HomeMy WebLinkAbout95-53 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-53
being a by-law to authorize the entering
into of an Offer to Sell Agreement between
Rosita Maria Hogg and John David Hogg and
the Corporation of the Municipality of
Clarington
NOW THEREFORE BE IT RESOLVED THAT 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 Rosita Maria
Hogg and John David Hogg 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 24th day of April 1995
By-law read a third time and finally passed this 24th day of
April 1995
MAYOR
CLERK
i
,o
OFFER TO SELL
We, the undersigned ROSITA MARIA HOGG and JOHN DAVID HOGG, as Vendors
hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON, as Purchaser, to sell the property municipally known as 57 West Beach
Road, Bowmanville and legally described as Lot 12 and Part of Lot 13, Plan 150, in the
Municipality of Clarington, Regional Municipality of Durham (the "Property") at the price
of EIGHTY SIX THOUSAND ($86,000.00) DOLLARS payable on closing.
ADDITIONALLY, the Purchaser agrees with the Vendor(s) to the following terms and
conditions:
1. This transaction is to be completed on May 1, 1995 and 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 hot water tank if rental.
VJ The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the pnryurty,the Vendor has not caused any building on the property to be insulated with
insulation containing ureafnrmaldchyde,and that to the best of the Vendor's knowledge no building on the property contains or has ever contained insulation that contains
4• ureoformaldchyde.This warranty shall survive and not merge on the completion of this transaction,and if the building is part of a multiple unit building,this warranty shall only apply to
that part of the building which is the subject of this transaction.
5. The Vendors shall discharge all encumbrances registered against title to the Property
at their own expense on or before closing. If a discharge of any mortgage or charge
held by a Corporation incorporated pursuant to the Loan Companies Act (Canada),
chartered bank, trust company, credit union or insurance company is not available
in registerable form on closing,the Purchaser agrees to accept the Vendors'solicitors
personal undertaking to obtain, out of the closing funds, a discharge or cessation of
charge in registerable form and to register same on title within a reasonable period
of time after closing, provided that on or before closing the Vendors shall provide
to the Purchaser a mortgage statement prepared by the mortgagee setting out the
balance required to obtain the discharge, together with a direction executed by the
Vendors directing payment to the mortgagee, of the amount required to obtain the
discharge out of the balance due on closing.
6. The Vendors acknowledge receipt of a copy of the appraisal report respecting the
Property prepared by Property Valuators/Consulting Inc..
7. Ile Purchaser shall reimburse the Vendors for all reasonable legal costs incurred by
the Vendors in the conveyance of the Property to the Purchaser.
exct for
PROVIDED the title is good and free from all encumbrances/ The Pu chaser 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.
(a) any registered restrictions or covenants that run with the land, provided that such are complied with y
(b) any registered agreements with a municipality or a supplier of utility service Including,withma limitation,electricity,water,selvage,gas,telephone or cable television or other
telecommunication service,providing such have been compiled 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.
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THIS OFFER TO BE ACCEPTED BY THE Purchaser within sixty (60) days of the date
herein, 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.
THIS OFFER may be accepted by a letter delivered to the Vendor or mailed, postage
prepaid, addressed to the Vendors at:
Box 792,
117 Halls Road,
Whitby, Ontario,
L1N 5R4
DATED this off. r day of April, 1995.
Rbtita Maria Ho
J n David Hogg
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
ayor;, * e Hamre
And By.
Jerk atti B ie