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Home My WebLink About94-144 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 94-144 Being a by-law to authorize the execution of an Offer to Sell between The Corporation of the Municipali ty of C1arington and Bell Canada for the purchase of certain lands required for the construction of sidewalks on Liberty Street in Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and the Clerk are hereby authorized to execute, on behalf of The Corporation of the Municipality of Clarington,and seal with the Corporate Seal, an Offer to Sell between Bell Canada and said Corporation, which is attached hereto and marked Schedule "B". BY-LAW read a first and second time this 12th day of September, 1994. BY-LAW read a third time and finally passed this 12th day of September, 1994. ~~ MAYOR CLERK OFFER TO SELL IjWe, the undersigned BELL CANADA, as Vendor hereby agree to and with TIlE CORPORATION OF TIlE MUNICIPALITY OF ClARINGTON, as Purchaser, to sell all that portion of Part of Lot 14, Block 4 C-G Hannings Plan of the former Town of Bowmanville, in the Municipality of Clarington, Regional Municipality of Durham, containing approximately 4,408.77 square feet, (as shown on plan hereto annexed) at the price of Fifteen Thousand Eight Hundred and Seventy-One Dollars and Fifty-Seven Cents ($15,871.57) 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 the lands described above, including compensation for severance, injurious affection or otherwise arising howsoever. ADDIDONALLY, the Purchaser agrees with the Vendor(s) to the following terms and conditions: 1. The purchase price has been determined on the basis of $3.60 per square foot of land area. On or before closing the Purchaser shall deliver to the Vendor a certificate of an Ontario Land Surveyor certifying the land area being purchased and an appropriate adjustment to the purchase price shall be made based upon such certification. 2. The Purchaser shall be responsible for the preparation and deposit of a reference plan respecting the property being acquired herein generally in conformity the annexed plan. 3. On or before closing the Purchaser shall reimburse the Vendor for its reasonable legal, administrative and appraisal costs fixed at $1,000.00. 4. Any alteration, replacement or realignment of the Vendor's cables or conduits which may be necessitated by the Purchaser's intended construction of a sidewalk upon the lands to be acquired shall be done at the cost of the Purchaser. 5. Prior to closing the Purchaser agrees to indemnify and save harmless the Vendor from any and all causes of action which may arise or result from the work performed upon lands to be acquired including but not limited to the construction of sidewalk upon such lands. 6. The Purchaser shall restore to its prior existing condition, any lands of the Vendor affected by the Purchaser's construction of a sidewalk upon the lands to be acquired. 7. H the Purchaser does not complete this transaction then the Purchaser shall remove installation of any sidewalks or other construction made by the Purchaser upon the lands to be acquired as soon as practicable at its sole cost. 8. This agreement may be executed in counterparts and delivery of an executed copy of same by each party to the other shall constitute complete offer and acceptance thereof. Delivery of this agreement may be made by facsimile transmission to the purchaser at (416) 365-1717 and to the vendor at (416) 447-1028. 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 the Purchaser will not waive, this agreement shall be null and void. Adjustments to be proportioned and allowed to the date of completion of the sale. lHIS OFFER TO BE ACCEPTED BY lHE Purchaser within sixty (60) days of the date herein, otherwise this offer become null and void; and the sale to be completed on or before , .. - 2 - 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 or condition affecting this agreement or the real property or supported hereby other than as expressed herein in writing. UPON acceptance of this offer 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 construction and maintenance of a sidewalk and boulevard. This offer may be accepted by a letter delivered to the Vendor or mailed, postage prepaid, addressed to the Vendor at: Bell Canada, Floor 9, 12 Concord Place North York, Ontario, M3C 3R8 or pursuant to paragraph 8 hereof. DATED this 15th day of September, 1994. BELL CANADA By: Name: Title: And By: Name: Title: THE CORPORATION OF THE MUNICIPALI1Y OF CLARINGTON And ~ By: Acting Scott g: \238\newcastl\bell-off.se1 ~5t.it~_ rI!!~~I~'m~1MO 1&71l:a~,J !o. Jc>1.~ ~IJ ~c.l!!I-!1~"O'" - co.: ".,! 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