HomeMy WebLinkAbout82-180
,:
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 82-180
being a by-law to authorize execution of deeds conveying
the Bowmanville Creek Valley Lands to the Central Lake
Ontari'o Conservation Authority.
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, a Deed, conveying the Bowmanville Creek Valley Lands to the Central
Lake Ontario Conservation Authority.
The Lands are descri bed in Schedule "A" of the Deed, a copy of whi ch
is attached hereto as Schedule "A" to the by-law.
By-law read a first time this 13th day of December 1982.
By-law read a second time this 13th day of December 1982.
By-law read a third and final time this 13th day of December 1982.
~~~
" Mayor ,
Seal
I File No~...Jfa~L.I..~J
NewCome and Gilbert, Limited
,t . Form 1090
BY-law
(@ffpr tn 'Urr~U9p
No.-----J.l__::.1.K D Rev' ed.July 1978
-................
AGREEMENT OF PURCHASE AND SALE
I1We.
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
of the ..
Town
of
H\ofhitby
(as Purchaser). having inspected the property. hereby
agree to and with.
THECQRPORATJo.NOFTHE .TOWNHO.F.N.~WCASTL~
(as Vendor)
through
...1l0
Agent for Vendor
to purchase All and Singular the premises on the
side of
in the
Town
Newcastle (formerly Town of Bowmanville)
of
known as
HBlock l.and Block 2, Parts oLLots12 and13, Concession I, bel ngapprox.16 acres having a
frontage of
more or less, by a depth of
more or less, being
Lot No.
according to Plan No.
.... registered in the Land Registry Office for the Registry /
Land Titles Division of
Newcas tle..(No... .Jo.)....
(herein called the "real property")
at the price of ----------- TWO -----:----------------------:-':'::':'------------ Dollars ($ 2.00
cash . 1 . 1
of lawful money of Canada, payable cheque n 1. . Dollars ($ .n I. .
to the said Agent/Vendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement and to be credited
on account of the purchase price on closing,' and agree to pay the balance of the purchase price in cash or by
certified cheque on closing, subject to the usual adjustments.
~The Purchaser hereby agrees to pay the legal and survey costs of the Vendor based upon the
4It Tariff of the Region of Durham
This Offer to Purchase is subject to the Purchaser obtaining all requisite
approvals for this purchase on or before May 26, 1982, failing which the Vendor will extend
the date for obtaining such approvals for one month (and also postpone the closing date for
one month) at the request of the Purchaser.
I
The Vendor represents that as at the date of acceptance hereof the Vendor has not received from any municipal or other governmental
authority any deficiency notice or work order affecting the real property pursuant to which any deficiencies are required to be remedied or
any demolition, repairs or replacements are required to be carried out. If the Vendor receives any such deficiency notice or work order after
the date of acceptance hereof, the Vendor shall forthwith produce same to the Purchaser for inspection. If by the date of closing the Vendor has
not either (a) complied with such deficiency notice or work order, or (b) settled with the Purchaser any question of an abatement of the
purchase price arising out of such deficiency notice or work order, the Purchaser may at his option either (a) accept the real property subject
to such deficiency notice or work order or (b) terminate this Agreement. In the event of termination as aforesaid, all moneys paid hereunder
shall be returned to the Purchaser without interest or deductions.
The spouse of the Vendor shall consent to this Agreement, and shall agree to consent to the transaction evidenced by the deed or transfer.
Tenancy, if any nil
The purchase price herein shall include the following, free and clear of encumbrances:
All fixtures, which shall remain affixed to the real property, except the following fixtures which may be removed by the Vendor prior to
closing: nil
The following chattels all of which are owned by the Vendor:
nil
This Offer shall be irrevocable by the Purchaser until I I . 59 p,m. on the 5 t h day of Ma y 19 82
after which time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without interest or deduction,
Ne\1llaOme and Gilbert, Umited
, Form 1091
.\
Offer to Purcbale
Page 2
Revised. July 1978
Provided the title is good and free from all encumbrances, except as aforesaid, and except local rates, and except as to any registered
t restrictions or covenants that run with the land provided that such 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 governmental requirements, including building
and zoning by-laws, regulations and orders, provided the same have been complied with. Vendor agrees to authorize municipal and other
governmental authorities to release unto the Purchaser or his solicitor any information on file pertaining to such requirements.
unt i 1
The Purchaser to be allowedc 1 0 sin 9 days from the date of acceptance hereof to investigate the title at his own expense, and to satisfy
himself that 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 any valid objection
to title, or to any breach of municipal or other governmental requirements, or as to thc fact that the present use may not lawfully be continued,
which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this Agreement shall,
notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser, without interest or
deductions and the Vendor and the Agent shall not be liable for any costs or damages. Save as to any valid objection so made within such
time, the Purchaser shall 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 agrees that he will deliver any existing survey to the Purchaser so soon as possible and prior
to the last day allowed for examining title.
This Agreement shall be completed on or before the 26th day of May
possession of the real property shall be given to the Purchaser unless otherwise provided for herein.
,1~2 on which date vacant
Until completion of sale all buildings and equipment on the real 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 inter~sts may appear.
In the event of damage to the said buildings and equipment before the completion of this transaction, the Purchaser shaH have the right to elect
to take such proceeds and complete the purchase, or cancel this Agreement, whereupon the Purchaser shall be entitled t'O the return, without
interest or deduction, of all moneys theretofore paid on account of this purchase. Vendor agrees to furnish Purchaser with copies of existing fire
insurance policies within seven days of the date of acceptance hereof.
Unearned fire insurance premiums, fuel, taxes, interest, rentals, and all localimprovemcnt and water rates and other charges for muni-
cipal improvcments 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 to accept assignment of firc insurance in which case no adjustment for insurance premiums.
Deed or transfer save for Land Transfer Tax Affidavit to be prepared at the expense of the Vendor, and if a mortgage is.to be given back,
'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,
1974, as amended, or an affidavit in prescribed form that this transaction is exempt from tax pursuant to the said Act.
Vendor further agrees to produce evidence that he is not now and that on closing he will not be a non-resident of Canada within the
meaning of Section 116 of the Income Tax Act, or, in the alternative, evidence that the provisions of said Section 116 regarding disposition
of property by a non-resident person 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 this
Agreement.
It is agreed that there is no representation. warranty, collateral agreement or condition affecting this Agreement or the real 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 solicitor acting for the party on
whom tender is desired, and it shall be sufficient that a cheque certified by a ch::rtered 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 its acceptance to be read with all changes of gender or number required by the context.
DATED at WH ITBY this 16
PUTcha~er ha~ hereuntQ.affjxed its CorDQrate
author I zed Sign I ng oft I ce I n that hehal f.
IN WITNESS WHEREOF X~~~l<
CENTRAL
Per:
day of Apri 1 19 82.
Seal duly attested to by Its duly
~iIa< a~~~
LAKE ONTARIO CONSERVATION AUTHORITY
SIGNED, SEALED AND DELIVERED
In the presence of:
q (Affix Seal}
(Affix Seal)
Purchaser
I/We, hereby accept the above offer, and covenant, promise and agree to and with the abov~-named Purchaser to duly carry aut the same
on the terms and conditions above mentioned, and \tle hereby accept the deposit of $ nil ant uf'wItictn1le- :rgeht
n~by-a'Uthorned-te-re1tlift ce",~ieM- ef.. p~_Rot-of 001 A oOIMloEll;At-e"J....w 490 ~~l;/~\Ie~~~AeQ-6al. -f>R~ ~Si~
~~e~~R~#~~Q~~~~~g~~-~~~-
AND I,
Agreement and agree to consent to the transaction evidenced by the deed or transfer.
, spouse of the said Vendor, hereby consent to this
DATED at
IJ1=--'l..JC tC1J77-E
this
II IN
day of
M~,
19 R'\....
IN WITNESS WHEREOF W ~
have hereunto set ,,-.( tC. hand S'
and seal.
SIGNED, SEALED AND DELIVERED
In the presence of:
1
~~.
.~.~..~...
Vendor or Vendor's Spouse
........ (Affix Seal)
........ (Affix Seal)
.
.
Name, address and telephone number of Vendor's Solicitor:
The undersigned Vendor hereby acknowledges receipt of a copy
of the accepted Offer to Purchase herein,
DATED the
day of
19
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Name, address and telephone number of Purchaser's Solicitor:
Mr. Grant Armstrong,
McGibbon, Bastedo and Armstrong,
Barristers and Sol icitors,
32 Simcoe St. 5.,
Oshawa, Ontario.
<' ',.~\. !>-'o,
. . ~ I
-'. . (If. ,"j
The undersigned Purchaser hereby acknOW~dge's receipt of' a. copy)
of the accepted Offer to Purchase herein:,,; c:.. . . '.
DATED the
day of