Loading...
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. \/e n(A d r .+0 p-ov 0 e. n r\ u..p 4-o - +e_ ro pent 0i ��i r �� -nS P � e t On 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 I I K rrErm _:____ FOURTH Schedule "A" 1,. 167lkrv-j MENEM r 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 jummism W J F-- Li W cn C7 O C.7 U MEADOWVIEW cn r—r-T—T--r--, Schedule "A" P N�� FOURTH .STR VANSTONE COURT Bowmanville Key Map Property '1(c) 175 High Street 020-050-07076 , Lot 38, Plan 685 mmmmmmm IN 111 111 11111 VANSTONE COURT Bowmanville Key Map Property '1(c) 175 High Street 020-050-07076 , Lot 38, Plan 685 mmmmmmm 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 Scheudle "A" P`I�NV� w o >- Q GOODWIN ° �vG GNPM LA o U'0� o P w G Q Z CLAYTON CRES." o � o g z U W CLAYTON CRES. w F- CRESCENT Q n EADOW VIEW BOULEVARD m c� o w �� w J _ > cn _ s Ckf y O w BOULEVARD o _ �� o (7 Z7 CD o 0 LORD ELG IN LORD = CRT. SUNIC REST BOULEVARD v MEADOWVIEW PARK EL GIN VAN=No Woo SUNICREST t= cn PUPL/C o Z SCHOOL L CR FOURTH STREET VANSTONE COURT - SUMMERFIELD CRT. SUNSET ROAD 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 0chedule "A" PJ�NV� w Q C G WIN Cv \NGNPM w No�� ooh LEA oR��E NG�OR�N � v0 . Lu P a 2 CLAYTON CRES. _ z � 0 O g Z U � CLAYTON CRES. w Aeft CRESCENT w f EADOW VIEW BOULEVARD m o w -i _ Z > + G Sy o � o w 80 U1-EVARD f � � � J 2 O LORD SUNICREST BOULEVARD ELG IN LORD SUNICREST i= u MEADOWVIEW PARK ELGIN o SCHOOL z CR . FOURTH STREET VANSTONE COURT I -UH SUMMERFIELD CRT. SUNSET ROAD F-- Bowmanville Key Map Property -1 (a) 163 High Street 020-050-07072 , Lot 36, Plan 685