HomeMy WebLinkAbout97-231 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97-231
Being a By-law to authorize the execution of an
Agreement of Purchase and Sale between the
Corporation of the Municipality of Clarington and
Her Majesty the Queen, in right of Ontario, as
represented by the Chair of the Management Board of
Cabinet
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, and seal with the Corporate Seal, an Agreement of
Purchase and Sale with Her Majesty the Queen, in right of
Ontario, as represented by the Chair of the Management of
Cabinet .
2 . THAT this Agreement of Purchase and Sale attached hereto as
Schedule "A" form part of this By-law.
By-law read a first and second time this 27th day of October, 1997 .
By-law read a third time and finally passed this 27th day of
October, 1997 .
Mayor.
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' 03\10\97 Land!(MBS)
AGREEMENT OF PURCHASE AND SALE
BETWEEN;
HER MAJESTY THE QUEEN, in right of
Ontario, as represented by the Chair of
the Management Board of Cabinet
(hereinafter called the "Vendor")
and
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Purchaser")
Under this Agreement the Vendor shall sell and the Purchaser shall buy the land and premises,
(hereinafter referred to as the "Land"), being more particularly described as follows:
Part of Lot 1, Broken Front Concession, in the Municipality of Clarington, (formerly
Township of Darlington), in the Regional Municipality of Durham, consisting of
approximately 13.097 acres and being more particularly described in Schedule "A"
attached hereto and shown on the sketch attached hereto as Schedule "B".
DATE OF CLOSING
1. Closing shall take place on the 15th day of December, 1997, (the "Date of Closing") or
earlier on the mutual agreement of the parties hereto subject to the fulfilment of the
condition in Section 23 of this Agreement.
PAYMENT OF PURCHASE PRICE
2. (1) The Purchaser shall pay to the Vendor the sum of ONE HUNDRED AND SIX
THOUSAND DOLLARS ($106,000.00) (the "Purchase Price") in lawful money
of Canada, as the purchase price for the Land, made payable to the Minister of
Finance, as follows:
(a) the sum of TEN THOUSAND DOLLARS ($10,000.00) (the "Deposit")
by certified cheque or bank draft, as a deposit upon the submission of this
Agreement to the Vendor, to be credited to the Purchase Price on the Date
of Closing, and
(b) the balance of the Purchase Price, subject to the usual adjustments, by
certified cheque or bank draft, on the Date of Closing.
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(2) The Purchase Price of the Land does not include Federal Goods and Services Tax
(G.S.T.) payable by the Purchaser in respect of the purchase of the Land pursuant
to the Excise Tax Act (Canada) (the "Act"). The Purchaser shall, on the Date of
Closing, as a condition of completion of this transaction of purchase and sale, remit
to the Vendor, by certified cheque or bank draft, G.S.T. at the rate of 7% of the
Purchase Price. However, if the Purchaser provides to the Vendpr, prior to the
Date of Closing, confirmation that the Purchaser is a registrant under the Act,
including the Purchaser's registration number, together with an updertaking in a
form reasonably acceptable to the Vendor to the effect that the Purchaser shall
remit as required by the Act any G.S.T. payable in respect of the sale of the Land
to the Purchaser and shall indemnify the Vendor in respect of any G.S.T. so
payable, then the Purchaser shau not be required to remit to the Vendor G.S.T. on
the Date of Closing as aforesaid.
INSPECTION AND CONDITION
3. The Purchaser acknowledges having inspected the Land prior to executing and submitting
this Agreement to the Vendor.
4. The Purchaser acknowledges.receiving a copy of a Phase I Environmental Site
Assessment/Tank Removal Verification Report prepared by Agra Earth & Environmental
dated May 8th, 1997,
5. The Purchaser acknowledges that it has:satisfied itself with respect to the zoning and other
land use policies and regulations applicable to the Land and agrees to purchase the Land
subject to such existing zoning and other land use policies and regulations.
6. The Vendor warrants that it has not authorized the re-insulation of the premises on the
Land with urea formaldehyde foam insulation.
7. The Purchaser agrees to purchase the Land in its current condition and agrees that the
Vendor shall not be obliged to perform any work in respect of the Land in order to bring
the Land or any part of the Land into compliance with any standards in respect of building,
plumbing, heating, electrical wiring and accessories, safety, health, weed control or any
other matter whatsoever. The Purchaser also agrees not to make any claim against the
Vendor in respect of any of the work that may be required.
RISK
8. The Vendor is self-insured. In the event of damage to the Land, the Purchaser may
terminate this Agreement and have the deposit returned without interest or accept a
reduction in the Purchase Price determined by the Vendor.
APPROVAL BY-LAW
9. The Purchaser warrants that its purchase of the Land is authorized by a by-law i duly
enacted and passed by the Council of the Corporation of the Municipality of Clarington,
as By-Law No.
PLANNING ACT
10. This Agreement is subject to compliance with Section 50 of the Planning Act, R.S.O.
1990, c. P.13. The parties acknowledge that the Purchaser is by virtue of clause 50(3)(c)
of the Act, exempt from compliance with Section 50 and agree therefore that no consent
will be obtained for the conveyance or transfer of the Land.
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TITLE
11. The Purchaser shall accept title subject to:
(a) all easements existing at the date of acceptance of this Agreement; and
(b) other agreements and restrictions on title to the extent that they have been complied
with.
INVESTIGATION OF TITLE
12. (a) The Purchaser shall have thirty (30) days from the date of acceptance of this
Agreement to investigate title at the Purchaser's expense and if within that time the
Purchaser furnishes the Vendor in writing with any valid objection to title which
the Vendor is unwilling or unable to correct, this Agreement shall be terminated
notwithstanding any intermediate acts or negotiations with respect to such objection
and the deposit money shall be returned to the Purchaser without interest and the
Vendor shall not be liable for any costs or damages.
The Purchaser agrees not to call for the production of any title deed, abstract,
survey nor other evidence of title to the Land except such as are in the possession
or control of the Vendor.
(b) The Purchaser shall satisfy itself as to compliance with any Subdivision or other
Agreement or restriction and the Vendor shall have no obligation to obtain any
release or to provide any evidence of compliance.
ASSIGNMENT OR REGISTRATION
13. The Purchaser shall not assign or register this Agreement or any assignment of this
Agreement or any part of either or register a Caution in relation thereto without first
obtaining the consent of the Vendor in writing, which-consent the Vendor may arbitrarily
withhold.
PREPARATION OF DOCUMENTS
14. The Transfer/Deed of Land will be prepared by the Vendor except the Affidavit f
Residence and Value of the Consideration, and each party shall pay its own legal and
registration costs.
GENERAL
15. The Purchaser warrants that the Purchaser is not a non-resident of Canada pursuant to the
Land Transfer Tax Act (Ontario).
16. Time shall be of the essence.
17. Any covenants in this Agreement not completed on or before the Date of Closing shall
survive the closing of this transaction.
18. Any tender of documents or money hereunder may be made upon the Vendor or the
Purchaser or their respective solicitors on the Date of Closing.
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19. Signature of this Agreement by the Furchaser and submission thereof to the Vendor
comititutes an offer under seal which js irrevocable until midnight on the 27th day of
October, 1997, This Agreement when accepted constitutes a binding contract of Purchase
and Sale.
20. This Agreement constitutes the entire agreement between the parties and there is no
representation, warranty, collateral agreement or condition affecting this Agreement or the
Land other than expressed herein,
21, Whenever the singular is used in this Agreement it shall mean and include the plural and
whenever the masculine gender is used in this Agreement it shall mean and include the
feminine gender if the context so requires.
NOTICE
22. Any notice under this Agreement is suffjciently given if delivered personally or if sent by
ordinary prepaid mail or prepaid courier or facsimile
to the Purchaser at:
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Attention: Don Patterson
Telephone: (905) 263-2291
Facsimile: (905) 263-4433
and to the Vendor at:
C/o Ontario Realty Corporation
777 Bay Street, 15th Floor
Toronto, Ontario
MSG 2E5
Attention: Paul Salerno, Marketing Co-ordinator,
Institutional Marketing Section
Telephone :(416) 585-6751
Facsimile: (416) 585-7577
CONDITION PRECEDENT
23. (a) It is a condition precedent of this Agreement, that the Vendor obtain the approval
of the Lieutenant Governor in Council to this Agreement on or before the 8th day
of December, 1997, and this condition will cease to exist on the date the Vendor
notifies the Purchaser in writing that the Vendor-has obtained such approval.
(b) If the Vendor is unable to obtain the approval of the Lieutenant Governor in
Council on or before the 8th day of December, 1997, this Agreement shall be at
an end and any money paid by the Purchaser to the Vendor shall be returned
without interest or deduction unless the time is extended in writing by mutual
consent of the parties hereto,
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OFFERED BY the Purchaser this 27th day of October 1997.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Witness lane Hamrre,
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Witness cierk
ACCEPTED by the Vendor this day of , 1997,
HER MAJESTY THE QUEEN, in right of
Ontario, as represented by The Chair of the
Management Board of Cabinet
Per: _
Authorized Signing Officer
Schedule "A"
All that portion of Lot 1, Broken Front Concession
in the Towpship of Darlington
in the Regipnal Municipality of Durham
having an area of 13.097 acres, more or less, and shown on a Plan of Survey P-2495-81 attached
to Instrument Number N23893 and being more particularly described as follows:
PREMISING THAT all bearings herein are Astronomic, derived from the centre line of
construction of the Kings' Highway Number 401 shown on Plan P-2695-54 and are referred to
the meridiap passing through the intersection of the divided highway and the line between East
Whitby and Whitby Townships in longitude 78 degrees 53 minutes 45 seconds West;
CON YIENCING at a point, marked by a monument, in Lot 1, Broken Front Concession, which
may be located by starting at the north-west corner of Lot 1 and the following courses and
distances:
(1) south 17 degrees 39 minutes East, 2239.91 feet; and
(2) north 70 degrees 41 minutes 30 second East, 541.20 feet
to the point of commencement,
THENCE North 17 degrees 38 minutes West, 10.0 feet, more or less, to a wire fence existing in
January, 1964;
THENCE North 17 degrees 38 minutes West along the wire fence 702.50 feet, more or less, to
a monument;
THENCE North 17 degrees 38 minutes West, 20.0 feet;
THENCE North 72 degrees 48 minutes East, 20.0 feet, more or less, to a monument;
THENCE North 72 degrees 48 minutes East, 743.0 feet, more or less, to a monument;
THENCE North 72 degrees 48 minutes East, 20.0 feet, more or less, to the eastefly limit of Lot
1;
THENCE South 17 degrees 34 minutes East along the easterly limit 20.0 feet, more or less, to
a monument;
THENCE South 17 degrees 34 minutes East continuing along the easterly-limit 704.49 feet, more
or less, to a monument in a wire fence existing in January, 1964; '
THENCE South 72 degrees 18 minutes West along the last mentioned wire fence 771.19 feet,
more or less, to a wire fence existing in January, 1964;
THENCE South 72 degrees 18 minutes West, 12.0 feet, more or less, to the point of
commencement.
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