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HomeMy WebLinkAbout84-101 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 84- 101 being a by-law to authorize the execution of an Agreement of Purchase and Sale with Horst Hoensch (Old Orono Fire Hall) 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 Horst Hoensch and the said Corporation, which is attached hereto as Schedule IIXII. BY-LAW read a first time this 23rd day of July 1984. BY-LAW read a second time this 23rd day of July 1984. BY-LAW read a third time and finally passed this 23rd day of July 1984. B~c~ ayor ~~,dJA% Clerk I File NO:n~~.:.2j1t.L....n...:._.........1 page 3 of 4 , . AGREEMENT OF PURCHASE AND SALE HORST HOENSCH PURCHASER. '.."""'..'"'.."",.,,..,,, "....,..,..., ..',. ,. .",..",... ","', .".."" '......','..." ."......., .,.. '",.,.."... ",', ,'.... ".. '.."'.."",,, ",..,.. '..', '" ". ,.. '. offers to buy from CORPORATION OF THE TOWN OF NEWCASTLE . :~;~~~...',',',':::::::,:::::':::,:::::~lA:,',,::,.:..:::,':',:::'::...,'::'::,':,:~',::,,:,:,',:,.::'..,::,:,:,:,:"..' :":::',::::'::'::::::',:: ,::::::::::::::: ':::::'::':', ,....:,:::::,':,:. ,~:~:: ~~:~~~: PROPERTY: fronting on the ,..~~s,t,...... side of ,.."..,a.,i~..?~t~e,t..,..,........ known municipally as ,..Orono............,..,...., in the .....,. .L'..,Co.rpor~tjon... ....,i/.....oJ.", ,.:tt1~,.........TOW'J.. ..'... ......., '......... of ...,., ,..~e.\tl<:~ stle. ,'...." ,..,...',... ,. ......,. and having a frontage of .,....., ~~.~8....,..,.... more or less by a depth of ,....,.108.99.............. more or less and described as ,,' ,."""". Two,.,~ t,ore.y,., ~ r i, ,C*.. , F..i r.e." H<3 ,lJ", ,B.IJ. ~,~ 9. ,i.n.g.. ,'II tt~,.. .on. e.,. , ,sJore.y.. <:Cln<:, re.t.e., ,b JCl,C: ~,..<3 cjq it. .iClfl",.,.""".... '" ", ............................................................................................................ .................. .. ...................................... .......-......................................................... ...........,....... ..........,.....,....,........ at the PURCHASE PRICE of THIRTEEN THOUSk~D---------------------------------~--___. 13,000.00 ,'..'....".... .......... ..,...' ...... .........,...,'.., ,'.., .. .."..'....."" ...,.,.." ....'........,.. ..'.., .....,..,..", '... ...,.. ....",...., Canad.an Dollars (SCan. " .... '..', '......,.',. ,.""",..) on the fol/owing terms: I. Purchaser submits with this offer. ' Five..~u~c.1r.ed.,~::':~,~-:-:,~::--:-:':':::-,-:-:,-::~,~::::~~,-::~::-,-:-::::::-::~,':':~, Dollars ($500.00,....,....) cash/cheque payable to Vendor's Agent as a deposit 10 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 balance of purchase price on closing subject to usual adjustments. Vendor hereby certifies that the said building does not contain any urea formaldehyde insulation. . . 3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price except those listed hereunder: ,....N/A,.. ................,.. ......................................... ................................ and that the following chattels are included in the purchase price: '.... ,...., '.. """.,..',."".",.""""."""""",.""""."'.,'.."",".""."""""""."""",."",.",."..N/A."",.. ............................................................................ 4. Purchaser agrees that this Offer shall be irrevocable by him untill1:S9 p.m. on the ..27"..., day of ..,JlJ.lY......,..,........,.. '. 19 JilL.." after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction. S. This Agreement shall be completed on the ,'....J,?th..L, day of..,..AtlgUEl.1:L......,.........., .....'. 19..~4..,. Upon completion. vacant possession of the property shall be given to Purchaser unless otherwise provided as follows: ..................................................................................................................................................................................................................................... 6. Purchaser shall be allowed the ..,.14.............. days next following the date of acceptance of this Offer to: examine the title to the property at his own expense, to satisfy himself that there are no outstanding work orders affecting the property. that its present use (...,..,........" ......................................................,.................................................................................................................................... .......................................... may be lawfully continued, and that the principal building may be insured against risk of fire. 7. 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 slipulateJ hereunder. :: :::::::~9~:i: rig:::~:::~: ::~omrri~:r.~: ~ ~.i::: :::,:::: '::::::: :::::::: :::: :::, ,.':: ,: ::::::,::'" ,,:,: ,::: ::",: ::::::::,::':::::::::: ::::: ::: ::::: ::::: :::: :::::::::::::::::::::::::::::: :::::::::,::: ::::: ::: ................................................................................................... .................. .................. .......................................... .......................................,........ s. Purcbaser acknowledges bayinglnspeded the property prior to submitting this Offer and undentllDds tbat upon Vendor accepdog thll Offer tbere sban be a b1ndiog agreement of purcbase and sale bet weeD Purchaser aDd Vendor. . ... .. page 4 of 4 . . 9, Provided Ihat the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenanls thai run wilh Ihe land providing thai such are complied with and except for any minor easemenls 10 public utilities required for the supply of domestic utilily services to the property, II' within the time allowed for examining the title any valid objection to tille, or to any outstanding work order, or 10 the fact the said present use may not lawfully be continued, or thai the principal building may not be insured against risk of fire is made in wriling to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, Ihis Agreemenl, notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies Iheretofore paid shall be returned without interest or deduction and Vendor and Vendor's Agent shall nol be liable for any costs or damages, Save as to any valid objection so made by ,uch day and eltcept for any objeclion going to the root of the tille, Purchaser shall be conclusively deemed 10 have accepted Vendor's tille 10 Ihe property. 10. Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of title to the property except such as are in the possession or conlrol of Vendor, Vendor agrees that, if requested by the purchaser, he will deliver any sketch or survey of the properly in his possessioll or within his conlrolto Purchaser as soon as possible and prior to the last day allowed for examining title. II, All buildings on the property and all olher things being pun:hased shall be and remain until completion al Ihe risk of Vendor, Pending completioll, Vendor shall hold all insuran~'e policies, if any, and the proceeds thereof in trust for the parcies as their interests may appear and in Ihe event of substantial damage, Purchaser may either terminate this Agreement and have all monies theretofore paid returned without interest or deduction or else lake the proceeds of any insurance and complete the purchase, 12. Provided that lhis Agreement shall be eff~tive 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 crediled lowards lhe Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Minister of National Revenue in order 10 satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Talt Act by reason of Ihis sale, Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or his slatulory declaration thaI he is not then a non-resident of Canada, 14. Fire insurance shall be assigned 10 the Purchaser on closing subject to the consent of the insurer having been obtained to such assignment, and the vendor shall suprly to the purchaser al I~ast five (5) days before the completion date details of any such policy to be so assigned. IS, Unearned fire insurance premiums of any policy to be assigned pursuant to paragraph 14 herein, rents, mortgage interest, taxes, local improvemenls, waler a{ld assessment rate~ and lhe cost of fuel shall be apportioned and allowed to the dale of completion (the day itself to be aprorlioned to Purchaser). 16, The deed or Iransfer shall, save for the land Transfer Talt Affidavit, whkh shall be prepared and completed by the Purchaser, be prepared in rel!islrable form at the eltpense of Vendor and the Mortgage al the expense of Purchaser. 17, Time shall in all resp~ts be of the eSSl'nce hereof provided Ihat the lime for doing or completing of any mailer provided for herein may be eXlended or abridged by an agreemenl in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby eltpressly appointed in this regard. 18. Any tender of documellls or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of Ihis Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank, trust company or Province of Ontario Savings Office, 19. This Agreement shall constitute fhe elllire agreement between Purchaser and Vendor and there is no representation. warranty, collateral agrecmelll or condilion affecting this Agreement or the property or supported hereby olher than as expressed herein in writing, This Agreemelll shall be read with all changes of gender or number required by the contelt!. . DATED ......&.t'jJ..h.4T........&?h.j^..............;,....~!.{....d" or............"j.u./y...............................,..S'7... SIGNED, SEALED AND DELIVERED IN WITNESS whereof I have hereunto set my ~d and seal: in the presence of: "_~. ...... .~.~.~...................... ........... .....~....................~........~ateq~.k ~I ~ ...L.&aAc........ ............................ .......::~=:........,.......:~1~7 . The undersigned accepts the above Offer and agrees with the Agent abJ,ve named in consideration for his services in procuring the said Offer, to pay him on the date above fixed for completion, a commission of ..~...~......... 'l. of an amount equal to the above mentioned sale price, which commission may be deducted from the deposit. I hereby irrevocably instruct my Solicitor to pay direct to the said Agent any unpaid balance of commission from the proceeds of the sale. DATED ......iJ.~:f...a...........................;,~~~~~;;nNr.iii..~..iiTIiiwCASrlE.......,.'i.'f.. SIGNED, SEALED AND DELIVERED ~N WITN~~~ w ret\-~ have hereunto set my hand and seal: in the presence of: ................................................................ ..... ........ ...... ... ..iV;~dor....... ................ Dat ..,.....,....................................................... .....~.:'... .. ..................... Date (Vendor) The Undersigned Spouse of Ihe Vendor hereby consents to Ihe disposition evidenced herein pursuant to the provisions of The Family Law Reform Act, 1978, S.O. 1978, c.2, as the same may be amended from time to lime. In consideration of the sum of One Dollar (SI ,(0), the receipt of which from the Purchaser is hereby acknowledged, the undersigned spouse of the Vendor hereby agrees with the Purchaser thai he I she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. ..~ .W/i.r( Wilness s~~~~; ,.... ,.,.. ...", ...", ,... .... ,... ...... ...........,...... Date,... ... ,..,...." .'.. ,. ,.,..... ACKNOWLEDGEMENT 1 acknowledge r~eipl of my signed copy of this accepted Agreement of Purchase and Sale, and dir~1 Ihe alienI to !'or.-ard a COP)' to my solicitor, I acknowledge receipt of my signed copy of Ihis accepted Agreemenl of Purchase and Sale, and direct the agent 10 forward a copy to my solicilor, ...."""",.."""..,..,.....,..,..",...",..,...""",.Oare,..."..,..,..'"....",'.."...." (Vendor! """""".."",.......",.."......",."."",..""""DaIe"",..""""""""""..,...., ( Vendor! "",."",.."...,.."..,.............."..."......,......,Oate".,..""'..,..,..""",,..,..,.. ( Purchaser) Address: ,.. k!.'!'!~.",., .\'!.:.."",., ,W, ,1?+.1.-l:13. ,1..", ,..,.".." Telephone No. ......~..~..~,-:-:...7. J,.. 9., f...........".... ...... ....... Vendor's Solicitor ....~,~,~,J'.......~.~,P.7..".......,............, """"".....,.."",.."""",....."..,..",..."""",OaIe"""",..".."""""",.."", (Purchaser! Address: '" ,., ~,~.~...,.f'.L. '. ...9f:.~,~:? '" ,.. ,. ..., ......... Telephone No. .... -'-. ,8.~, ,:-:-::?:.~,'?.],...,..",...... ....., ..... ...., '.. Purchaser's Solicitor ...~,:.,J.~~",..~,t.~.ff..."......."....