HomeMy WebLinkAbout95-126 i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-126
Being a By-law to authorize the execution of an
Agreement of Purchase and Sale between the
Corporation of the Municipality of Clarington and
Bette Mae Crocker and Norman Kenneth Crocker.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1 . THAT the Mayor and Clerk are hereby authorized to execute
on behalf of the Corporation of the Municipality of
Clarington, and seal with the Corporate Seal, an Agreement of
Purchase and Sale with Bette Mae Crocker and Norman Kenneth
Crocker.
2 . THAT the Agreement of Purchase and Sale attached hereto as
Schedule "A" form part of this By-law.
By-law read a first and second time this 11th day of September,
1995 .
By-law read a third time and finally passed this 11th day of
September, 1995 .
Acting M or
C rk
s
OFFER TO SELL
d
We, the undersigned NORMAN KENNETH CROCKER and BETTE MAE CROCKER,
as Vendors, hereby agree to and with THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON, as Purchaser, to sell the property
municipally known as 61 West Beach Road, Bowmanville (the
"Property" ) at the price of EIGHTY EIGHT THOUSAND DOLLARS
($88,000.00) payable on closing. The Purchaser shall also pay the
Vendors ' reasonable legal fees and disbursements.
ADDITIONALLY, the Purchaser agrees with the Vendors to the
following terms and conditions:
1 . This transaction is to be completed on October 2, 1995 on
which date vacant possession of the Property is to be given to
the Purchaser;
2 . 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;
3 . The Purchase price includes all fixtures presently located
upon the Property except for the wood-burning stove, and the
detached 8 ' X 12 ' shed/office;
4 . The Vendors represent and warrant to the Purchaser that during
the time the Vendors have owned the Property, the Vendors have
not caused any building on the Property to be insulated with
insulation containing ureaformaldehyde, and that to the best
of the Vendors ' knowledge no building on the Property contains
or has ever contained insulation that contains
ureaformaldehyde. This warranty shall survive and not merge
on the completion of this transaction;
5. The Vendors shall discharge all encumbrances registered
against title to the Property at their own expense on or
before closing;
6. The Vendors acknowledge receipt of a copy of the appraisal
report respecting the Property prepared by Property
Valuators/Consulting Inc. dated July 26, 1995.
PROVIDED the title is good and free from all encumbrances except
for:
(a) any registered restrictions or covenants that run with
the land, provided that such are complied with;
(b) any registered agreements with a municipality or a
supplier of utility service including, without
limitation, electricity, water, sewage, gas, telephone or
cable television or other telecommunication service,
providing such have been complied with or security has
been posted to ensure compliance and completion as
evidenced by letter from the relevant municipality or
utility supplier; and
(c) any minor easements for the supply of utility service to
the Property or to adjacent properties;
(d) the encroachment by the neighbour to the east, by reason
of the location of the fence on the easterly side of the
Vendors ' Property;
(e) the minor encroachment, if any, of the Vendors' well onto
the property of the neighbour to the east.
The Purchaser agrees to pay for the reasonable cost of preparation
of a reference plan showing the location of the property, and the
building(s) thereon, occupied by the Vendors.
The Vendors make no representations whatsoever as to the condition
of the septic system, or as to the condition or the potability of
the water of the well.
The Purchaser is to be allowed until September 20, 1995 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 Vendors 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.
THIS OFFER TO BE ACCEPTED BY THE Purchaser by September 20, 1995,
otherwise this offer shall become null and void. 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.
'PHIS OFFER may be accepted by a letter delivered to the Vendor or
mailed, postage prepared, addressed to the Vendors at:
61 West Beach Road
Bowmanville, Ontario.
DATED this day of September, 1995.
RMA E KER
)
)
B TE MAE CROCKER
THE CORPORATION OF THE
MUNICIPALITY OF CL INGTON
By:
Ac yor-
And By:
Cle -
StINT BY-Shibley RIOTon 9-27-93 ; 3:29PM ;Shlbloy Riahlon (17)— 905 623 9282;# =1/ b
UNDERTAKING ADJD CERTIFI .A'IT
TO: Norman Kenneth Crocker and Bette Mae Crocker
ICE: The Corporation of the Municipality of Clalnington (the "Municipality")
Purchase from Norman Kenneth Crocker and Bette Mae Crocker -
Part of Lot 7 and $, Plan 150, Geographic Township of Darlington,
Municipality of Clarington, Regional Municipality of Durham,
described as Parts 1 and 2 on Plan 40R- (the "Property")
IN CONSIDERATION OF the completion of the above-referenced transactions
the Municipality undertakes and agrees to pay all of the reasonable legal fees and
disbursements involved in or with the transaction.
The undersigned certify that the Municipality is registered under Subdivision
d of Division V of Part IX of the Emi5r,TM Act (Canada) for the collection and remittance
of goods and services tax as registration number R1069798000 and such registration is in
good standing and has not been revoked.
DATED at Clalnington this �` day of September, 1995.
Diane HaTt Mayor
Patti arrie, unticf at Clerk