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Home My WebLink About82-159 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 82 - 159 being a by-law to authorize the execution of an Agreement of Purchase and Sale with H. Bout 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. Bout and the said Corporation, which is attached hereto as Schedule "X". By-Law read a first time this By-Law read a second time this 25th 25th day of October day of October 1982. 1982. By-Law read a third time and finally passed this 25th day of October 1982. _./':.'~ ~~~ r1ayor ~t0<J Clerk I Fi.e' f{O..mL~..:1.J~.~.m_..J ONTARIO E ESTATE S TI AGREEMENT OF PURCHASE AND SALE Harry Bout _._.... PURCHASER,... . ... . _... . _. ...... _ offers to buy from . ..._ ._ _. ._.__....._ .... __ _ _.... .... . . ... . _._ ._ _._. VENDOR, .... . .Corporation ,of, th,.e.,_To.wn..o.f._Ncwcastl-e. .._ _ _ _ through Vendor's AGENT, .... .. . .Family. Trus.t...a.n.d.Edvan Realty L.td__. __ _ . _ _ _. _ _ , the following � PROPERTY: froMfon the ..Ve SL....._, side of _Liberty _St_ known municipally.as Lot- 33 Plan M749 in the ... ..._. ... Forme r_.Township.. . ..._.. . _ . _ . of ..__ Darlington -and having a frontage of _._ _ _ more or less by a depth of _ _ _ more or less and described as .Lot......33, _P.1.an..M.74.9_., ,...Pamela...G.rt.,.,._Town of Newcastle, Region of Durham ....._._ ...... .. . _ __ . ..at the PURCHASE PRICE of TWENTY — SIX THOUSAND ------- _ .Canadian Dollars($Can. . .26 000.00 1 on the following terms: 1. Purchaser submits with this offer .......Qne Thousand ----,-- cash/cheque payable to Vendor's Agent 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 in cash or by certified cheque to the Vendor on closing subject to the usual ad 'ustments This offer shall be conditional until closing on Ue 1'urc a.ser being able to determine that a building permit and entrance permit are available: for a home to be built according to Town of Newcastle building by—laws and wj}? 'n the regulations of the building restrictions for this development® Said home and entrance to be located west of the ravine on the property. If these permits are not available as above, then this offer shall_ be null and void and the purchaser' s deposit returned without interest or deduction. 3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price except those listed hereunder: - ................ .................. ................................. ..............._............ ._-....... ................._.._..... ._...... ... ..........I. . ....I.......... ...... . .._. .._ 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 -2.6. day of ..Q..ctober._ 19 82 , 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...-lst_____ day of r1ovember.. _ -. _. - 19 Z.. .Upon completion,vacant possession of the property shall be given to Purchaser unless otherwise provided as follows: _........ .. ....._.. .... __._ ....... ......... -_. ........_ _ _............- ..... . _._. .__ ...._. ........ ... . ....... . ... _ ... .... 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 pioperty is good and Ircc Innn all encunihiances except as aforesaid and except for any registered restrictions of covenants that run .sith the land pi-miding that Stich arc complied �+iih and except for any minor easements to public utilities required for the supply of domestic utility serciccs to the propert\. II %%tihm the time :dlosscd for examining the title any valid objection to title, or to :un outstandinL work order, or to the fact the said present use may not lawfully be continued, or that the principal building may riot he insured against risl of fire is made in writing to Vendor and %shi-h Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstandinu any inicnncdia(e acts or negotiations in respect of such objections, shall he at an end and all monies theretofore paid shall be returned kNitholi( interest or deduction and Vendor and Vendor's Agent shall not be liable for any costs of damages. Sa:c as to any valid objection so made h.\ such day and except for any objection going to the root of the title, Purchaser shall ho conclusively deemed to have accepted Vendor's title to the propertc. 10. Purchaser shall not call for the production of ally title deed, ahstract, survey or other evidence of title to the property except such its :ire in the possession or control of Vendor. Vendor agrees that, if requested by the purchaser, he will deliver any sketch or survey of the propertc in his possession or within his control to Purchaser,ts soon as possible and prior to the last day allowed for examining title. 11. All buildings or, the property and all other things heinL purchased shall be and remain until completion at the risk of Vendor. Pendin completion, Vendor shall hold all insurance politics, it nn%, and the proceeds thereof in trust for the parties as their interests may appear antl in the e%ent of substantial damage, Purchaser mas either iciminate this Agreement and base all monies theretofore paid retuned %,ithow interest or deduction or else take the proceeds of any insur:utcc and complete the purchase. 12. Provided that this Agreement shall be effccti�c to urcatc an interest in the property only if the subdivision control provisions of The Plannin_ Act are complied with by Vendor on or heforc coniplcuon and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall be credited to%tards the Purchase Prier .\ith the amount, if any, which it shall be necessary for Purchaser to nay to the Minisier of National Rc\enue in order to satisfy Purch suers liahilin 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 Maim such credit if'vendor delivers on completion the prescribed certificate or his statutory declaration that he is not then a non-resident of('anada. 14. hire insurance shall he assigned to the Purchaser on clrning subject to the consent of the insurer having been obtained to such assignment, and the vendor shall supply to the purchaser at least li%c I>1 dabs hcforc the Completion date details of ans such policy to be so assigned. 15. Unearned fire insurance premiums of any police to he a signed pursuant to paragraph 14 herein, rents, mortgage interest, taxes, local impro�emen[s, water and assessment rules and the rust of f!icl shall he apportioned and alloyed to the date of completion (the day itself to h: apportioned to Purchaser). 16. "I'll,- 1,Cd or transfer shall, sav'c for the I and llansfer fax Affidatit, which shall be prepared and completed by the Purchaser, be prepared in re istiable form at the expense of Vendor and the Mortgagc at the expense of Purchaser. 17. I'imc shall in all respc,.ts he of the essence hercol pio%idcd than the time for doing or completing of any matter provided for hercia mas },c cxicndrd or ahtidgcd by an arrrcntrnt in writinr �1-t- 1 1) Acndot and Purchaser or by their respective solicitors who are hercht c.i�ir .lc appointed in this regard. 18. Any tender of document,or nionO hereunder 111,1% he made upon Vendor or Purchaser or their respective solicitors on the day for completion 01' this Agreement. %Ioncy ma) he tendered h.\ hallk draft or uhe(1oc ecr(ified by o charwied hank, trust company or T'rovincc of Onlutto Savings Office. 19. This Agreement shall constitute the entire agreement hct,,�ecn 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 numhcr required lly the context. DATED at........ . :.✓^.. `�f�' L 711 s `t..Z. .:.s o...............Ihis...... ..Z::�'.iday of..........r�. . ... ......................................19.. SIGNED,SEALED AND DELIVERED IN WITNESS whereof I have hereunto set my hand and seal: in the presence of: j D y .......(PunNaser) ......�-............................................................. ................................................................ Date............................ (Purchaser) The undersigned accepts the above Offer and agrees with the ALcnt above named in consideration for his ervices in procuring the said Offer, to pay him on the date above fixed for completion, a commission of .. �^1.. .......070 of an amount equal to the above mentioned sale price, wfiich commission may be deducted from the deposit. I hcrchy irrcyocahly instruct my Solicitor to pay direct to the said Agent any unpaid halancc of commission from the proceeds of the sale. DATFI) at.......................................................................thi.....................day of......................................................... .....19........... S1(;N1:D, SEALED AND DELIVFRLI) IN \VI I NESS whereof I have hereunto set my hand and in the presence of: ................................................................ .................................. .. n.d . ....................... Date........................... ... (Vendoo r r) ............................... Date.............................. (Vendor) The Undersiltned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family l.aw Reform Act, 1978, S.O. 1978, c.2, as the same may be amended from time to time. In consideration of the sum. of One Dollar(51.00), the receipt of which from the Purchaser is hereby acknowledged, the undersigned spouse of the Vendor hereby agrees with the Purchaser that he'she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. .................................................................................. .ri ......................................................... Date............................ .. \\itnc.. �pousesc ACKN07-- LEDGEMENT I ackno%%ledec receipt of my signed cope of this accepted :Agreement of I acknos+'ledge receipt of my signed copy of this accepted Agreement M Purchase and Sale,and direct the a_ent to foncard a copy to im solicitor. Purchase and Sale,and direct the agent to forward a cope to m) solicitor. _........._ ................. ......... .........t)arc.......... -.- _.._..-.. .............................................................Date (Vendor) (Purchaser) .._.. .. ...._........_........__.._. ... _._...+):u c.. __..._ .....__.... ..... ..... .. ......... ................Dale.. ... .......... (Vcndorl (Put chaser I Address: ............................................................................. Address: ............................................................................. TelephoneNo. ................................................ .................... Telephone No. ................................................................_.-. Vendor's Solicitor ................................................................. Purchaser's Solicitor .............................................................. Torn,\o. 10 l