....."", .... ........,,,,,...,, ".".."dd'.... . ddd at the PURCHASE PRICE of ... , offers to buy from = =;= 1JI~~=-;z:elAA!F5= dd' the following Thirty-one thousand----------------------------. 31,000.00 "....... "'''' ",..."" ."".".."" "".", ..",," d......" ."......,,"".......d "............" "...""... .........."... ,,,,,,,,... "...... Canadian Dollars ($Can. .. ...."". d... . d) on the following terms: . .. One thousand--------------------- 1 000 00 1. Purchaser submits with thiS offer ..."...""".."""...."""..."..."".""""".....".""".."""",.".,,..,,...,,""".""....".. Dollars ($ .....d..'............~........."".) XXh/cheque payable to Vendor'~t as a deposit to be held by him in trust pending completion or other termination of this Agreement and to be credited towards the Purchase Price on completion. 2. Purchaser agrees to pay the balance of the purchase price on closing subject to the usual adjustments. This Agreement of Purchase and Sale is conditional upon the Purchaser receiving fr'om the Durham Region Health Unit approval for the installa- tion of a septic tank for a fire hall. The Purchaser hereby agrees to pay the Vendor's reasonable legal fees and to pay the cost of.the preparation of a survey of the property. . . 3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price except those listed hereunder: ....... and that the following chattels are included in the purchase price: 4. Purchaser agrees that this Offer shall be irrevocable by him until 11:59 p.m. on the ~.9..:t:l:1...... day of ......9c:::.1:.9.J:::>.E:!.:r::.L..d. 19 ....8-2-,. after which time. if not accepted. this Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction. 5. This Agreement shall be completed on the ...?9.:t::J:1...., day of ......d..~<:>.Y.~II1l:>~r ..d... . possession of the property shall be given to Purchaser unless otherwise provided as follows: . 19..~.? . Upon completion. vacant 6. Purchaser shall be allowed the ""'~,~""."",,.. days next following the date of acceptance of this Offer to: examine 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. Vendor and Purchaser agree that there is no condition. express or implied, representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically stipulated hereunder. 8. Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. . . 9. 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 providing 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 within the time allowed for e~amining the title an~ v~lid obJe,:tion to title, or ,to any outstanding work order, or to the fact the said present use may not lawfully be continued, or that the pnnclpal bUlldmg may not be msured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shall 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 of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 10, Purchaser 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 requested by the purchaser, he will deliver any sketch or survey of the property in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed for examining title. 11. All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. 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 terminate this Agreement and have all monies theretofore paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. 12. Provided 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 with by 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 hereby warrants that he is not a non-resident of Canada pursuant to The Land Transfer Tax Act. 14. 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 of National Revenue in order to satisfy 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 claim such credit if Vendor delivers on completion the prescribed certificate or his statutory declaration that he is not then a non-resident of Canada. IS. Fire insurance shall be assigned to the Purchaser on closing subject to the consent of the insurer having been obtained to such assignment, and the vendor shall supply to the purchaser at least five (5) days before the completion date details of any such policy to be so assigned. 16. Unearned fire insurance premiums of any policy to be assigned pursuant to paragraph IS herein, rents, mortgage interest, taxes, local improvements, water and assessment rates and the cost of fuel shall be apportioned and allowed to the date of completion (the day itself to be apportioned to Purchaser). 17. The deed or transfer shall, save for the Land Transfer Tax Affidavits, which shall be prepared and completed by the Purchaser, be prepared in registrable form at the expense of Vendor and the Mortgage at the expense of Purchaser. 18. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. 19. Any tender of documents or money hereunder may be made upon Vendor or purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank, trust company or Province of Ontario Savings Office. 20. This Agreement shall constitute the entire agreement between Purchaser and Vendor and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the 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. . DATED at..... ..... .... ..~.~~~.~~ ~.~.~.............. ......... ...... ..thiS.~~ ..day of............. g.~.~~.~.~:r;:..... ........................ 19... ~.?.... SIGNED, SEALED AND DELIVERED IN WITNESS whereof I have hereunto set my hand and seal: ;~l.h',,~==.~'.,.............................................. .;:':'~~~&~.:",::h~..E~ .................................................................... ..p.':.'::....~p.::L((A~. D"t24.~?":t./lfl. The undersigned accepts the above Offer :mtt ~ "the -A:gmHrbove- named-i1T 1:OnsTdenrrimr for oftr.r ~ie~ -in-pIooeming- the-!aid -offer , tIT pay him~1I" the-date -abtm:-fixed-f01'''ro'mpletmll'', "'lI ~0nmti5sion~f- .":": ~.':':'::':~. ':':'.~ of"'ll1T mnonnt ~llf 'tu-tbe-abOTnnentiurred ~."riCt:,-whit:lr c&fftfIti!t&i&n-IB~ ~ .QeQ lKWll- &FQIJPo Ull).. ~it.. -I -RerHl~ tfFl)'o'Q@QW~ ift!lf PIIet -IIly-501ici tor-to "ay-dtrect- te-the-sftid- "~nt-a!!'Y""lITlpaTd-balam:e- ot:ilOfRHI~&F_~.Qj:.tRe~_ DATED at.........~&....................thiS....~?:.~. ..day of...........Q~.t9.b~.+.......... ........................ 19..a..f.... . ....~L~....Q:....~..... Date..tlJ.:J.~A.~. Horace Best (Vendor) ......................... ...... ........ ...... ......... ...... .... ...... ...... .......... ....... ...... "(V;~d~~)""'."""""'" ..... Date...........................,.. The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family Law Reform Act, 1978, S.O. 1978, c.2, as the same may be amended from time to time. In considerat' of t sum of One Dollar ($1.00), the receipt of which from the Purchaser is hereby acknowledged, the undersigned spouse of the Vendor he agr ith the urchaser that he I she will execute all necessary or incidental documents to give full force and effect to the sale evidence er n. IN WITNESS whereof I have hereunto set my hand and seal: .h~ j ...G.,...&.d;.............. Date.ad:::J..,S11Z,.. Spo~~;'''' ..U......- ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale, and direct the agent to forward a copy to my solicitor. I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale, and direct the agent to forward a copy to my solicitor. ....,...""".....,..',.."...,'..,.........,.,..........,..Date,..."...".."....,......."..,.., (Vendor) ..,...."",...".,...,...,....,.......................,..."Date.,.."........,.........."........ (Vendor) ..,.........."..,...."..,...".."."..,..."..",...,..."Date,........",.",.."...,...,.....,. (Purchaser) ......,...,...".,...,....,...........,...,............,...,.Date......,....".,..,.".......,...." (Purchaser) Address: ............................................................................. Address: ............................................................................. Telephone No. ...................................................... ............... Vendor's Solicitor .....................................,........................... Telephone No. ..................................................................... Purchaser's Solicitor.....,. p..<:3:y. ~.~....;!.~..J? .~... ~ ~.~.~.~....9.~.~... 117 King Street Whitby, Ontario 668-7704 Form No, 10\ .. ' SKETCH ILLUSTRATING PART OF UNSUBDIVIDED LOT 29,CONCESSION 5, ACCORDING TO C. G, HANNING'S PLAN OF THE FORMER VI LLAGE OF ORONO TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM REG/ONAL ROAD Nt 4 ~ . I '1-r L. (./ I . S, LI MIT OF ""ii"" -0000 I j A,.~ <v'to ~ 'to~ ~ +l PD . !~ I 1:--- --..... I\.. ...... AREA .= 1.0 ACRE at ~ ... ... ~ ..... ~ !..JJ C) , ~. Q: ... Q:: ~.. \rJ N~ ~ .~ ~ C) ...... ~ l4J Q: t:J / ~ ~<v 29 - C\I .!() - 'to. . 330' I , I I I I 1-.-- "\ /) 1'../ " c- t..~ ~ / r-"} " 'I (~c.... ' , v G L_ ,~ ""'" I .;. /, V I 165' ..~ C'... ...... ~ <" ~ ~ t-C DAVID M. TAYLOR PROPERTY r- I TAYLDR . - I RESIOENC~-' _----I'-- ~ ... ~~ ~. ::t: ~ Q:: ~ ~ ~5 1-: -1 10 t S,E.AN6L! '.t BLOCK 8 _~ G.H~N~!__ I PLAN -j RlItM!It VILl.AGE' OF ORONO I I MERRILL D.BROWN LIMITED LAND SURVEYING a ENGINEERING 16' TEMPERANCE STREET , BOWMANVILLE,ONTARtO. Dote: s: OCTOBER 20, 1982 SCale: I" . 50' Drvwn by. 'M. O. 'B. File: 82t76-S