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HomeMy WebLinkAbout85-67 . J THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85- 67 being a by-law to authorize the execution of an Agreement of Purchase and Sale with the Trustees of the Loyal Orange Association Hall Board - Tyrone 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 the Trustees of the Loyal Orange Association Hall Board - Tyrone (Russell Brown, Verna Chamberlain and Grace Smith) and the said Corporation, a copy of which is attached hereto as Schedule IIAII. By-law read a first and second time this 13th day of May 1985 By-law read a third time and finally passed this 13th day of May 1985 ~4~ n 'W,~ ~ Clerk ., I. Rle No....~.:L~.i..:.-__.-J J . . - - - ..-...'" .:.;..~_'-t!J-;,';..,' ;';:j.~__..:..~.::.:<>.:: .--r'--~ ----- ~L.'f50, Amended February, 1976 Schedule "A" to By-law 85-67 UNITED STATIONERY Legal Forms OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE Russell S. Brown, Verna L. Chamberlain, Grace M. Smith, Trustees of theLoyal llwe.Ot"i,rrr'!e....As.s.oct"a't.ton...HalT...B.oard.,.'.'Tyrone",...hereinafter.called...t 'Hall.. Board't, ., ...... .JmC/I(x..:...:....~,.......,-...................:~................}tiJ{............................ ......................'..... ....... '...(as purchaser) having Inspected the property hereby agree to and with -~....-..~..~...~1:\.~...g,'?~.p.'?..~fl..~~.C:>t.\....<:).~htheTown of Newcastle hereinafter called the "Town" ......,~...,..........,',..,............,.......... (as vendor), through .................N9..... Agent for vendor to purchase all and singular the premises sityate on the.. f~:~~~~~~ii;e g~o~~i ~~~i~I~~i{it<?6f~b~~ham....... In they~JJ~gl?....9.L..:r.y!.<?f.I.~..L..I.<?~1:1....(?.................................,.. of ,.. known as ...,..QJ(:L..G.9.~Il1l,l!l~ty...I:I~J~....... ... . .... (herein cal/ed "the real property") having frontage of abouL.....??..:f.~~.:t: .. ........ .. more or Jess, by a depth of about. 86 feet baing part.. Lot....,lO....,.....Con......la No. ...6.... .~~x...GeQgxg..pbJ..G...lo.wl1.$.J;it.P....qJ... . Reg~t:r;}I~~;~~~try Office ............N~w~g$.t.ll?. .(Nq.~. .. 19) ................................................................... at the prIce or sum of ..QNE.::'.~.7..::'.~.:':"..:-:'.~.:::.::'.':':.:::.::'~.:::.::'::::::::'~::'::'..::::::':':':::::'..:-:'."::::'-::.:::.:-:':::.::'..:-:'."::::-'':':-::.::'..:-:--:-.::'..':':..-::::'. Dol/ars ($..1.~Q9.... ....... ...) as follows: .. ...Q~F.;,:,: :::.::"..:':'.::::-:'. :::.::':.::'..:':'':':.::-..':':.:::. :-:'..:':'.::-..::-.:~ .::".::-..-:-:.::-..~-:-:::- .~.-:-:.~. .~.~.. ~..~. ~~..~ ::-..~..~::- .~. .~.~..~.~.:':'. .~. ~::-.~... Dol/ars ($..J~.9().. .......... ..) cash or certified cheque to the said MjiltlHVendor 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 purchase money on closing, and covenant, promise and agree to accept a conveyance of the said property containing the following terms and conditions: 1. Title to the said lands and pr~ises shall revert to the Town and the Town shall have the irrevocable right to purchase the said lands and pre- mises upon any of the following events happening: (a) the Hall Board entering into an agreement for sale, mortgaging or pledging in any manner, or transferring title to any person or cor- poration including any regional, provincial or internatiomal insti- tutions or persons representing the Loyal Orange Order or any branch thereof; (b) the Hall Board using the said lands and premises for purposes other than the present social, fraternal and cultural activities now being carried on; (c) there being any lien, judgment, forfeiture, assignment in bankfuptcy or other assignment registered on title which the Hall Board is unable or unwilling to remove within twenty (20) days from the registration thereof. 2. The purchase price for such reversion to the Town shall be One --(1.00) Dollars plus the depreciated costs of capital repairs for heating, lighting, water, sewage and roofing capitalized on an equal five year lifetime basis from the time of each repair, provided that the Hall Board shall in December of each year provide to the Town a Depreciation Statement setting!)out the previous year's final depreciated capital account, deduction of the current year's depreciation, the addition of the current year's expenses for capital repairs as indicated above and the total depreciation as of the end of the current year. PROVIDED the Town makes no representations as to chattels and equipment now located on the property which form no part of the purchase price or consideratien herein; AND FURTHER PROVIDED that the Hall Board is to pay the costs of the preparation and registration of the documents in this transaction. IT .IS THE UNDERSTANDING OF the parties hereto that the above-named Purchasers represent the Loyal Orange Association Hall Board of Tyrone which is made up of nominees from the following organizations: (a) The Loyal Orange Lodge No. 764 , (b) The Loyal Orange Ladies Benevolent Association Number 1244 (c) The Royal Black Perceptory No. 398 and that the transfer herein shall be to the named Trustees and their SPCi~~ssors appointed from time to. time by the above c:Hall" Board... r_:.-;~.'-, ',",,'_~ . '" I L 750 - Offer to Purchase I Agree. of ~urchase & Sale - Page 2 UNITED STATioNERY Lellal Form. All fixtures ohall remain with the property, ,*aiJilXX and the following chattels, the property of the Vendor, shall be Included In. this sale for the price above-mentioned: none This Offer shall be Irrevocable by the Purchaser untiil.l.;59n P.M. on the n..n.nnd~~n...n.n. day of n..~....sgpt.~. n.....n. 19J3.5after which time, If not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without Intere.st or deduction. PROVIDED the title Is good and free from all encumbrances, except as aforesaid, and except local rates and minor easements for hydro, gas, telephone or like services to the property; said tllle to be examined by the Purchaser at his own expense, and the Purchaser not to call for the production of any title deed, abstract of tille, survey, proof or evidence of title, other than those In Vendor's possession or under his control; and provided the same have been complied with, the Purchaser to accept the property subject to municipal requirements, including building and zoning by-laws, minor easements as above-mentioned, and to restrictions and covenants that run with the land. The Purchaser to be allowed nn.t:.E?1:lnnn.n.nn.n days from the date of acceptance hereof to Investigate the tille at his own expense, and if within that time he shall furnish the Vendor In writing with any valid Objection to the titie, or to any outstanding work orders or non-compliance with zoning by-lawS, or that the present use of the property may not be lawfully continued. or that the buildings on the property may not be Insured against risk of fire, which the Vendor shall be unable or unwilling to remove or correct, 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 deduction, 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 lime, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. This Agreement shall be completed on or before the. X:mJilx 30th ....day of . n.~~~.~.~.?.r..~n... 19n.~.? on which date vacant possession of the real property Is to be given to the Purchaser, or he is to accept the present tenancies and to be entitled to the receipt of rents and profits thereafter. Until completion of sale all buildings and equipment on the property shall be and remain at the risk of the Vendor until closing and the Vendor will hold all policIes of Insurance effected on the property afld 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 cancel this Agreement, whereupon the Purchaser shall be entitied to the return, without Interest or deduction, of all moneys theretofore paid on account of this purchase. Unearned fire Insurance premiums, fuel, taxes, interest, rentals and all local improvements and water rates to be proportioned and allowed to the date of com- pletion of sale. Deed or Transfer to be prepared at the expense of the Vendor on a form acceptable to the Purchaser's solicitor, and if a mortgage is to be given back, same 10 be prepared at the expense of the Purchaser on a form acceptable to the Vendor and drawn pursuant to The Short Forms of Mortgages Act, Ontario. The Vendor agrees as follows: 1. That he will, at his own expense, comply with the provisions of The Planning Act, and any amendments thereto. 2. That he will comply with the provisions of The Land Speculation Tax Act, and any amendments thereto. 3. That he will produce evidence that he Is nota non-resident of Canada within the meaning of The Income Tax Act, or If he is a non-resident thllt he will comply with the provisions of Section 116 of the said Act. The Purchaser agrees to produce evidence that he Is not a non-resident of Canada within the meaning of The Land Transfer Tax Act, or II he Is a non- resident, to comply with the provisions of the said Act. 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 01 documents or money hereunder may be made upon the Vendor or Purchaser or upon the solicitor acting lor the party on whom tender Is de- sired, and it shall be sufficient that a negotiable certified cheque 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 Bowmanvi lIe this 12th day of June 19 85 IN WITNESS WHEREOF we have hereunto set ou r hand S and seal. SIGNED, SEALED AND DELIVERED In the presence 01: ----- lrystees of the Loyal Orange Association Ha 1 tloard, Tyrone .J)gJ;..;,....(].~..A...,.()~.(AfflXSeal) Purchaser '\ ..~.E?!...;.....~.. ~. . .. "pii~ciiiiseJ "~".:;;." ......... P6!r:~. 0, ~ . . .. ............(Afflx Seal) ------------------------------~- & . , . I/WE, hereby accept the above offer and its terms, and coxen~t, pro"llise and a.wee.to and with the above-named Purchaser to duly carry out the s. eme on (',c t'urcnase n;~ce . the terms and conditions above mentioned, and hereby accept the deposiy 6f $ 1. 00 xaci~lmrCX)rli~ur~iKX hiK8ll~iKlJliMiK XIJli~ ~xxxxx~~~l!q1iKl6}{D6~HHltMiKi}j:i~Cl\IlCIlElI:Hlll'I)6KMiHiMJXSR)KHiKlIKX X~lUM:x;iKlXfKllCflfal{SIi~MllIi~XXXXXX DATED at Bowmanville this dSP:: day 01 ~ Sept. 19 8~ IN WITNESS WHEREOF have hereunto set hand and seal. SIGNED, SEALED AND DELIVERED In the presence of: ~ ~.~ r- THE COR~9-0N ....r.,e.:J;'~..f.. .. ..... ....... ,.............'. .... ....... ..... .. . (Affix Seal) Vendor ~ C\. .. ,.... 1 ) I , ....~e.r..:,......m,......~:.., n . ... .....~... (AlIlxSeal) Vendor J_u_..\