HomeMy WebLinkAbout97-173 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97-173
Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Boville
Holdings Inc., Bowmanville, Ontario for the purchase of the
property at 53 King Street, Bowmanville.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, a contract
between Boville Holdings Inc. and said Corporation.
Z. THAT the contract attached hereto as Schedule A form part of this By-law.
By-law read a first and second time this 7th day of July, 1997.
By-law read a third time and finally passed this 7th day of July, 1997.
May-o-r
Clerk /��
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Province Document Genera!
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Lot 1, Block N on the south side of King Street and the
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O gore of land in the said Block immediately west and as
oadjoining Lot 1 according to John Grant's Plan of Part
of Township Lot 12, Concession 1 (formerly Town of
Bowmanville), Municipality of Clarington, Regional
New Properlyidentilism Municipality of Durham, Now designated as Part 1
see Reference Plan 40R-17466
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BOVILLE HOLDINGS INC. By Me, 11. ................. 1997 12tne
............ .. .. ............... ...... .. ... . .... ............................ .... . ..
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(11)for Service 91-97 King Street West, Bowmanville, Ontario L1C 1R2
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(14 Address-tora(14 Mur"paf Addga of Ploourr (M 09anneiit Propand W.. FM airox
STEPHEN F. SHINE Rum
91-97 Xing Street West Barrister & Solicitor
Bowmanville, Ontario ' 231 Xing Street East
L1C 1R2 P.O. Box 26038
Oshaas, Ontario L1H SR4
(905) 571-2559
C9
THIS AGREEMENT made as of the 15th day of April, 1996.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
(hereinafter referred to as the"Municipality)
-and.
BOVEME HOLDINGS INC'.,
(hereinafter referred to as the"Licensee')
WHEREAS:
A. The Licensee is the registered owner of the lands in the Municipality of Clarington
described in Schedule"A"annexed hereto(the"Froparty");
B. The public highways)known as Queen Street(formerly Scugog Street),forms part
of the road system under the jurisdiction of the Municipality;
G. The Licensee has trade application to the Municipality for permission to maintain an
encroachment within Queen Street(the"Road Allowance")in the manner and to the
extent as described in Schedule'B"(hereinafter referred to as the'Encroachments");
D. The Municipality has granted to the Licensee permission to erect and maintain the
Encroachments upon the condition that the Ucensee.enters into and executes this
Agreement,which the Licensee has agreed to do;and
1L The making of this Agreement with Thomas White and Richard Alexandre(whose
Iegal interests have been conveyed to BovgIa Holdings Inc.,. )is authorized
by Bylaw No.96.70 passed on the 15th day of Aprii,1996 a copy of which is annexed
as Schedule"C.
NOW THEREFORE THIS AGRLEMIT WITNESSEI R that in consideration of the
premises,and of the covenants and agreements hereinafter contained,the parties agree as
follows:
1. Inc Municipality grants to the Licensee permission to erect and maintain the
Encroachments until such time as the removal of the Eneroaebments is required as
hereinafter provided(hereinafter referred to as the"Licence').
2. The Licensee will,at its own on %charge and exp =and to the satisfaction of the
Director of Public Works of the Municipality (hereinafter referred to as the
"Director'))keep and maintain the Encroachments in good and proper repair and
condition.
3. The Licensee will,at its own costs,charge and expense and to the satisfaction of the
Director,alter or remove the Encroachments from the Road Allowance forthwith
after being given thirty(30)day's nod=in writing from the Director to do sa,before
the date specified by such notice without being entitled to any compensation
whatsoever for such alteration or removal,and if the Uccom faits to alter or remove
the said Encroachments as requested by the Director,the Municipality may remove
or alter the : : and n : the '- all at the cost, 4' ; and
Encroachment Agreement -2-
expense of the licensee and the certificate of the Director as to the cost of such
removal or alteration or restoration shall be final and binding upon the Licensee and
the Municipality may recover the same from the Licensee in any court of competent
jurisdiction,as a debt due and owing to the Municipality.
4. The Licensee wilt,from time to time and at all times hereafter,well and truly save,
defend and keep harmless and fully indemnify the Municipality and any other
Corporations, Boards,Commissions or Bodies having utilities or services which may
in any manner be affected by the erection or maintenance of the Encroachment from
and against all actions,suits, claims and demands whatsoever which may be brought
against or made upon any or all of them and from and against all loss,costs,charges,
damages and expenses whatsoever which may be sustained,incurred or paid by any
or all of them, regardless or whether or not they be parties hereto,for or by reason
of or on account of the permission hereby granted to the Licensee and/or the exercise
by the Licensee of such permission and/or the erection and maintenance of the
Encroachments and appurtenances thereto and/or anything in any manner relating
thereto, including, but without limiting the generality of the foregoing, all actions,
suits, claims and demands which may arise as a result of water dripping from the
Encroachments onto the said public sidewalk and/or highway because of the Iack of
adequate drain connections affixed to the Encroachments,and that in case any action,
suit,claim or demand be brought against or made upon the Municipality or any of
its respective officers,servants,workers or employees, the Municipality may, upon
written notice to the Licensee, and if not forbidden by the Licensee within the
fourteen days thereafter, if the Municipality shall see fit, compromise any such
actions,suits,claims or demands on such terms as the Municipality shall see fit,and
the Licensee shall thereupon forthwith pay to the Municipality the sum or sums to
be paid together with such sum as shall represent the reasonable costs of the
Municipality or its solicitors in defending or settling any such actions,suits,claims or
demands,but if the Licensee forbids such compromise within the said period, or if
no such compromise be affected, then the Licensee may be made party to such
actions, suits, claims or demands and will in every case fully indemnify the
Municipality, its officers,servants,workers or employees.
5. The Licensee shall facilitate the repair,relocation and construction of any and all
utilities over or under the Encroachments,as may be required from time to time by
the Director by written notice given to the licensee.
6. The Licensee shall obtain and maintain public liability insurance(personal injury and
property damage)covering the maintenance of the Encroachments in the amount of
at least One Million Dollars($1,000,00000)for all damages arising out of an accident
or occurrence or series of accidents or occurrences naming the Municipality as
additional named insured and containing a cross-liability endorsement all satisfactory
to the Treasurer of the Municipality. The Licensee shall deliver to the Treasurer of
the Municipality,from time to time when requested,a copy of such insurance policy
certified and signed by the insurer. The issuance of such policy or policies of
insurance or the acceptance of it or them by the Municipality shall not be construed
to relieve the Licensee from responsibility for other or larger claims for which the
Licensee may be held responsible. If i)the Property is used for residential purposes,
and ii)the Property is temporarily unoccupied,and iii)following the application of
the licensee to the Municipality's Treasurer, the Treasurer is of the opinion that
insurance required to be obtained pursuant to this paragraph is not commercially
available at normal consumer rates for home owner's insurance,the Licensee shall
not be required to maintain such insurance during the period of time that the
Property is unoccupied
7. If the Licensee shalt transfer or sell the Property or any portion thereof then i) the
licensee shall forthwith notify the N ty in w of: sale or i '
Encroachment Agreement -3-
together with the name and address of the transferee or purchaser, and ii) this
Licence shall terminate on the expiry of the period of thirty(30)days following such
sale or transfer unless such transferee or purchaser,within the aforesaid thirty(30)
days,enters into an agreement with the Municipality to assume the obligations of the
Licensee pursuant to this Licence. On the malting of the aforesaid assumption
agreement with the Municipality,the transferee or purchaser shall be deemed to be
the Licensee for the purposes of this Licence and the transferor or vendor of the
Property shall have no further obligation under this Licence.
8. Without derogating from paragraph 3 hereof,if the Municipality passes regulations
which would have the effect of requiring removal of the Encroachments over the
Road Allowance,the Licensee, upon receipt of notice in writing from the Director
to do so,will remove the Encroachments and appurtenances thereto from the Road
Allowance and restore the Road Allowance, all to the satisfaction of the Director
before the date specified in such notice,without being entitled to any compensation
whatsoever for such removal,and if the Licensee fails to remove the Encroachments
and appurtenances thereto and restore the Road Allowance as herein provided,the
Municipality may remove same at the cost,charge and expense of the Licensee and
the certificate of the Director as to the cost of such removal shall be final and binding
upon the Licensee and the Municipality may recover such sots from the Licensee in
any court of competent jurisdiction as a debt due and owing to the Municipality.
9 The Encroachments shall be constructed,installed,occupied,and maintained in such
a manner so as to ensure that there will be no interference with pedestrian or
vehicular'traffic and that the line of sight or any traffic sign or signal is not obscured.
10. The construction, installation, occupation, operation and maintenance of the
Encroachments shall comply with at]applicable statutes,by-laws and regulations.
11. The Licensee will pay to the Municipality such fee or fees for the privilege hereby
granted to maintain the Encroachments as may be hereafter from time to tiate
prescribed by the Council of the Municipality to be paid by all owners of
encroachments which project in whole or in part over any public highway,street or
lane in the Municipality of Clarington for the privilege of maintaining such
encroachments.
12 All such sums and costs so paid, sustained or incurred by the Municipality as
aforesaid,and all such annual fees or minimum fees,or further or other fees to be
paid by the Licensee as aforesaid,shall form and constitute a charge or lien on the
Property until fully discharged by payment thereof.
13. The Municipality, its respective officers, servants, workers, employees, agents and
contractors under its control or supervision of any of them shall have the right from
time to time and at all reasonable times during the currency of this Agreement,to
enter in and upon the Property and/or the Encroachments or any part thereof;with
all necessary people,plant equipment and material for the purposes of inspecting the
Encroachments or removing the same from the Road Allowance as hereinbefore
provided;provided that such inspection shall not free or relieve the Licensee in any
way whatsoever from the liability under the covenant hereinbefore set forth to keep
and maintain the Encroachments in good and proper repair and condition.
14. Any notice,request,communication or demand under this Licence shall be in writing
and shall be considered properly delivered when given or served personally or by
registered mail to the Municipality at 40 Temperance Street, Bowmanville,Ontario
LiC 3A6,Attention:Director of Public Works and the Licensee at 91-97 King Street
West, Bowmam+ii le, Ontario, UC 1R2, Attention: Thomas White. Such notice,
or I' be,` to have 1 ( " on the date it is
Encroachment Agreement -4-
if given or served personally or on the third day following mailWS,if it is maned. If
at any tune notice is delivered by mail and there is any cessation(whether anticipated
or existing)of man service affecting the delivery of such notice,the notice shall not
be deemed to have been delivered until five (5) business days after the date that
normal mail service is restored.
15. This Agreement may be registered against title to the Property and the cost of
preparation and registration of the same shall be paid by the Licensee. The Licensee
shall deliver to the Municipality, in registerable form and at the Licensee's cost,
postponements of arty encumbrances registered against title to the Property.
16. Nothing herein contained shall be construed as giving to the Licensee anything more
than permission to erect on and attach the Encroachments to the Road Allowance
and to maintain the same until such time as the removal of the Encroachments from
the Road Allowance may be required as hereinbefore provided.
17 This Agreement and everything contained herein shall enure to the benefit of and be
binding upon the parties hereto and their respective (where applicable) heirs,
executors,administrators,successors.and assigns.
1& This licence shall be governed by and interpreted in accordance with the laws of the
Province of Ontario and the parties submit to the jurisdiction of the courts of the
Province of Ontario in order to enforce this Licence.
19 Each of the Municipality and the Licensee hereby agree that any prior agreement
respecting the Encroachments or a portion thereof including but not limited to an
agreement made between The Corporation of the Tows of Bowmam ille and James
Howard Hancock made the Sth day of October,1946 is hereby terminated and all of
the rights and obligations of the parties relating to the Eacroachrneats are contained
in this Agreement.
IN WMESS MIEREOF,this tieence has been duly executed by the parties hereto
as of the day and year first above written
THE CORPORATION OF THE
MUNICIPALITY OF CIARINGTON
Mayor-
AND By.
aetjPAXrL
BOVILi;,R OLDINGS itNC+��alrrh W
I o as J. White President
I have the authority to bind the
Corporation.
AND W.
$Sr IMI
Lot 1 and the unnumbered gore lot, Block 'N', John Grant Plan of Part of lot 1 Concession
1, Geographic Township of Harlington, Munidpallty of Ciarington, Regional Municipality of
as Part I on Plan 4OR•174M
SCH DULL ai r
Secondly, Part of the Road Allowance between lots 12 and 13, Conaesslon 1, Geographic
Township of Darlington, Municipality of Clarington, Regional Municipality of Durham,designated
as P 3 and 4 on Plan 4OR-174AR.
SCrEouLIE QC"
THE CORPORATION OF TIE MUNICIPALITY OF CLARING=
BY-LAW NO. 96-70
Being a by-law to authorize the Mayor and
Clerk to enter into an agreement between The
Municipality of Clarington and Thomas White
and Richard Alexandre to permit the
encroachments of part of the building located
on the southeast corner of King and Queen
Streets, onto the Queen Street road allowance
and to rescind the Encroachment Agreement
between The Corporation of the Town of
Bowmanville and James Howard Hancock.
WHEREAS The Corporation of The Municipality of Clarington deems it
desirable to enter into an Encroachment Agreement with Thomas White
and Richard Alexandre to permit the following encroachments
Parts 2, 3 and 4, unregistered plan, to encroach onto the
Queen Street road allowance.
ft MUMS the Encroachment Agreement is attached and forms part of
this By-law as Schedule 'A'.
CIS the Encroachment Agreement between the former Tom of
eowmanville and James Howard Hancock is not valid, and is hereby
rescinded.
NOW TBSRBPORB BE IT RBSOLVSD THAT the Mayor and Clerk are
authorised to execute an Encroachment Agreement between The
Corporation of The Municipality of Clarington and Thomas White and
Richard Alexandre.
BY-LAW read a first and second time this 13th day of April, 1996.
BY LAW read a third time and finally gassed this 15th day of April,
1996.
����A'-1 V-Kwosw
MAYOR
CERTI CA RUE MP9V
7 .
P RiilE
� �Clerk-
t
Page 4 of 6
Tender SD97-1
AGREEMENT OF PURCHASE AND SALE
PURCHASER, . . . . . BOVILLE HOLDINGS INC. IN TRUST
VENDOR, - - - - CORPORATION CORPORATION OF THE MUNICIPALITY OF CLARINGTONofthrough buy
endorom
AGENT, „ _ . s
PROP . .N/A. . . . . . . . . . . . . . . . . . . . . .
PROPERTY: fronting on the Southwest corner of Kin the following
Division Street, known Municipally as BO g Street East and
CLARINGTON and having a frontage of 20 . 33 Of
in the MUNICIPALITY OF
165 FEET more or less and described as MUNICIPAL BUILDINGss by a depth of
(SEE- ATTACHMENT) ,- at a Purchase Price .of „ ONE THOUSAND BRICK-STRUCTURE
following terms : Canadian Dollars ($Can. " QQQ , QQ , ) on the
1 • Purchaser submits with this
ONE HUNDRED offer loo OF THE TOTAL BID PRICE
• . .Dollars ($100 .=00
Vendor' s Agent as a deposit * -
eposit to be held bychim/inetrust pending
completion or other termination of this Agreementgandptpendi to
towards the Purchase Price on completion. g
be credited
2 . Purchaser agrees to PAY BALANCE OR PUR CHASE PRICE ON CLOSI
TO USUAL ADJUSTMENTS: NG SUBJECT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . Purchaser and Vendor agree that all
the purchase price . existing fixtures are included in
. . . . . . . . . . . . . . . . . . . . .N/A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 • Purchaser agrees that this
1.2 :,1.2 :,0.0. Offer oo Offer shall be irrevocable by him until
accepted,nthistOfferrshall be null} 147 after
and voidand which tim , if
shall be returned to Purchaser without interest or deduction, not later than
the 30th day following acceptance of this offer by the Vendor, unless
otherwise agreed in writing by the Vendor and Purchaser.
5 . This Agreement shall be completed on the
completion, vacant possession of the propertyOshallEbe IA . .
completion, Upon
Purchaser. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
6 . Purchaser shall be allowed ten (10) days next following the date
acceptance of this Offer to: examine the title to the property at his
of
own expense . Purchaser acknowledges receipt of att
work orders . . . . . . . . . . . . . . . . . . . . . . . . : : . ached outstanding
. . . . . . . . . . . . . . . . . . . . . . . . .
7 . Vendor and Purchaser agree that there is no condition, express
implied, representation or warranty of any kind that the future
or
intended use of the property by Purchaser is or will be lawful except
as may be specifically stipulated hereunder.
. . . . . . .GENERAL COMMERCIAL EXCEPTION (Cl-1) ZONE. . . . . .
. . . . . . . . . .
8 . Purchaser acknowledges having inspected the property prior to
submitting this Offer and understands that upon Vendor accepting this
Offer there shall be a binding agreement of purchase and sale between
Purchaser and Vendor.
9 • Provided that the title to the property is good and free from all
encumbrances except easements providing rights of way in favour of the
owners of the lots, known for Municipal purposes as, 49/51 King Street
East and 43/45 King Street East, Bowmanville, over the southerly 12
feet of the PROPERTY, and except for any registered restrictions or
covenants that run with the land providing that such are complied with
and except for any minor easements to public utilities required for
Page 5 of 6
Tender SD97-1
9 • the supply of domestic utility services to the propert
the time allowed for examining the title any valid objection tt
is made in writing to Vendor and which Vendor is unable or unwo title,
in
to remove, remedy or satisfy and which Purchaser will not waive, this
Agreement, notwithstanding any intermediate acts or negotiations in
respect of such objections, shall be at an end and all monies
theretofore paid shall be returned without interest or deduction and
Vendor and Vendor' s Agent shall not be liable for any costs of
damages . Save as to any valid objections so made by such day and
except for any objection going to the root of the title,, Purchaser
shall be conclusively deemed to have accepted Vendor' s title to the
property.
10 . Purchaser shall not- call for the production of any title deed
abstract, survey or other evidence of title to the property except
such as are in the possession or control of Vendor. Vendor agrees
that, if requested by the purchaser, he will deliver any. sketch or
survey of the property in his possession or within his control to
Purchaser as soon as possible and prior to the last day allowed for
examining title.
11 . All buildings on the property and all other things being purchased
shall be and remain until completion at the risk of Vendor. Pending
completion, Vendor shall hold all insurance policies, if any, and the
proceeds thereof in trust for the parties as their interests may
appear and in the event of substantial damage, Purchaser may either
terminate this Agreement and have all monies theretofore paid returned
without ' interest or deduction or else take the proceeds or any
insurance and complete the purchase .
12 . Provided that this Agreement shall be effective to create an interest
in the property only if the subdivision control provisions of the
Planning Act are complied with by Vendor on or before completion and
Vendor hereby covenants to proceed diligently at his expense to obtain
any necessary consent on or before completion.
13 . Purchaser shall be credited towards the Purchase Price with the
amount, if any, which it shall be necessary for Purchaser to pay to
the Minister of National Revenue in order to satisfy Purchaser' s
liability in respect of tax payable by Vendor under the non-reside�zcy
provisions of the Income Tax Act by reason of this sale .
shall not claim such credit if Vendor delivers on completi Purchaser
on the
prescribed certificate or his statutory declaration that h
then a non-resident of Canada e is not
14 . Rents, mortgage interest, taxes, local improvements, water and
assessment rates and the .cost of fuel shall be apportioned and allbwad
to the date of completion (the day itself to be apportioned to
Purchaser) .
15 . The deed or transfer shall, save for the Land Transfer Tax Affidavit,
which shall be prepared and completed by the Purchaser, be prepared in
registrable form at the expense of Vendor and the Mortgage at the
expense of Purchaser.
16 . Time shall in all respects be of the essence hereof provided that the
time for doing or completing of any matter provided for herein may be
extended or abridged by an agreement in writing signed by Vendor and
Purchaser or by their respective solicitors who are hereby expressly
appointed in this regard.
17 . Any tender of documents or money hereunder may be made upon Vendor or
Purchaser or their respective solicitors on the day for completion of
this Agreement . Money may be tendered by bank draft or cheque
certified by a chartered bank, trust company or .Province of Ontario
Savings Office .
18 . This Agreement shall constitute the entire agreement between Purchaser
and Vendor and there is no representation, warranty, collateral
agreement or condition affecting this Agreement or the property or
supported hereby other than as expressed herein in writing. This
Agreement shall be read with all changes of gender or number required
by the context .
Page 6 of 6
Tender SD97-1
19 . NOTE TO BIDDER: Cross out which of the following provisions is not
applicable to your bid and complete date in applicable provision.
The Purchaser at his expense, will rehabilitate and upgrade by
*SEE BELOW the building now located at the
PROPERTY, subject to approval by the Municipality of Clarington and in
accordance with applicable laws including the Ontario Building Code
Act and Regulations made under it and the Municipality of Clarington
Property Standards By-law (By-law #82-63 , as amended) .
*THE REHABILITATION SHALL COMMENCE FORTHWITH AFTER CLOSING AND SHALL BE
COMPLETED WITHIN NINE MONTHS OF THE CLOSING DATE.
'XX(XX Rix XXXxxxlxxxxxxxxxXXAg4 4,XdXminxagrongaxlx�xXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXIXX4X nX1dX1X4X1X(XXxy(mgt aX.AfxX
YF�XudxmnXhxXXxX" x"":"'X""'(""4X(�'�agx-AcctsxO XI��uXlxaXtXM4 X a c
20 . The Vendor and Purchaser hereby agree that they intend that paragraph
19 hereof, will survive the completion of this transaction, and the
Purchaser covenants to perform the same .
Dated at Oshawa 12th y of May , 1997 .
SIGNED, SEALE ELIVERED IN WI NESS whereof I have hereunto set by XXXXX
in the pr
dH81 IN TRUST
. . . . . . . . . . . . . Date . . MaY . � ? , , 1997
t y Vurch�se'r)
Date
I have the authority to bind the
Corporation .
ACKNOWLEDGEMENT
I acknowledge receipt of my signed I acknowledge receipt of -my signed
COPY of this accepted Agreement copy of this accepted Agreement
of Purchase and Sale, and direct my of Purchase and Sale, and direct my
agent to forward a copy to my agent to forward a copy py to my
solicitor.
BOVILLE HOLDINGS INC . , IN TRUST-
. . . . . . . . . . . . . . .Date . . . . . . . .Date .
Vendor Purchaser
. . . . . . . . . . . . . .Date . . . . . . . .Date .
Vendor Purchaser
Address : . . . . . . . . . . . . .. . . . . . . . . . . . . . . Address : . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone No : . . . . . . . . . . . . . . . . . . . . . . Telephone No : . . . . . . . . . . . . . . . . . . . . .
Vendor' s Solicitor: . . . . . . . . . . . . . . . . Purchaser' s Solicitor: . . . . . . . . . . . . .
STEPHEN F. SHINE
BARRISTER & SOLICITOR
P.O. BOX 26038
231 KING STREET EAST
OSHAWA, ONTARIO
L1 H 8R4
( 905 ) 571 -2559 Telephone
( 905 ) 579-2846 Fax