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HomeMy WebLinkAbout96-35 t e n THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96-35 being a by-law to authorize the entering into of an Offer to Sell Agreement between Bonita Dewey 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 Bonita Dewey, for property located at 69 West Beach Road, Bowmanville, and the Municipality of Clarington, in the form attached hereto as Schedule "A" . By-law read a first and second time this 29th day of January 1996 By-law read a third time and finally passed this 29th day of January 1995 MAYOR CLERK T OFFER TO SELL I, the undersigned BONITA DEWEY as Vendor hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,as Purchaser,to sell the property municipally known as 69 West Beach Road, Bowmanville and legally described as Lot 2, Plan 150, in the Municipality of Clarington, Regional Municipality of Durham, (the "Property") at the price of NINETY THOUSAND ($90,000.00) DOLLARS payable on closing. ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and conditions: 1. This transaction is to be completed on February 7, 1996 and on which date vacant possession of the Property is to be given to the Purchaser. The Purchaser at its option may upon at least five (5) days written notice advance the closing of this transaction to a date specified in such written notice which date shall be a date upon which the Land Registry Office at Whitby is open. 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 and the furnace. 4. The Vendor warrants that the building(s)on the Property has not been insulated with urea formaldehyde foam which warranty shall survive closing. 5. The Vendor 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 Vendor's 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 Vendor 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 Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on closing. 6. The Vendor acknowledges receipt of a copy of the appraisal report respecting the Property prepared by Property Valuators/Consulting Inc.. 7. The Purchaser shall reimburse the Vendor for all reasonable legal costs incurred by the Vendor in the conveyance of the Property to the Purchaser. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed until closing 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 - 2 - 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 fifteen(15) 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 Vendor at: 790 Logan Avenue Toronto, Ontario. WK 3C9 DATED this day of January, 1996. Bonita Dewey THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Mayor - 'an Hamre i And !C!le5 O- A7atti rrie r 24 d&A ngt ob Moff !, OFFER TO SELL I, the undersigned BONITA DEWEY as Vendor hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,as Purchaser,to sell the property municipally known as 69 West Beach Road, Bowmanville and legally described as Lot 2, Plan 150, in the Municipality of Clarington, Regional Municipality of Durham, (the "Property") at the price of NINETY THOUSAND ($90,000.00) DOLLARS payable on closing. ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and conditions: 1. This transaction is to be completed on February 7, 1996 and on which date vacant possession of the Property is to be given to the Purchaser. The Purchaser at its option may upon at least five (5) days written notice advance the closing of this transaction to a date specified in such written notice which date shall be a date upon which the Land Registry Office at Whitby is open. 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 and the furnace. 4. The Vendor warrants that the building(s)on the Property has not been insulated with urea formaldehyde foam which warranty shall survive closing. 5. The Vendor 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 Vendor's 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 Vendor 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 Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on closing. 6. The Vendor acknowledges receipt of a copy of the appraisal report respecting the Property prepared by Property Valuators/Consulting Inc.. 7. The Purchaser shall reimburse the Vendor for all reasonable legal costs incurred by the Vendor in the conveyance of the Property to the Purchaser. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed until closing 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 - 2 - 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 fifteen(15) 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 Vendor at: 790 Logan Avenue Toronto, Ontario. M4K 3C9 DATED this -QJ(o day of January, 1996. U � ) Bonita Dewey THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Mayor Wattii amre 7 And By: er g:\U 0\ckringt\• \&-wey.WAff r OFFER TO SELL I, the undersigned BONITA DEWEY as Vendor hereby agree to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,as Purchaser,to sell the property municipally known as 69 West Beach Road, Bowmanville and legally described as Lot 2, Plan 150, in the Municipality of Clarington, Regional Municipality of Durham, (the "Property") at the price of NINETY THOUSAND ($90,000.00) DOLLARS payable on closing. ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and conditions: 1. This transaction is to be completed on February 7, 1996 and on which date vacant possession of the Property is to be given to the Purchaser. The Purchaser at its option may upon at least five (5) days written notice advance the closing of this transaction to a date specified in such written notice which date shall be a date upon which the Land Registry Office at Whitby is open. 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 and the furnace. 4. The Vendor warrants that the building(s)on the Property has not been insulated with urea formaldehyde foam which warranty shall survive closing. 5. The Vendor 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 Vendor's 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 Vendor 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 Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on closing. 6. The Vendor acknowledges receipt of a copy of the appraisal report respecting the Property prepared by Property Valuators/Consulting Inc.. 7. The Purchaser shall reimburse the Vendor for all reasonable legal costs incurred by the Vendor in the conveyance of the Property to the Purchaser. PROVIDED the title is good and free from all encumbrances. The Purchaser is to be allowed until closing 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 , 2 - 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 fifteen (15) 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 Vendor at: 790 Logan Avenue Toronto, Ontario. M4K 3C9 DATED this c�k� day of January, 1996. 06; ( 0C G' ) Bonita Dewey THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Mayor - D flanire And By: er atti B 'e g:\240\ \.eW«\ .off