HomeMy WebLinkAbout96-38 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 96-38
being a by-law to authorize the entering into
of an Offer to Sell Agreement between Olive Lunney
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 Olive
Lunney, for property located at 48 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 5th day of
February 1996
By-law read a third time and finally passed this 5th day of
February 1995
MAYOR
LIZ CLERK
OFFER TO SELL
I, the undersigned BOREA H. ROGERSON, as Vendor hereby agree to and with THE
CORPORATION OF THE MUNICIPALITY OF CLARINGTON,as Purchaser,to sell the
property municipally known as 48 West Beach Road, Bowmanville and legally described as
Part of Lot 21, Plan 150, in the Municipality of Clarington, Regional Municipality of
Durham, designated as (the "Property") at the price of THIRTY-SEVEN THOUSAND
FIVE HUNDRED ($37,500.00) 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 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 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.
4. The Vendor acknowledges receipt of a copy of the appraisal report respecting the
Property prepared by Property Valuators/Consulting Inc..
5. 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 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 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
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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:
R.R. # 3,
Millbrook, Ontario. LOA 1GO
DATED this -41 day of January, 1996.
Borea H. Rogerson
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
:Mayor - ' n Hamre And lerk tti Ba e