HomeMy WebLinkAbout2000-25 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2000- 25
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Veltri &
Sons, Bowmanville, Ontario, to enter into an agreement for
the sale of 163, 169, 175 and 181 High Street, Bowmanville,
ON.
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 Veltri & Sons of Bowmanville, Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this 21 day ofFeb. , 2000.
By-law read a third time and finally passed this 21 day of Feb,. 2000.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 14 of 28
SD99-1
AGREEMENT OF PURCHASE AND SALE
PURCHASER. .....................Veltri,and„Son,Limited offers to buy from
VENDOR.................CORPORATION OF THE MUNICIPALITY OF CLARINGTON, through Vendor's
AGENT. ...................................................NIA...............................:.......................
., the following
PROPERTY: PROPERTY#1 D, 181 High Street, Lot 39, Plan 685, Bowmanville, known Municipally as `, /
BOWMANVILLE in the MUNICIPALITY OF CLARIN T N and having a frontage of 70' X 196', more or less,
�tF '4
at a Purchase Price V, on hausand....� Canadian Dollars
($Can..: 45 QR;QO the followin terms: '� si" SAG`�b P-�-D)?� . u g F J -t urchaser s with this offer 10% OF THE TOTAL BID PRICE .Fbur-Thau ad.......Dollars
�Ia cash/cheque payable to Vendor's Agent as a deposit to be held by him in trust in an
pending completion or other termination of this Agreement and to be credited towards the Purchase interest
Price on completion. bearing
account
2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO USUAL
ADJUSTMENTS.
3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price.
...................................................................... .....................N/A.................................................
4. Purchaser agrees that this Offer shall be irrevocable by him until .4.:00..pm. on the ...1/4.t� day
C? after which time, if not accepted, this Offer shall be null and void and the deposit shall be 416 f
refurnc�d 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. /`/r '
Deeember-r=2 —1=999 ^�t t�2C►k t >
5. This Agreement shall be completed on the .. ... Upon completion, vacant
possession of the property shall be given to Purchaser..V.endor..bas..the..xight..to....ext.ezad. f -'
„the closing datewith„60 days written notice. /1Z
Fo R-
6. Purchaser shall be allowed ten (10) days next following the d acceptance of this Offer to: examine
the title to the property at his own expense. ...............................................................
........................................................................................................................................
7. 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 may
be specifically stipulated hereunder.
.............URBAN RESIDENTIAL TYPE I.........'.Link Home
. .....................................................
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, 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 the supply of domestic utility services to
the property. If within the time allowed for examining the title any valid objection to title, is made in
writing to Vendor and which Vendor is unable or unwilling 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 wit `
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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 15 of 28
SD99-1
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-residency provisions, of the, Income Tax Act
by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or his.statutory declaration that he is not then a non-resident of Canada.
14. Rents, mortgage interest,.taxes, local improvements, water and assessment rates ,and the'cost of,fuel
shall�be apportioned and allowed 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.
9 Vendor undertakes to install and pay for all services required by Durham Region
Municipality of Clarington to the lot line.
20 Vendor agrees to pass a Part-lot Control by-law splitting the lot to create'two units
expense to the purchaser. before closing
21. Vendor agrees there will be no other expense to the purchaser other than building
fees and Development Charges. (lot levies)
22. Vendor agrees that Building Permits will be available for 2 units per lot.
?'3. Vendor. to allow purchaser to enter onto property to complete soil testing
Purchaser's expense. Should test results not satisfy purchaser this offe
shall be null and void.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
,-Q(,4\ t�avre_rY16e-
Dated at Bowmanville this -24-t4-t day of Sept-ember 1999
SIGNED, SEALED AND DELIVERED
in the presence of:
�t� =CZiZ-J_
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
(Vendor)
(Vendor)
Address:
Telephone#:
IN WITNESS whereof I have hereunto set by
hand and seal:
Date Sept:--24# 99-
(Purch ser
r Date 2,2-11- 2 A
urchaser)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
Date
(Purchaser)
Date
(Purchaser)
Page 16 of 28
SD99-1
lZ
Address: 68 King Street E, Bowmanville, ON L1C 3X2
Telephone: (905) 623-4172
Vendor's Solicitor: Purchaser's Solicitor: Irwin Hamilton
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FOURTH
Schedule "A"
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MENEM
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VANSTONE COURT
Bowmanville Key Map
Property 1 (d)
181 High Street
020-050-07078 , Lot 39, Plan 685
u
. 1
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 11 of 28
SD99-1
AGREEMENT OF PURCHASE AND SALE
PURCHASER, Veltri and Son Limited , offers to buy from
................ .............................................................................
VENDOR.................CORPORATION OF THE MUNICIPALITY OF CLARINGTON, through Vendor's
AGENT. ...................................................N/A................................:...................... , the following
PROPERTY: PROPERTY#1C, 175 High Street, Lot 38, Plan 685, Bowmanville, known Municipally as /
BOWMANVILLE in the MUNICIPALITY OF CLARINGT N and having a frontage of 70' X IzW, more or less,`/11-4`
at a Purchase Price,,�f .r�Ty-..Y>�i-we..ThQUS.ans3.......:. f .. Canadian-Dollars
Its
($Can....4-200-0 on the following terms: ��wed-
� , " H ndred�
1. Purchaser sub i with this offer 10% OF THE TOTAL BID PRICE ] eq r Thousan�o ars in an
($. g=00 /� ..) cash/cheque payable to Vendor's Agent as a deposit to be held by him in trust InterE
` Bearit
pending comp tion or other termination of this Agreement and to be credited towards the Purchase
Price on completion. Account
2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO USUAL
ADJUSTMENTS.
3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price.
...................................................................... .....................N/A....................................•............
4. Purchaser agrees that this Offer shall be irrevocable by him until .4:00..M on the ..14th. day
E)p7;t,/- ., after which time, if not accepted, this Offer shall be null and void and the deposit shall be /
reru nd'to Purchaser without interest or deduction, not later than the 30th day following acceptance ofilz,�C�
this offer by the Vendor, unless otherwise agreed in writing by the Vendor and Purchaser.
-Deeember-20th 1999
5. This Agreement shall be completed on the ...J9X KFAPN g XX Upon completion, vacant
Tl.
possession of the property shall be given to Purchaser...Va ndor..has...the-right-to..extend..
2el
.the..closing.date�wi.thL.60..dayz..writt m notice.
6. Purchaser shall be allowed ten (10) days next following the date of acceptance of this Offer to: examine
the title to the property at his own expense. ...............................................................
........................................................................................................................................
7. 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 may
be specifically stipulated hereunder.
.............URBAN RESIDENTIAL TYPE 1....-.i dnkHomes.........................................................
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, 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 the supply of domestic utility services to
the property. If within the time allowed for examining the title any valid objection to title, is made in
writing to Vendor and which Vendor is unable or unwilling 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 witto -
i f 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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 15 of 28
SD99-1
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 necess&ry_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-residency provisions,of the Income Tax Act
by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or his.statutory declaration that he is not then a non-resident of Canada.
14. Rents,:mortgage interest,:taxes, local improvements,.water and assessment rates,and.th.e'cost.of fuel
shall be apportioned and allowed 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.doinc, 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.
t
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 expresse.d.herein in writing. This Agreement shall be:read with all
changes of gender or number required by the context.
19 Vendor undertakes to install and pay for all services required by Durham Region and
Municipality of Clarington to the lot line.
20 Vendor agrees to pass a Part=lot Control by-law splitting the lot to create two;units'at no
expense to the purchaser. before closing
21. Vendor agrees there will be no other expense to the purchaser other than building permit
fees and Development Charges. (lot levies)
22. Vendor.agrees that Building Permits will be available for 2 units per lot. `
23. Vendor to allow purchaser to enter onto property to complete soil testing at
Purchaser's expense. Should test results not satisfy purchaser this offer �.
shall be null and void.
)q �/e.�c1�r ����PI� czY-) Lip _ D a-0
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Dated at Bowmanville
SIGNED, SEALED AND DELIVERED
in the presence of:
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
(Vendor)
(Vendor)
Address
Telephone#:
Vendor's Solicitor:
Page 13 of 28
SD99-1
/i
this -2441 day of September 1999. 1
IN WITNESS whereof I have hereunto set by
hand-and seals ��
�vv ICS
-Sept:24/99-
Date
(Purchaser)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
Date
(Purchaser)
Date
(Purchaser)
Address: 68 King Street East, Bow. ON L1G 3X2
Telephone:
(905) 623-4172
Purchaser's Solicitor: Irwin Hamilton
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Schedule "A"
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FOURTH .STR
VANSTONE COURT
Bowmanville Key Map
Property '1(c)
175 High Street
020-050-07076 , Lot 38, Plan 685
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VANSTONE COURT
Bowmanville Key Map
Property '1(c)
175 High Street
020-050-07076 , Lot 38, Plan 685
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 8 of 28
SD99-1
AGREEMENT OF PURCHASE AND SALE
PURCHASER. ...........Veltri..and.Son Limited ...... ........... offers to buy from
......... ..... .. ..
VENDOR.................CORPORATION OF THE MUNICIPALITY OF CLARINGTON, through Vendor's
AGENT. ...................................................N/A.......................................................... the following
PROPERTY: PROPERTY#1 B, 169 High StPlan 685, Bowmanville, known Municipally as
BOWMANVILLE in the MUNC�IPP�LITY OF and having a frontage of 70' XI�p� more or less;at a Purchase Price of. . Thousand.. Canad� pllars _
($Can. 80rOQ ) on the following terms: �=�J� �i Hundred
s� coo_
1. Purchaser sub with this offer 10% OF THE TOTAL BI PRICE .Fein Thousand......Dollars
) cash/cheque payable to Vendor's Agent as a deposit to be held by him in trust in an
pending comp ion or other termination of this Agreement and to be credited towards the Purchase inter(
Price on completion. bearing
account
2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO USUAL
ADJUSTMENTS.
3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price.
...................................................................... .....................N/A.................................................
4. Purchaser agrees that this Offer shall be irrevocable b him until ..4.:00. i"
y pm on the .1'�'.t'�.. day � � '
of..Q� after which time, if not accepted, this Offer shall be null and void and the deposit shall be ,����'
- ' -- /?mod
rejurned 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.
De-eember-20-t� �' a r-c`-� �.'�t�� 4c- o
5. This Agreement shall be completed on the ...Jj=-M .. Upon completion, vacant
possession of the property shall be given to Purchaser...Vendar..has..thP-.ri .ft..to.. extend` '
�aith..60..days..Frr1t.ts✓n. notice.
6. Purchaser shall be allowed ten (10) -�ays next fo6wing the date of acceptance of this Offer to: examine
the title to the property at his own expense. ...............................................................
........................................................................ .................•.........
7. 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 may
be specifically stipulated hereunder.
.............URBAN RESIDENTIAL TYPE �:IN HOMES
.
.............................................................
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, 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 the supply of domestic utility services to
the property. If within the time allowed for examining the title any valid objection to title, is made in
writing to Vendor and which Vendor is unable or unwilling 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 with
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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 15 of 28
SD99-1
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-residency provisions of the Income Tax Act
by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or his statutory declaration that he is not then a non-resident of Canada.
14. Rents,,mortgage interest, taxes, local improvements, water.and assessment rates and the'cost of fuel
shall'be apportioned and allowed 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.
13. 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.he re in in writing. This Agreement shall be read with all
changes of gender or number required by the context.
9. Vendor undertakes to install and pay for all services required by Durham Region and
Municipality of Clarington to the lot line.
'0 Vendor agrees to pass a Part=lot Control by-law splitting the lot to create two units at no
expense to the purchaser. before closing
11. Vendor agrees there will,be no other expense to the purchaser other than building permit
fees and Development Charges. (lot levies) I el
'2. Vendor agrees that Building Permits will be available for 2 units per lot.
3. Vendor to allow purchaser to enter onto property to complete soil testing at - �
Purchaser's expense. Should test results not satisfy purchaser this offer T"i-It s hall be null and void.
�A. Vendor✓ o S�`ppl c,_-n 4
OT (�:J 4,E1 K nsc,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 10 of 28
SD99-1
Dated at Bowmanville this —24th day of Sept-Er er- 1999. lg
SIGNED, SEALED AND DELIVERED IN WITNESS whereof I.have hereunto set by
in the presence of: hand and seal:
kt � Date haser)
Date
(Purchaser)
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
ACKNOWLEDGEMENT
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
Date
(Vendor) (Purchaser)
Date
(Vendor) (Purchaser)
Address:
Address: 68
King
Street East, Bow, ON L1C 3X2
Telephone #:
Telephone:
(905)
623-4172
Vendor's Solicitor: Purchaser's Solicitor: Irwin Hamilton
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Bowmanville Key Map
Property 1 (b)
1.69 High Street
020-050-07074 , Lot 37, Plan 685
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 5 of 28
AGREEMENT OF PURCHASE AND SALE SD99-1
PURCHASER. ..................Vey tr- „and„Son„Limited ......................... offers to buy from
VENDOR.................CORPORATION OF THE MUNICIPALITY OF CLARINGTON, through Vendor's
PROPERTY: PROPERTY#1A, 163 High Street Lot 36, Plan 685, Bowmanville, known Municipally mg
as
BOWMANVILLE in the NLUNICIPALITY OF CLARIN TgP__a pd having a frontage of 70' XWO', more or less,Qr
at a Purchase Price . .
�nadian Dollars 115
($Can... ,... ,. . on the following terms:
1. Purchaser S m' h this off er 10% OF THE TOTAL BID PRICE .H?cxd .....Dollars'
cash/cheque ue a able to Vendor's in a
�j �.,o J� q payable dor s Agent as a deposit to be held by him in trust .
pehCT1ng comple �i or other termination of this Agreement and to be credited towards the Purchas
inter(
Price on completion. %earim
accoun 1
2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO USUAL
ADJUSTMENTS.
3. Purchaser and Vendor agree that all existing fixtures are included in the purchase price.
...................................................................... .....................N/A.................................................
4. Purchaser agrees that this Offer shall be irrevocable by him until .409..pm. on the ..Ath. day)
of.9 � � after which time, if not accepted, this Offer shall be null and void and the deposit shall be
�
Fetu ned 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. /
9 1Aacci-, aAp�� --;,C,CC, G
5. This Agreement shall be completed on the ...T3� ... Upon completion, vacant �
possession of the property shall be given to Purchaser......Yendor has the .right to extend
the closing date with 60 days._written notice.
For 3C> �0 ��s
6. Purchaser shall be allowed ten (10) days next following the date of acceptance of this Offer to: examine
the title to the property at his own expense. ...............................................................
.....................................................................................................................
7. 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 may
be specifically stipulated hereunder.
.............URBAN RESIDENTIAL TYPE 1.. ..LINK,HOMES.......
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, 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 the supply of domestic utility services to
the property. If within the time allowed for examining the title any valid objection to title, is made in
writing to Vendor and which Vendor is unable or unwilling 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 with
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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Page 15 of 28
SD99-1
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-residency provisions, of the.Income Tax Act
by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or his statutory declaration that he is not then a non-resident of Canada.
14. Rents,mortgage interest, taxes, local improvements, water and assessment rates.pnd.the'cost of fuel
shall be apportioned and allowed 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.
f
19 Vendor undertakes to install and pay for all services required by Durham Region and
Municipality of Clarington to the lot line.
20 Vendor agrees to pass a Part-lot Control by-law splitting the lot to create two units at no
expense to the purchaser. before closing
21. Vendor agrees there will be no other expense to the purchaser other than building permit ;
fees and Development Charges. (lot levies)
22. Vendor agrees that Building Permits will be available for 2 units er lot. (
P Y�
23. Vendor to allow purchaser to enter onto property to complete soil testing at
Purchaser's expense. Should test results not satisfy purchaser this offer %
shall be null and void.
ndor +o on u +o date 6u rve t- o-F
4e prt)pe.rLj c k 4-eir 0y PenSe .
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
Dated at Bowmanville this 24th- day of S�ember 1999
SIGNED, SEALED AND DELIVERED
in the presence of:
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
(Vendor)
(Vendor)
Address:
Telephone #:
Vendor's Solicitor:
IN WITNESS whereof.1 have hereunto set by
hand and seal-
Date &eP-_.-_ �
f f-c aser)
Date
(Purchaser)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
Date
(Purchaser)
Date
(Purchaser)
Page 7 of 28
SD99-1
Address: 68 King Street East, Bow. On L1C 3X2
Telephone: (905) 623-4172
Purchaser's Solicitor: Irwin Hamilton
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Bowmanville Key Map
Property -1 (a)
163 High Street
020-050-07072 , Lot 36, Plan 685