HomeMy WebLinkAbout93-202 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 93- 202
Being a by-law to authorize the execution of
an agreement between The Corporation of the
Municipality of Clarington and H. E. Brown, G.
Skuce and W. Skuce for the purchase of certain
lands required for the reconstruction of
Prestonvale Road in the Municipality of
Clarington.
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, s. 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 . . . " ; and
WHEREAS The Corporation of The Municipality of Clarington requires
certain land for the reconstruction of Prestonvale Road.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. THAT the Mayor and Clerk be authorized to execute on behalf of
The Corporation of The Municipality of Clarington, and seal
with the Corporate Seal, an Offer to Sell from H. E. Brown,
G. , Skuce and W. Skuce, attached hereto as Schedule "A" and
forming part of this By-law, that portion of Part Lot 33,
Concession 2, former Township of Darlington.
BY-LAW read a first and second time this 13th day of December,
1993.
BY-LAW read a third time and finally passed this 13th day of
December, 1993.
MAYOR
CLERK
� �- d0"�
-
��HEDUL o o
ONTARIO REAL ESTATE ASSOCIATION
AIGROEMENT8F PURCHASE AND SALE 1B
REALTOR PEALIOR
'" ____-_ ___ .m"*hu%from
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°""°. -- _ _ - ./"^^l'°".e
PROPERTY:fronting on the EAST ,idea _L~~".,,inicipx`~-%45�JRESTONVALE ROAD
in the TOWN OF CLARINGTON, REGIONor DURHAM
and having"frontage m 101.33 MMRS more°less*"depth"'_-4^2.1u-Z.05
METERS IDK.=."less and
^=^*^ �
SEE LEGAL DESCRIPTION BELOW
�� -__-- ---_----_-' �
".",m,v^u MOLT'^ �
V Canadian Dollars 6Can ,it(lie^ll~tile*"l" �
., Purchase submits with this offer --_ - ' ^�
_ uv�a°��,��am��u*umm�`���°�uw"���mm*"* x*�^p="" and"�"°=^^~^+m^,�h.m°�on �
' Purchaser the balance of the purchase price in ownh or by certified cheque to the
Vendor on the closing dute.
The property being purchased and sold herein is described as the area consisting of a total
area content of 577,7 square meters + or - (.14275 acres + or -) along the road frontage on
the east side of Yceotonvala Road and along the went boundary of the property more
particularly described as part of lot 31 and part of the original road allowance between
lots 32 and 33 in Conceuoeioo 2 in the Town of Clucin&ton' formerly the Ib^m of Newcastle,
and formerly the Township of Darlington in the County of Durham and more particularly as
described in registered Instrument No. 22177 and as illustrated by the highlighted area of
the attached copy of plan for road widening marked ''Parcel 3''.
The Purchaser agrees to pay all of the legal, surveying, landscaping and/or other associated
costs involved in or with the transaction and development of the property.
The Purchaser and Vendor both agree that the transaction can he completed at any time prior
to the closing date set out in the Agreement of Purchase and Sale.
'
3 p.ru-.and Vendor agree that all=*ng in, id"I it,,'~.~*°'°r111,~w^~~.=
and(hat(lie following chattels are included^the*r�li~ p° `
^ Y�Mg"`,that this Offer shall be/rfe°=^ub%him until-_JJ:59 Luu.*nI ^."fit, J5T11 +... JVLY-
w 94 .after which time.x not accepted.*.m° °u.tic~*/"a.~m. d t".°.n".^,^^.h." dcd^ .'.
5, misw°^°"nt,^u/be ^' _'_6V�U_S1.___--- ' 19 94. ,~."..°.,/........,".,..~.,."
w the property shall toe given°Purchaser unless otherwise r°ided^follow,
.
^. Purchaser shall be allowed until ,npm.on the 30TH 01 AUGUST -_ ......","^/°..'"°Eli,r"°"...".`-.
expense°satisfy himself that there are no outstanding""*orders=le". the pop,rl�.uuux * x*_-_�--_-_-'__
'. Provided that the title m the properly',good and free from all restrictions.charges.liens,"u.nrl.and.="°^"=,,"°n°°^°^.c p'`'*^."m"^^.=.""".
�^�� for:any registered restrictions or covenants that ran�ith the land,pro\ided(hat such are complied wilh�
(b)any registered agreements with a municipality or a supplier of utility service including.u tmout limitation.electricm,,ater,se,,�e.ga,tc]Qphonc )I-ble tele�sion or othct
telecommunication service.providing such have been complied with or securit)has been posted to ensure cornpliance.ind�oinplcllwr�,N c\,d,n�ed M letter from flic rele,ant
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 an),outstanding work order)I or I,)the lao th"I in, .,i,l I""ont It"Ina\ lot I"fall,b,
continued, is made in�Mitii,to Vendor or Vendor*s solicitor.�hj�h\vndot ,iniah1cor ursvIlling w ron�,e,
remedy or sat fy wil ive,(his Agreement,not,ith,landing any intermediate acis or negaliations in respect of ich objections.Nhall ba_ d-
made within such time,and except for any objection going to file root oftifle.Purchaser shall the conclusively deenied to ba�c a.
consents to the municipality releasing to PurchuserTelail,of.11 outstanding wo,k orders or deficienc,�nolice,allecting tile propert).and Vcnd,ravrce,to vwcun:and delocir n,
Purchaser or his solicitor such further authorizations in this regard as Purchaser ma)reallornthl� cquirv.
^ Purchaser acknowledges having Inspected the property prior(��iMoffer and understands that"�����.�'`�.�",��,u��
��°�w,�m= =o"�w�=",���,"mv��"
,. Vendor and Purchaser agree that there is no condition,express or i /ieo representation or warrant)of"..`kind that the Mine intended"~."fic,"p."`b\mrv^,""`tit.III
be lawful except as may be specifically stipulated elsewhere in this Agreement,
�I
10. Purchaser shall not call for the production of any lisle deed.abstract,survey or other evidence of title at the pmpeay except such a,are to the possession or canted of Vendor.
Vendor agrees that,if requested by the Purchumr,he will deliver any skcrch or su,•ev of the propcn�in his Ixn.c,,iun or within.Ili,control to T'ureh:,er a,loon a,pu„ibic 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 pur,mwl to the Loan Companies Act
(Canada).Chartered Bank,Trust Company,Credit Union or Insurance Company and which is not to h assumed by'the Purchaser on completion.is not asuitable in registrable firm
on completion,the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain.out of the closing funds,a discharge or cesation of churge in regt,truble 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 mongagc
statement prepared by the mortgagee selling out the balance required to obtain the discharge.together with a direction executed b.\the Vender directing pay went to the mortgagee.
of the amount required to obtain the discharge out of tlw balance due on completion.
11. All buildings on the property and all other things being purchased,hull be and remain until completion at the risk of Vendor.Pending c.ouplemm.\ender,hall hold If nsmaur,
policies,if any,and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage.Purchaser me.\either terminate this Agreement
and have all monies theretofor paid returned without interest or deduction or else take the proceeds of any insurance and complete the purdta,e.Ne m,uf,owe.halt be transferred
on completion.If Vendor is taking back a mortgage or a charge,or Purchaser is assuming a mortgage or a charge.Purchaser shall,apply V,nd,n,e nil«•,,enable e\idenee of
adequate insurance to protect the Vendor's or other moncueee's interest on completion.
12. Provided that this Agreement shall be effective to create an interest in the property only if the suhdi%isiun consul proci,ion,of The Planning Act are eomplkd with by Vendor on
or before completion and Vendor hereby covenants to proceed dilif;cmI ,•ant JK•xpeen,,t t)oGbttaaiin�am necessan consent on or before completion.
13. Purchaser shall be credited towards the Purchase Price with the amount:ifun wltCh it Ua R nea„ary for Purchaser to pay to Use Min.,ter of National R,\enue in order to
satisfy Purchaser's liabilty in respect of tax payable by Vendor under the nonresidency provisions of the Income Tax Act by reason of Ihi,,ale.Puroiawr,hall not daun inch credit
if Vendor delivers on completion the prescribed certificate or his.sumo,declaration that he is not then a non-resident of Canada.
W. Any rents,mortgage interest,realty taxes including local improsement rate,and unmecercd public or pri\:ne utility charges and unnn•tered cost,oi iuel.a,applicable,shall be
apportioned and allowed to the day of completion.the day of completion itself to be apportioned to Purchaser.
15. The Transfer/Deed shall,save for the Land Transfer Tax ABiduv it,be prepared in registrable form at the expense of ,aser
and any men,age oa.hags nr he gnrn hack ny the
Purchaser to the Vendor at the expense of the Purchaser.If requested be Purchaser.Vendor covenants that the Trun,ferDeed to be dehsrrcd„tt annpletion,hall contain lite
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 pro\ided for herein may be extended or abridged by:m agreement m
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 solicitor,on file day set for ronq*lnni of till,Aercrntevu.M nte.\may
be tendered by bank draft orcheque cenified by a Chartered Bank.Trust Company.Province of Ontario Sa\ings Office.Credit Union ,,Came I'epufauc.
18. THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER TIIE PROVISIONS OF THE FA)111.1 I.A\\
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 prope•ny.the Vendor ha,not caused.my buldmg o I Ufa property w he n'flawd
with insulation containing ureaformaldehyde,and that to the best of'the Vendor's knowledge no buifdmg on the prul\e•ny cenhJns u,uLoam than.,nuau,Local unaMIh J, [it.,
warranty shall survive and not merge on the complelrun of this oramaction,and d the building is pan of a multiple unit build e,It-N:maury,liAl only apply I,th.d pen,n Use
building which is the subject of this transaction.
20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING C'REDI'T' AND/OR PERSONAL INFORMATION MAN' HE
REFERRED TO IN CONNECTION WITH THIS TRANSACTION.
21. The Vendor hereby appoints the Listing Broker his Agent for the purpose of giving and receiving nouce•,pur,uant to ill,,Agreement
22. If there is conflict between any provision written or typed in(his Agreement(including am Schedule to Ihi,Agrxrmenti and any pnr\,wn in the punted ponum lwwol.the w olten
or typed provision shall supersede the printed provision to the extent of,uch conflict.This Agreement including any'Schedules att:nhrd hereto.,hall con\uhuc the entire Agre,nnnt
between the Purchaser and Vendor.There is no representation,warranty,collateral agreement or condition.Nhether direct or collateral (,,\pressed er imphed.\chtdt induced any
party hereto to enter into this Agreement or on Nhich reliance is placed by any such party,or which affects this.Agreement or the properly or wpfxrtvd hervb).other than as
expressed herein.This Agreement shall be read with all changes of gender ur 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 putchase pn,e.and G S.T.,hall he c lleaet and
remitted in accordance with applicable legislation.If this transaction is not subject to G.S.T.,the Vendor agrees to pro%ide on or before closing to(he Pardta„r or Pu,haser',
solicitor a certificate in(he fomt prescribed by the applicable legislation(if so prescribed,or otherw'ise in a form reasonably sati,Crctory to die 1'urcha,rr or Punch:,er',,olrc)Ior t
certifying that the transaction is not subject to G.S.T."G.S.T:'means the tas commonly referred to as(he"Goods and Se,ice,Ta\•'an t,niplawd by 1311 Cdi.Thud Reading
April 10,1990,of(he Parli:mcra of Canada,or as may be subsequently enacted into law.
DATED a( - —this-------._ J,\of
SIGNED,SEALED AND IN WITNESS wh,,cof I ha\e h—linno set ur\han,!.mo\,.d
DELIVERED in the presence of:
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DATED at CLARINGTON ONTARIO__. .. ... wt,. . da,rn �_ _ l•,
IN WITNESS uhercoi I h:,,harruntn„t n,h.wd.wd....I
SIGNED,SEALED AND i / r�'
DELIVERED in the prescnre u1. 17>
Thu undersigned Spouse of the Vendor hereby consents to the dispmition e\tdenced'herein pursuant to the pro\,ton,of 1'hr F,mil.\L\,Act.!Van.
In consideration of the sum of One Dollar(SL001,the receipt of which from the Purchaser is hereby acknowlcdecd.the under,,gn,d.spo,„•a u:,\enJ,n herb\.,ore,uan rs
Purchaser that he/she will execute all necessa,or incidental documents to gi\e full force and effect to die,ale e\idenced herein.
--DATE
,Ynne>„ �lpw•.i
ACKNOWLEDGEMENT
I acknowledge receipt of my signed cops of this accepted Agrecnsnt of Purcha,e and 1 acknowledge recrgn„f m.\,r_ned rope,rl chi, opted A-1—mot of I'm.n.,..^c
Sala and I authorize the Agent to forward a copy to my solicitor. Sale and I aulho,uc the Agent to lo—n,f a app\or m\\lb(,r
i
DATE—_—_ DA I I _
nrw.ur
DAIL
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ADDRESS ADDRESS__._.._...
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