HomeMy WebLinkAbout83-42
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83- 42
being a by-law to authorize the execution
of an Agreement of Purchase and Sale with
Mr. Ron Baker
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 with Mr.
Ron Baker and the said Corporation, which is attached hereto as
Schedule IIXII.
By-law read a first and second time this 14th day of March 1983.
By-law read a third and final time this 14th day of March 1983.
Seal
~R~
Cle~~
I File NO.m_L{g.~7o_J~~_.m I
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SCHEDULE IIXII TO BY-LAW 83- 42
.I'
ONTARIO REAL ESTATE ASSOCIATION
AGREEMENT OF PURCHASE AND SALE
J>lJRC HASF.R.
VENDOR.
;\"iENr,
"KOPt:RTY: fwnllll,: l'lI Ih.' West
In the Town of Newcastl e
"n" h,Ivin, a froluaac of 140 feet
Ron Baker, 480 Arnhem Drive, Oshawa
The Corporation of the Town of Newcastle
,jde: of
Sol i na Road
. offc,", III buy (1"01
, Ihlouah VcnJ"I',
. the (oil,," lilt:
OIore 01 1.:" ,,)' " "\'1'1 h III
1..111)" II IIIUIII,ip,oIl)' as
o(
249 feet
Part 2
lllore Ilr k\\ :UII.I Jcs.rihc" ;L,
Part 2, on Plan lOR - 1522. Lot 25.
Concession 5, former Township of Darlington
al the PU J{ ell :\SF. P J{ Il I: of
'1Illhe follo\o\in, lerm,:
I. l'ur~ha)C: ,ubmih wilh Ihis uffer
Can;Idian Dollilfs (SC.lII 24,500
el"hl.:he:QII': paYllble 10 VCllllor\ A,:cnl as II dcposil 10 be hdJ ,,) lum in lru,1 pcnJinG LOlllpkllUII Ill' lIlhcl Inmin;lIitlll .,f Ihi, :\!;rCclll"1I1
anJ 10 be: .:redilcd to\o\ard, Ihe l'uI.:haac Prio;.: UII L"mp.elion,
2, '\lrdtalel .,Nel I"
Dollars (~ 500.00
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1. Pay the balance owing, $24,000.00 on closing, October 1 1983.
2. Apply for and receive approval of all necessary permits required
for building.
3. This offer is conditional on the purchaser being satisfied that the
title to Part 2, Plan lOR - 1522 is free and clear of all encumbrances.
4. The vendor agrees to pay all RegiQnal lot development charges and to
bear all legal and survey costs.
\, PIlI,h.I....-1 and VenJur a~I.:e: Ih..1 "II C '1,1111, II\(,un arc ihdudcd III Ih.. plI,dl.hC 1" ill' C \.cpl 11""c lislcu hCICUII"U:
,Ind III,al I/le fllll.,"illg ..:h.lllcl- ;aIC ill,ludcJ ill Ilc pllrdl."c priLc:
~ 1'11I. h......' 1 .I!,I.., Ih,lIllli, (lfln ,h..I' h. ill.""....hl.: h\ hUll IIl1lil II'~') pilL Oil th..: 15th 01 March 1983
..lIcl "hidl lillie, II ""I "''''1'11,1, Ihi, ,,)lIeI' ,h.oIl he lIull .IIHI VI.id and IrH: .1.: ['\"il ,h.dl h,' 1\'(1I1f,,'1I I.) I'll rdl ,"1'1 "ilthHII
1111"1 c,1 .1I J".lu.li,,",
, I h" Aj:r......".:rll ,h,llll~ ..:umpklnl "II Ihe . 1 st ..1.,)' IIf October
1'0\\"".o,n of Ihl' rmpel I)' sh..1I t-.: ,:i\'cn tll lIun:h.J'cr UIlIo:" olh':I\' j,c PI'" ilk.1 01\ full.)\\,,:
. I ~ 83 , I Jp<lfl ':tunflkti'ln. \ aC;H1l
h I'\lrdl,he, ,11..11 b.: allo"ed lI*x:<xxxxxxx~k~~w)tx.)(~lUUtJlQlKo)tUIt1WUll<<1Ot ellamine Ihe IItle: IlIlhe pro!'(rt,\'
al hiS u\o\'n ':\PCIl'ol:, 10 ~alis()'hill\,c:ll Ih,Illhcre art.: no oUlslandil1j: worl orden. arfe:':lina: Ihe pluperty, Ihal i., prescllt U~ f
II\;I~ I>C' I.." lull) ".lIl1/IU...., "lid ,I.... Ihe 1'1I1\..:\l'il\ bUI.Jina: mol) be: insure" "i:i1insl ri~'" of lire,
7 \'enJ". an.II'Uldl_I\el a~rc.: Ihal Ihtrc" nl) tondilion. UJlIC'S or implied, n:Jlrc~enlalion IIr v,ananly of all)' lin" Ih.t II..: (ulure inlen.Je..
UlOC ll( the pr....pUI) 1>)' Pur.:h~1 1'- III ""all be I..(u. u.;cpt .. may be :.pc..:ifiull)' 'lipu.i&lcJ hCIC:undcr.
8.
Purchaser acknowledges having insp~~ted t~e property prior to submitting this Offer and
understands that upon Vendor acceptlng thlS Offer there shall be a binding agreement
of Purchaser and Vendor.
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'II
ONTARIO REAL ESTATE ASSOCIATION DY.law
AGREEMENT OF PURCHASE AND SALE
No.____
.U:fLJ
PURCHASER. ..Ronald Baker~.480ArnhemDrive,.qOshawa, .ontario
VENDOR, . The . .Corporation. .of. .the.. Town.. of .. Newcastle..
AGENT, .' .N/A
PROPERTY: fronting on the .Wes.t.. side of. ...5o.lina..Roadq
in the. ...q. qIownoLNewca.s.tle..
and having a frontage of.q.140Feet...q
, offers to buy from
, , through Vendor's
~ q, the following
more or less by a depth of
... known municipaJly as . . Part 2
. . of
.q.249 feet
more or less and described as
..... .................... .......... ......
P~rt ~,onPh.n. lOR~l5Z2.,.lot.25,..C.once.ss.to.n.S,.
. . formerTown$h.ipof.Darlio9toO.
Jweoty~.F ovr.. Thou.sand .. and. fj ve. . Hundre.d ....
on the following terms:
I. Purchaser submits with this offer .ftve.Hundred.
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. .q at the PURCHASE PRICE of
Canadian Dollars ($Can. 24,.500, 00
)
. Dollars ($ ..500,00
)
cash/cheque payable to Vendor's Agent 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
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1. Pay the balance of $24,000.00 on closing, October 1, 1983.
2. Apply for and receive approval of all or the necessary permits required- for building.
3. This offer is conditional on the purchaser being satisfied that the title to. Part 2,
Plan 10R-1522 is free and clear of all encumbrances. '
e
4.
The vendor agrees to pay all Town of Newcastle and regional municipality of Durham
Lot Development Charges and to bear all legal and survey costs.
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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:~L
4. Purc.bw;er agrees that this Offer shall be irrevocable by him until 11:59 p,m. on tg~~y of ....March ,
19 ~~ ,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,
5. This Agreement shall be completed on theq.lst..q day of ..q .q..Dctober ...... ..., 1983 . Upon completion, vacant
possession of the property shall be given to Purchaser unless otherwise provided as follows:
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6. Purchaser shall be allowed to: exami ne 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 tlte future intended
use of the property by Purchaser is or will be lawful except as may be specifically stipulated hereunder.
8. Purchaser acknowledges baving inspected the property prior to submitting tbis Offer and understands tbat upon Vendor accepting this
Offer there IbaIJ be a bindioa aareemeot of purchase and sale between Purchaser and Vendor.
9. Provided that the title to the property is good and free from all encumbrances ex.cept as aforesaid and ex.cept for any registered restnc-.
tions or covenants that run with the land providing that such are complied with and except for any minor easement~ to public utilities
required for the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection
to title, or to any outstanding work order, or to the fact the said present use may not lawfully be continued, or that the principal building
may not be insured against risk of fire is made in writing to Vendor and 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 ~uch objections,
shall be at an end and all manies theretofore paid shall be returned withaut interest ar deduction and Vendor and Vendar's Agent shall not
be liable for any costs or damages. Save as to any valid abjection sO made by such day and except far any objection going to. the root af
the title, Purchaser shall be conclusively deemed to have accepted Vendar's title to. the property.
10. Purchaser shall not call for the production of any title deed, abstract, survey ar 'other evidence af title to. the praperty except such as are
in the possession or control af Vendor. Vendor agrees that he will deliver, if it is possible, any sketch ar survey af the property to Purchaser
as soon as possible and prior to the last day allowed far examining title.
II. All buildings on the property and all other things being purchased shall be and remain until campletian at the risk of Vendar. Pending
completion, Vendor shall hold all insurance 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 may either terminate this Agreement and have all monies theretofore paid returned
without interest or deduction or else take the proceeds af any insurance and complete the purchase. '. '
12. Provided that this Agreement shall be effective to create an interest in the praperty only if the subdivision cantrol pravisions of The
Planning Act are complied with by Vendar an ar befare campletian and Vendor'hereby cavenants to. proceed diligently at his expense
to obtain any necessary cansent an ar befare completian.
13. Purchaser hereby warrants that he is not a non-resident of Canada pursuant to The Land Transfer Tax Act
14, Vendar covenants and agrees that he will on or before closing provide to Purchaser either the certificate af the Minister af Revenue af
Ontario. that no lien is claimed under The Land Speculation Tax Act, 1974, ar an affidavit in prescribed form thaLthis transactian is
exempt from said tax pursuant to the Act, and if Vendor is a corporation ar partnership that it wilt provide a further affidavit that there
has been no disposition within the meaning of the Act.
15. 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 Natianal Revenue in order to. satisfy Purchaser's liability in respect af tax payable by Vendor under the non-residency
pravisians of the Incame Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers an campletian the
prescribed certificate or his statutory declaratian that he is nat then a non-resident of Canada.
16. Vendor shall supply to Purchaser at least five (5) days befare the completion date, details of any fire insurance to. be assigned an clasing,
17. Unearned fire insurance premiums, rents, mortgage interest, taxes, local improvement, water and assessment rates and the cast af fuel shall
be apportianed and allawed to. the day af completion (the day itself to. be appartianed to. Purchaser).
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18. The deed ar transfer shall, save far the Land Transfer Tax Affidavits, be prepared in registrable farm at the expense of Vendo.r and the
Mortgage at the expense af Purchaser.
19. Time shall in all respects be af the essence hereaf provided that the time for daing ar campleting af any matter pravided for herein may be
extended ar abridged by an agreement in writing signed by Vendor and Purchaser o.r by their respective solicitors who are hereby expressly
appointed in this regard.
20. Any tender o.f documents ar maney hereunder may be made UPo.n Vendor ar Purchaser ar their respective solicitars on the day far com-_
pletion af this Agreement. Maney may be tendered by bank draft or cheque certified by a chartered bank, trust campany ar Province o~
Ontario Savings Office.
21. This Agreement shall constitute the entire agreement between Purchaser and Vendar and there is no. respresentatian, warranty, callateral
agreement ar canditian affecting this Agreement o.r the property ar supparted hereby ather than as expressed herein in writing. This
Agreement shall be read with all changes of gender ar number required by the context.
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DATED at q HH.U'~'~~H"H' 'HH. this.lJ/!:. day af .... H~r~.h.
'H 19 ....83...,
SIGNED. SEALED AND DELIVERED
in the presence of:
.........H.......fu..~...
IN WITNESS whereof I have hereunto. set my hand and seal:
.~d./..~............................D.1e ....Mar.ctuI.19.83. .
(Purchaser)
..H..H...........Date ..MarCh19.8..
DATED at ...Th~...TQwnHo.L.Newc.as.tle.
..... this..ll/t.. day of ,..H" HJ1~.r~tL
19...8.3....
SIGNED, SEALED AND DELIVERED
in the presence of:
IN WITNESS whereof I have hereunto. set my hand and seal:
./,<<, ~
.... ...~~~~~ Dole Ma.rchlU983... .
Ck-~;;Z~1~~ .o.IeMarc~II1'8~.. .
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agree-
ment of Purchase and Sale, and direct the agent to forward a copy
to my solicitor.
I acknowledge receipt of my signed copy of this accepted Agree-
ment of Purchase and Sale, and direct the agent to forward a copy
to my solicitor.
(Vendoc)
........, Date ,..Mar.ch.,....1983
.................... ...............
(Purchaser)
......... Date Mar.cn...l9S3
H......................... Date ...Ma.r.c.h.....1983
....... Date Mar.ch..198.3
(Purchaser)
Address: .480.. . Ar.ohern. . .Dd v.e...., .o.s ha.wa,... .ont,ar l.O.....,.
(Vendor)
Address: .. .4.Q ..T~mp.~.r.anc.e.. ..St r.ee. t...... 6.owmanv.i lle..,..
Telephone No. ......Q.~.3:~:3.3.7.9............
Telephane Na....]23~.572,8......
Vendor's Solkitor ...$.im~..", ..B.r~.~Y...&...M~Jn..~rney,..
Whitby, Ontario.
668-7704
Purchaser's Solicitor ...............
1","'" N,>, lOt