HomeMy WebLinkAbout97-26 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97- 26
Being a By-law to authorize the execution of
an Agreement of Purchase and Sale between the
Municipality of Clarington and James and Betty
Major for lands described as Parts 1 and 5,
Plan 40R-17256
WHEREAS the Council of The Corporation of the Municipality of
Clarington wishes to acquire certain lands on Station Street and
Church Street in Orono for the road widening and dedication as
public highway;
AND WHEREAS the owners of such lands, James and Betty Major, have
consented to the sale of Parts 1 and 5, Plan 40R-17256, for the
established selling price of $2, 700, plus costs .
NOW THEREFORE the Council of The Corporation of the Municipality of
Clarington hereby enacts as follows :
1 . THAT the Mayor and the 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 between James and Betty Major and the said
Corporation, which is attached hereto and marked as Schedule
"A° .
BY-LAW read a first and second time this 10th day of February,
1997 .
BY-LAW read a third time and finally passed this 10th day of
February, 1997 .
ACTERG MAYOR
CLERK
The Purchaser, The Corporation of the Muni&ipality of Clarington
offers to buy from the Vendor, James R.B. and Betty M. Major
the following Property: fronting on the
known municipally as
in the
of Orono ,and having a frontage of
a depth of
more or less and described as for the price of
$2,700.
side of—
Hamlet
, more or less by
1. Purchaser submits with this offer the sum of No Deposit dollars,
payable by cash/cheque/certified cheque to the Vendor's lawyer as a deposit to be held by him or her
in trust pending completion or other termination of this Agreement and to be credited on account of
the purchase price on completion. ,
2. Purchaser acknowledges that he or she has inspected the property prior to submitting this offer
and understands that upon the Vendor's accepting this offer there shall be a binding agreement of
purchase and sale between Purchaser and Vendor.
3. Purchaser agrees to:
(a) Pay the balance of the purchaser price in cash or certified cheque on closing, subject to the usual
adjustments.
(Insert additional clauses as desired.If more room is needed,use a blank sheet and attach to this Agreement—
see Instruction Sheet).
The properties being purchased and sold herein are known as Parts 1 & 5, Plan
40R17256 and are described as follows:
i) Part 1, Plan 40R-17256
being the east side of Church Street and is a long and narrow rectangular
parcel of land along the westerly frontage of the parcel of land owned by the
Vendor and consists of approximately 120.9 sq.m.
ii) Part 5, Plan 40R-17256
being a block of land currently occupied as Station Street along the north
easterly frontage of the parcel of land owned by the Vendor and consists
of approximately 379.7 sq.m.
The Purchaser agrees to pay all legal, surveying and any other costs associated
with this transaction.
The Purchaser agdc•Vendor both agree that the transaction can be completed at any time
prior to the closing date set out in this Agreement of Purchase and Sale.
4.Vendor warrants that:
(a) he or she is a resident of Canada;
(b) there are no municipal work orders or deficiency notices outstanding against the property or,
if there are, the same will be complied with at Vendor's expense before closing;
(c) the building(s)on the property has/have never been insulated with urea formaldehyde foam
insulation.This warranty shall survive the closing of this transaction.
(Insert additional clauses as desired. If more room is needed,use a blank sheet and attach to this Agreement—
see Instruction Sheet.)
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5. Vendor'agrees to supply the Purchaser with an up-to-date survey of the property within ten days
following acceptance of this offer.
6. Except as otherwise provided in this Agreement and subject to paragraph 12, Vendor shall
discharge at his or her expense all liens, charges, and encumbrances affecting the real property on or
before completion.
7.Purchaser and Vendor agree that all existing fixtures are included in the purchase price except the
following:
n/a
and that the following chattels are included in the purchase price:
n/a
8. Purchaser agrees that this offer will be irrevocable until 11:59 p.m. on the 31st day
of March ' 1997 after which time, if not accepted, this offer will be
null and void and the deposit will be returned to Purchaser without interest or deduction.
9. This agreement will be completed on the day
of , 19 . Once complete, the Purchaser will be given vacant
possession of the property unless otherwise provided as follows:
10. Purchaser will be allowed until 11:59 p.m. on the day
of , 19 to examine the title to the property at his or
her own expense to satisfy himself or herself that its present use may be lawfully continued and that
the principal building may be insured against risk of fire.
11. Vendor and Purchaser agree that there is no condition, express or implied, representation, or
warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except
as is specifcally stipulated here:
12. If within the times specified in paragraph 10 any valid objection to title or to the fact that the
property's present use may not lawfully be continued,or to the fact that the principal building may not
be insured against risk of fire is made in writing to the Vendor and which Vendor is unable to remedy
and which Purchaser will not waive,this Agreement will end and all money that had been previously
paid out will be returned without interest or deduction. In this case, the Vendor will not be liable for
any costs or damages.
13.If Vendor's spouse has not joined in this Agreement or signed the spousal clause below,the Vendor
covenants to obtain the consent of his or her spouse to this transaction on or before completion.
14.All the buildings on the property and all other things being purchased under this Agreement will
remain at the risk of the Vendor until the date of completion.Pending completion,the Vendor will hold
all insurance policies and any proceeds in trust for the parties as their interest may appear.If substantial
damage occurs, the Purchaser may either end this Agreement and have all money that has been
previously paid out returned without interest or deduction, or take the proceeds of any insurance and
complete the purchase.
15. This Agreement will create an interest in the property only if the subdivision control provisions
of the Planning Act are complied with by the Vendor-on or before completion.The Vendor covenants
to proceed diligently at his or her own expense to obtain any necessary consents on or before completion.
16.Any rent,mortgage interest,realty taxes,local improvement charges,water and unmetered utility
charges and the cost of fuel as applicable will be apportioned and allowed to the completion date.
17. The Transfer/Deed will, except for the Land Transfer Tax affidavits,be prepared in registrable
form at the expense of the Vendor.
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18.The Mortgage will be prepared in registrable form at the expense of the Purchaser.
19. This agreement,including any schedules attached,constitutes the entire agreement between the
Purchaser and Vendor.There is no representation,warranty,collateral agreement,or condition,whether
direct or collateral, or express or implied,which induced any party to enter into this Agreement or on
which any party relies, or which affects this Agreement or the property other than expressed in this
agreement.This agreement will be read with all changes of gender or number as required by the context.
20.No insurance shall be transferred on completion.If Vendor is taking back a mortgage,or Purchaser
is assuming a mortgage,Purchaser shall supply Vendor with reasonable evidence of adequate insurance
to protect the Vendor's interests on completion.
Dated at CLARINCTON this 10TH day of
FFRRTTARy 1997
Signed in the presence of:
whereof I have here set my hand
The undersigned accepts the above offer:
Dated at '`s r-<1I-) this
Signed in the presence of:
In witness whereof I have here set my hand
Cu --7
(Venddi )
(Vendor)
SPOUSAL CLAUSE
FRRRTTARY in,
1997
(Date)
FEBRUARY 10, 1997
(Date) -
k,
day of
(Date)
(Date)
In consideration of the sum of one dollar ($1.00) (receipt of which is hereby acknowledged) and the
entering into of this agreement by the Purchaser,the undersigned spouse of the Vendor hereby consents
to the disposition evidenced hereby pursuant to the Family Law Act, 1986, and agrees to execute any
and all necessary or incidental documents to give full force and effect to such sale.
(Witness)
(Spouse)
(Dated)
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