HomeMy WebLinkAbout92-174
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92- 174
Being a By-law to authorize the execution of
an agreement between The Corporation of The
Town of Newcastle and Floyd Thomas Fowler and
Iris Laura Fowler for the purchase of certain
lands required for the widening and upgrading
of prestonvale Road in the Town of Newcastle.
WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, Section 191
(1), states that:
"The Council of every corporation may pass by-laws for
acquiring or expropriating any land required for the
purposes of the Corporation ...";
WHEREAS The Corporation of the Town of Newcastle requires certain
land for the widening and upgrading of Prestonvale Road;
THAT the Mayor and Clerk be authorized to execute on behalf of The
Corporation of the Town of Newcastle, an Offer to Sell from Floyd
Thomas Fowler and Iris Laura Fowler attached hereto as Schedule "A"
and forming part of this By-law.
NOW THEREFORE The Corporation of the Town of Newcastle enacts as
follows:
The Mayor and Clerk be authorized to execute on behalf
of The Corporation of the Town of Newcastle, and seal
with the Corporate Seal, an Offer to Sell from Floyd
Thomas Fowler and Iris Laura Fowler, attached hereto as
Schedule "A", that portion of Part Lot 33, Concession 2,
in the former Township of Darlington.
BY-LAW read a first and second time this 13th day of July, 1992.
BY-LAN read a third time and finally passed this 13th day of July,
1992.
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MAYOR
CLERK
_NTAR10 REAL ESTA'T'E ASSOCIA'i N
AGREEMENT OF PURCHASE AND SALE
REALTOR REALTOR
PURCHASER TIHE TOWN OF NEWCASTLE /_n u nq offers to buy from
VENDOR FLOYD THOMAS FOWLER AND IRIS beRA- FOWLER CA, through Vendor's
AGENT NO AGENT the following
� T� WSTING SROKERI C C L J c[ (SELLING BROKER(
PROPERTY:fronting on the 7Gpfe ofPR' TrAT F Rn_ cQnown municipally as 2564 PRESTONVALE ROAD
in the R=N of DURRAM
and having a frontage of SEE_B+I OW more or less by a depth of more or less and described at y
CONCESSION 2 PART LOT 33 AND PART OF ROAD ALLOWANCE BETWEEN LOTS 32 & 33 NOW R.P.l R 29 8�PART
6-ANILBEII�IC�A i R T AN(;i.F WTTFi A FRnNTA(;F n ESTONVAT•F ROAD OF 15 M AND ADEPT a tQeN�U RA o4r.5 M
----O E O�S�ND HUNDRED�OLT•ARS------------- Canadian Dollars($Can 1 200.00 )on the following terms:
1. Purchaser submits with this offer NO DEPOSIT Dollars($ Nil, )cash/cheque
payable to the Listing Broker 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 date subject to the usual adjustments.
The property is known as 2564 Prestonvale Road, Newcastle and the Purchaser is purchasipg
a triangle of the land which fronts on Prestonvale Road at the north,/wM1est'fcorner and..-C�t'
Road with a frontage on Prestonvale Road of 15 M. and a depth on.Ghk `f'k' &d of 4.5 M. with a
total area of 33.75 sq. M. + or -, as shown on Addendum "A" attached. ,9/a -
`Ihe Purchaser agrees to pay all of the legal, surveying, landscaping and any other associated
costs involved in or with the transaction and development of the property.
The Purchaser and Vendor both agree that the transaction can be completed at any time prior
to the closing date set out in this Agreement of Purchase and Sale.
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 VWgor agrees that this Offer shall be irrevocable b him until l:59 15TH day of JULY ,
fDtC�4iC §X g y Qgxgp.m.)on the y
19 92 ,after which time,if not accepted,this Offer shall be null and void and the depssit shall be returned to Purchaser without interest or deduction.
5. This Agreement shall be completed on the 28TH day of AUGUST 19 92 Upon completion,vacant possession
of the property shall be given to Purchaser unless otherwise provided as follows:
6. Purchaser shall be allowed until 4:59 p.m.on the 28TH of AUGUST , 19 92 to:examine the title to the propery,at his own
expense to satisfy himself that there are no outstanding work orders affecting the property,ars`Cj[g [t}4?�ty
>hXY X30K09%MQrXi]LtXII XrAX4gfXh—A`f 19 fix
7. Provided that the title to the property is good and free from all restrictions,charges,liens.claims and encumbrances,except as otherwise specifically provided in this Agreement.
and save and except for:
(a)any registered restrictions or covenants that run with the land,provided that such are complied with:
(b)any registered agreements with a municipality or a supplier of utility service including,without limitation,electricity,water,sewage,gas,telephone or cable television or other
telecommunication service,providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant
municipality or utility supplier;and
(c)any minor easements for the supply of utility service to the property or to adjacent properties.
If within the time for examining the title any valid objection to title,or any outstanding work order or deficiency notice,or to the fact that the said present use may not lawfully be
continued. aQp(t}(1} f p(13Qtp�j}�t (r aQ}> {¢t}epQgtg(�X�}ti�()Q}�C}Q�{fj[gr�is made in writing to Vendor or Vendor's solicitor,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,XX
gq(pQQ(�yq}¢g)g}Q aQ�Q �¢t}�rRpF�ipklpf}XCg�t i}Q�igtg�q�s p�ejQQ��t}Q and Vendor aXN*X6XWX shall not be liable for any costs or damages.Save as to any valid objection so
made within such time,and except for any objection going to the root of title.Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.Vendor hereby
consents to the municipality releasing to Purchaser details of all outstanding work orders or deficiency notices affecting the property,and Vendor agrees to execute and deliver to
Purchaser or his solicitor such further authorizations in this regard as Purchaser may reasonably reasonably require.
R. Purchaser acknowledges having inspected the property prior to}QpQ)( Z7fdS Offer and understands that upon%M&X accepting this Offer there shall be a binding
agreement or purchase and sale between Purchaser and Vendor.
9. 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 elsewhere in this Agreement.
1
10. Purchaser shall nut call for the production of any wed,abstract,survey or other evidence of title to the propel .ept such as are in the possession or control of Vendor.'.
Vendor agrees that.it'requested by the Purchaser.he will deliver any sketch or survey of the property in his possession or withir.his control to Purchaser as soon as possible and*
prior to the last day allowed for examining title.In the event that a discharge of any mortgage or charge held by a corporation incorporated pursuant to the Loan Companies Act,
(Canada).Chartered Bank.Trust Company.Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion.is not available in registrable form
on completion.the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain,out of the closing funds.a discharge or cessation of charge in registrable form
and to register same on title within a reasonable period of time after completion,provided that on or before completion the Vendor shall provide to the Purchaser a mortgage
statement prepared by the morteagee setting out the balance required to obtain the discharge.together with a direction executed by the Vendor directing payment to the morteagee.
of the amount required to obtain the discharge out of the balance due on completion.
11. il � a�c�cx�a¢�X�th�xs�xaa� �c�ti �c�e�tr�»Q�tnx�eixie�exhr �eih'+c�tX�e>�sexl�ss�c �fx��zxhe4kb�' eit�exR
><fu€dGx�xtX�t�x�xNAtx+x�x�c��x<x�oxr�t�cO�caA��fi�aatvcxsat�4�mx�s�ex;>Otea�+x4?fxls��cge�xotxl���k44>>s��aca?t�41a��a>a�xl�t��ta�€x��ez��x�is�x�r€x
xxh��x�lk��a�eb(�s(7k�vc�c �kxtx��xstx�xvcx�t�kx�swcs���ctxiexx�xs� ;N>x>�csh�x�i�'+�¢s�xhe�t4���t
xxx+m�0>u�xXx3e�cCx>;e�d�ic�c�ax�i�a €�xx� x [xhe�iKlx�xxm>� €x�€k�x�exc�4�lc�>t�aa�i��4�txyas��x�e�2K�c>?�ach�sxgf
�t�m�ciex�e�e>���dnx�s�cx�i� �sE�x��c�exst�4igex
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 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 liabilty 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.
14. Any rents,mortgage interest•realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be
apportioned and allowed to the day of completion,the day of completion itself to be apportioned to Purchaser.
15. 3ftTCD4ft13*2t14D(Ik?C�E4Ch44Q ?X} } ?C9'.?F7f� Des 7( J€7FXI)49FdC� 4tl 9CfA i9�7f1?FDCx'7 ?4)ftrX�€tff34DLA E7Q'h( 47'1�'X�}Faik k41X1X
}'gig{tp�p�ig� pXRt}(IytXsp�p4}(f }PylrR}p�}Fx if requested by Purchaser.Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the
statements contemplated by Clauses 49(21a)(a),(b)and(c)of The Planning Act.1983.
16. 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 may be specifically authorized in that regard.
17. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement.Money may
be tendered by bank draft or cheque certified by a Chartered Bank.Trust Company,Province of Ontario Savings Office.Credit Union or Caisse Populaire.
18. THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW
ACT.1986,UNLESS THE VENDOR'S SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDED.
19. The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the property,the Vendor has not caused anu,building on the property to be insulalelt
with insulation containing ureafennaldehyde,and that to the best of the Vendor's knowledge no building on the property contains insulation that contains ureaformalehyde.T,%**
warranty shall survive and not merge on the completion of this transaction,and if the building is part of a multiple unit building,this waonty shall only apply to that parivIf ft
building which is the subject of this transaction.
20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING CREDIT AND/OR PERSONAL INFORMATION ",AV
REFERRED TO IN CONNECTION WITH THIS TRANSACTION.
21- ?�I�?C$EAR'�!'1E?Elf?IIPI ,'' 4CtiifiP (4KI47a2R4Articsix �chcr�ra�ai�s�Re;¢>z�eX�si •
22. If there is conflict between any provision written or typed in this Agreement(including any Schedule to this Agreement)and any provision in the printed portion-hereof,tAe wt p
or typed provision shall supersede the printed provision to the extent of such conflict.This Agreement including any Schedules attached hereto,shall constitute the entire Arne
between the Purchaser and Vendor.There is no representation,warranty,collateral agreement or condition,whether direct or collateral or expressed or implied,which in4uce4
party hereto to enter into this Agreement or on which reliance is placed by any such party,or which affects this Agreement or the property or supported hereby•other o"
expressed herein.This Agreement shall be read with all changes of gender or number required by the context.
23. if this transaction is subject to Goods and Services Tax(G.S.T.)then such G.S.T.shall be in addition to and not included in the purchase price.and G.S.T.shalt be co*c(te
remittent in accordance with applicable legislation.If this transaction is not subject to G.S.T.,the Vendor agrees to provide on or before closing to the Ptuchaser or a a#
solicitor a certificate in the form prescribed by the applicable legislation(if so prescribed,or otherwise in a form reasonably satisfactory to the Purchaser or Purchaser's ic1
certifying that the transaction is not subject to G.S.T."G.S.T."means the tax commonly referred to as the"Goods and Services Tax'contemplated by Bill C-62,Thio,
April 171.1990.of the Parli:-rent of Canada.or as maybe subsequently enacted into law. NO COMMISSION PAYABLE ON THIS TRANSACT
DATED at NEWCASTL ON lARIO this 90th day of Jules t9 92
iN WiTNESS whereof i have hereunto set my hand and seal:
SIGNED.SEALED AND
DELIVERED in the presence of: DATE July 20, 1 V 2
/W ilMaal
1 vcha 1
ISrall
l DATE July 20, 1:292
tw'it�r.•f l/ rcheaerl'
J 14an
The undersigned accepts the above Offer and agrees with the Listing Broker above-named. in consideration for his services in procuring the said Offer,to pay Aim on life dasellf
completion the eomnission set out in our listing agreement,together with applicable Goods and Services Tax(and any other taxes as may hereafter be appticablek,which cotarmt.
and taxes may be deducted from the deposit.i hereby irrevocably instruct my solicitor to pay directly to the Listing Broker the unpaid balance of the commission and such taltgg
doe proceeds of the sale prior to any payment to the undersigned on completion,as advised by the Listing Broker to my solicitor. _
@.I p p
ATEE7 �at OSHAWA, ONTARIO this day of v 9—mss
IN WITNES hereof i have o s my hand and seal:
SIGNED.$EAi ED AND
DELIVERED in the resence of:
— u� DATE ! /
,JWilMaan IVr I.n
l) L DATE 4 .L .-
tw•cmr.a C. rvrra�.rl
The unders igned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family Law Act.1986.
In consideration of the sum of One Dollar($1.00).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.
DATE
I W imcas l ust.""c l
IsraU
ACKNOWLEDGEMENT
i acknowledee receipt of my signed copy of this accepted Agreement of Purchase and i acknowledge receipt of my signed copy of this accepted Agreement of Purchase and
Sale and i authorize the Agent to forward a copy to my solicitor. Sale and i authorize the Agent to forward a copy to my solicitor.
DATE DATE
1�'rminl IMnha.rrl
DATE DATE
qve o IPun:haKrl
ADDRESS lizabeth 2tre_
367 E t,Q_S Wa ADDRESS Q Temp-exa.1 -e S-.Zee f-S?mna11VMe —
TELEPHONE NO. 1-416--728-8718 TELEPHONE NO. 1-416-623-3379
VENDOR'S SOLICITOR PURCHASER'S SOLICITOR
ADDRESS ADDRESS
TELEPHONE NO. TELEPHONE NO.
Form No. 101 tit/90
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