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HomeMy WebLinkAbout86-114 /~. 7. /j-j'. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- 114 being a by-law to authorize execution of an agreement of purchase and sale with W. E. Roth Construction Limited (Block 74 Plan R.P.IOM-766 Darlington) 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 of Purchase and Sale between W. E. Roth Construction Limited and the said Corporation. in respect of the sale of Block 74. R.P.IOM-766 (Darlington). a copy of which is attached as Schedule "X". /CF I)' -p ^ OJ- ,y.P . v~ r:/ !~ / C..'I,/' (\ , ~r;U {.Y By-law read a first and second time this 28th day of July 1986 By-law read a third time and finally passed this 28th day of July 1986. l Mayor , tw' O~... Clerk AMENDED MARCH 1982 Dye&Durham Co.Limited,160 Bartley Drive,Toronto Form No.116 OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE ►�1vE.. W.E. Roth Construction Limited ........................................................................................................................... .............................. ................................... . ....................................................... of the..............CIty....................................of..........Oshawa..............................................(as purchaser) having inspected the property hereby agree to and with The Corporation of the Town of Newcastle ..................................................................................................................................................................................................................................................................................... (as vendor),through ..................... nt.......................................................................................................................................................... Agent for vendor West Cherry Blosson Drive to purchase all and singular the premises siteate on the..........................................side of............................................................................................................................ Inthe................T1 W. .....................................................................................................................of.....................MWq q le.................................................................... known as.............................................. property") ......................................... ...............................................................1..............................................(herein called"the real O meter8••,,,,,,,,,,,,,•,.,••,,,,,,more or less,b p irregLllar ..........more or less, having frontage of about...................$J..$........................ y a depth of about ........the whole...of...Block..�io. ...........................................according to Plan No. ...................1OM-766......................................................... Registered In the Registry Office Newcastle No. 10 at .Bowmanville ....................................................................................................................................................................................................................... at the price or sum of...................Sixty...Thousand........................... ........................................................................ Dollars($....60,000700 as follows:.:..............Five...111011si;nd ...... ( 5 000.00 ) Dollars $.......5!. cash or certified cheque to the said PUQMendor 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 pay the balance of the purchase price in cash on closing to the Vendor, subject to the usual adjustments. Schedule A attached hereto forms part of the within agreement of purchase and sale. All fixtures shall remain with the property,except: and the following chattels,the property of the Vendor,shall be included in this sale for the price above-"•oned: 6 I<. ff This Offer shall be irrevocable by the Purchaser until......4'00 P.M.on the........................day of..... -..............19.....after which time,if not accepted,this Offer shall be null and void and the deposit returned to the Purchaser without interest 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 title to be examined by the Purchaser at his own expense,and the Purchaser not to call forthe production of any title deed,abstract of title,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,rriinoreasements as above-mentioned,and to restrictions and covenants that run with the land. The Purchaser to be allowed.XMWL..closing nce of this Offer to investigate the title at his own expense,and if within that time he shall furnish the Vendor in writing with any valid objection to the title,or to any outstanding Municipal work orders or deficiency notices affecting the real property,or non- compliance with zoning by-laws,or that the present use of the property may not be lawfully continued,orthat 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 time,the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. The Vendor hereby consents to the municipality releasing to the Purchaser details of all outstanding Municipal work orders or deficiency notices affecting the real property. as hereinafter provided This Agreement shall be completed orXx t possession of the real property is to be given to the Purchaser, 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 affected on the property and 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 entitled 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 completion of sale. Deed orTransfer to be prepared at the expense of the Vendoron a form acceptable to the Purchaser's solicitor,and if a mortgage is to be given back,same to 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. This Agreement shall be effective to create an interest in the real property only if the applicable land division provisions of the Planning Act are complied with,and the Vendor agrees,at his expense,to comply with such provisions and to proceed diligently with the application for such compliance. The Vendor,on or before completion,will produce evidence that he is not,and upon the completion of the transaction will not be,a non-resident of Canada within the meaning of the Income Tax Act,or if he is a non-resident,that he will comply with the provisions of Section 116 of the Income Tax Act. (over) The affidavits required under The Land Transfer Tax Act shall be prepared by the Purchaser. 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 of documents or money hereunder may be made upon the Vendor or Purchaser or upon the solicitor acting for 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 Oshawa this 22nd day of July 19 $6 IN WITNESS WHEREOF seal.the Corporate seal of the purchaser herein and the hands of its proper signing officers in that beh W.E. ROTH CpNST2UCTI LIMZTED Ze SIGN ED, SEALED AND DELIVERED Per:In the presence of: ....... �/. ! ffi ) .......... y............... ..... .. Purcbb ser Willi E. Roth (Affix Seal) Purchaser ME, hereby accept the above offer and its terms, and covenant, promise and agree to and with the above-named Purchaser to duly carry out the same on the terms and conditions above mentioned, and We hereby accept the deposit of$ 5,000.00 ou or- hall e . The Spouse of the Vendor hereby consents to the sale of the real property and agrees to join in the conveyance thereof. (Strike out above if not applicable) DATED at Newcastle this day of July 19 86 IN WITNESS WHEREOF the Corporate seal of the Vendor Corporation and the hands of its proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ..................................................... .......................................................(Affix Seal) Per: Vee nn dor (Affix Seal) Vendor ....................................................................................................................................(Affix Seal) Spouse of the Vendor I hereby acknowledge receipt of signed copy of this accepted Agreement I hereby acknowledge receipt of signed copy of this accepted Agreement of Purchase and Sale. of Purchase and Sale. ...............................................................................Date......................................... ...............................................................................Date......................................... (Vendor) (Purchaser) ...............................................I............................Date......................................... ...............................................................................Date.......................................... (Vendor) (Purchaser) Address:................................................................................................................. Address:.................................................................................................................. TelephoneNo........................................................................................................ Telephone No.........................................................................................k............... Vendor's Solicitor.................................................................................................. Purchaser's Solicitor.............................................................................................. .................................................................................................................................. .................................................................................................................................. - > v M M �- ° M O ° Z -n 3 m O X 3 .n O a C - n D n ° N = M D ° D m a Z . v L ! �0 D r M TM IS SCHEDULE "A" TO THE AGREEMENT OF PURCHASE AND SALE BETWEEN W.E. ROTH CONSTRUCTION LIMITED, AS PURCHASER, AND THE CORPORATION -0 THE TOWN OF NEWCASTLE, AS VENDOR FOR THE PROPERTY KNOWN AS BLOCK 74, PLAN 1OM-766, NEWCASTLE. The vendor herein warants that the said lands shall be zoned on the date of closing, so as to permit the construction of five detached single family dwellings on the subject lands, and that building permits will be available for all such units, it being understood and agreed that the purchaser is relying upon the above noted warranty in entering into the said agreement. i The purchaser covenants to imnediately upon acceptance of the within agreement to proceed with the preparation of a reference plan required by the purchaser in order to create the aforesaid five lots, all at the purchasers expense, and the vendor covenants it it will provide individual deeds to the purchaser for the conveyances of the said lands as directed by the purchaser for each of the parts as created on the said reference plan. ' The purchaser further covenants, that .it�,tne same. is required by ithe Town of Newcastle, that it will enter into a servicing agreement with the Town of Newcastle, in order to ensure the proper instalation of all servicing as may be required to service the five units as contemplated in this agreement, and the purchaser further confirms that it will pay to the Town of Newcastle, in addition to the purchase price the normal levies as may be required by the Town for each single family dwelling unit, in accordance with the normal levy policy of the Town of Newcastle. The closing of the within transaction shall take place on the 21st day of September, 1986, upon which date vacant possession of the property is to be given to the purchaser herein; provided however that in the event that the reference plan contemplated herein is not registered by the said 21st day of September, 1986, then the parties herein do hereby agree, and do hereby extend the closing of the said transaction to a date being 7 day after notice in writing has been provided to the vendor that the said reference plan has in fact been registered. In the event that the said reference plan is not registered by the 31st day of December, 1986, then this agreement shall be null and void and all deposit monies paid herein shall be returned to the purchaser herein forthwith without deduction. The vendor herein further covenants and agrees that it will co-operate fully with the purchaser with respect to such reference plan registration and that it will sign any and all plans applications and the like as may be required by the Land Registry Office under the provisions of the,Land Titles Act to effect the registration of the said reference plan. jj c/' L