HomeMy WebLinkAbout95-45 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-45
Being a By-law to authorize the entering into
of an Offer to Sell Agreement between Jim
Scott, in Trust, and The Corporation of The
Municipality of Clarington
NOW THEREFORE, the Council of The Corporation of the Municipality
of Clarington hereby enacts as follows:
1. THAT the Mayor and Clerk be authorized to execute on behalf of
The Corporation of The Municipality of Clarington and seal
with the Corporate Seal, an Offer to Sell between Jim Scott,
in Trust, and The Corporation of The Municipality of
Clarington in the form attached hereto as Schedule "A" .
BY-LAW read a first and second time this 10th day of April, 1995.
BY-LAW read a third time and finally passed this
10th day of April, 1995.
MAYOR
CLERK
OFFER TO SELL
I/We, the undersigned Jim Scott in trust
as the Vendor hereby agree to and with THE CORPORATION OF THE WNICIPALITY OF
CLARINGTON, a Purchaser, to sell all that portion of Part lot 20, Concession 6
as shown on the attached two sketchs
in the Municipality of Clarington, Regional Municipality of Durham, containing
approximately 43,560 square feet , (as shown on plan hereto annexed) at the
price of _ Five Thousand ($5,000.00.).. Dollars
payable on closing, which sum indicates 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 .
ADDITIONALLY, the Purchaser agrees with the Vendor(s) to the following terms and
conditions:
1 . The purchase price has been determined on the basis of $ 5,000.00 per
acre of I.and area. On or before c I os i ng the Purchaser sha I I de I i ver to the
Vendor a certificate of an Ontario Land Surveyor certifying the (arid area
being purchased and an appropriate adjustment to the purchase price shall
be made based upon such certification.
2. The Purchaser shalt 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 cIosin 9 the Purchaser shall reimburse the Vendor for its 4
reasonable legal , administrative and appraisal costs fixed at $ JW 5 oO,oa7
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 a the cost of the
Purchaser .
5. This transaction is to be completed on or before 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 .
6. 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 (905) 623-4169 and (905) 725-7162 and to
the Vendor at (905) 571-2002
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.
THIS OFFER TO BE ACCEPTED BY THE Purchaser within sixty (60) days of the date
herein, otherwise this offer become null and void. This Offer , when accepted,
sha I I constitute a binding contract of purchase and sale and time in al l 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,
boulevard, road or other municipal improvements.
This offer may be accepted by a letter del ivered to the Vendor or mai led, postage
prepaid, addressed to the Vendor at : 1050 Simcoe Street North
Oshawa, Ontario
L1G 4W5
DATED this /d day of ��� 1995
CP ) seal
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THE CORPORATION OF THE
ML)NICIPALITY OF CLAR1
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