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HomeMy WebLinkAbout85-97 ? .A THE CORAORATION OF THE TOWN OF NEWCASTLE BY-LAW 85-97 Bei~g a by-law to authorize execution of an Offer to Sell with Roadside Develq>ments Ltd., (Flying Dutchman, Baseline Road Construction) The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOllOWS: THAT the Mayor and Clerk are hereby authorized to execute, a1 behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, an Offer to Sell between Roadside Develop- ments Ltd., and the said Corporation, in the form attached hereto as Schedule "AIl. BY-LAW read a first time this 22nd day of July, 1985. BY-LAW read a second time this 22nd day of July, 1985. BY-LAW read a third time and finally passed this 22nd day of July, 1985. ~~~ Mayor L p~CLJ' &. Clerk ~;uuL?;1;.L.~J....:.-_1 Ct:I ~ Q) :e z r AA ~ ~ OFFER TO SELL TO: THE TOWN OF NEWCASTLE IjWE, the undersigned Roadside Developments Ltd., 143 Duke Street, Bowmanville, Ontario, L1C 2W4 as Vendor(s) hereby agree to and with the Town of Newcastle as Purchaser, to sell all that portion of Lot 11, Broken Front Concession, former Town of Bowmanville in the Area Municipality of Newcastle more particularly described as follows Parts 1 & 2, Plan 10R2009 containing 38.02 sq. metres as shown on plan hereto annexed at the price of Six hundred and ninety dollars ($ 690.00 ) payable on closing; which sum includes all compensation to which the Vendor(s) may be entitled under any statute of the Province of Ontario in reference to the construction, diversion, widening of the municipal Road on which the lands described abutt, including compensation for severance, injurious affection or otherwise arising howsoever. ADDITIONALLY, the Purchaser agress with the Vendor(s) to the following terms and conditi ons: a) Ten deciduous trees removed fromt he Vendorls Baseline Road frontage to be replaced by the Purchaser with ten coniferous trees, ten to twelve feet in height. b) Any lights or signs associated with the Vendorls property to be relocated or replaced by the Purchaser. c) Access to Baseline Road to be constructed by the Purchaser according to Drawing 6, Project 5878, April 1984, which includes, provision for proper drainage of said access and prevention of road drainage from entering the Vendor's property. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed sixty (60) 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 Purchaser will not waive, this agreement shall be null and void. Adjustments to be proportioned and allowed to the date of completion of sale. THIS offer to be accepted by the Purhcaser within sixty (60) days of the date herein, otherwise this offer becomes null and void; and the sale to be completed on or before sixty (60) days from the date of acceptance hereof on which date vacant possession of the said premises is to be given to the Purchaser. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respects shall be the essence of this agreement. It is agreed that there is no representation, warranty, collateral agreement of condition affecting this agreement or the real property or supported hereby other than as expressed herein in writing. UPON acceptance of this affer by the Purchaser, the said Purchaser by its servants and agents shall have the right to enter upon the property intended to be conveyed hereby for the purpose of Road reconstruction and utility relocation. This offer may be accepted by a letter delivered to the Vendor or mailed postage prepaid addressed to the Vendor at DATED this day of , 19 Witness Vendor Witness Vendor