HomeMy WebLinkAbout2000-62 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2000- 62
Being a By-law to authorize a purchase agreement between the
Corporation of the Municipality of Clarington and Peter Tzioumis, in
respect to the Purchase of Lot 36, Part of Lot 37, Block P according
to John Grant's Plan in the Town of Bowmanville, known
Municipality as 20 King Street East, Bowmanville.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
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 purchase agreement between Peter Tzioumis and said Corporation.
2. THAT the contract attached hereto as Schedule "A" form part of this By-
law.
By-law read a first and second time this 18 day of May, 2000.
By-law read a third time and finally passed thiS18 day of May, 2000.
NN". ., �.� !
"►,11.
Province Transfer/Deed of Land CAKEsoft Inc. A
of (416)367-0600
--`�- Ontario Form 1 -Land Registration Reform Act 12/1998
(1) Registry ❑ Land Titles (2) Page 1 of pages
(3) Property Block Property
N Identrfier(s) 26627 0089 (LT) Additional:
c-t ❑ L97 s Schedule ❑
(4) Consideration
M Two hundred ninety six thousand dollars
O � ", Dollar$ 296,000.00
z0 :�r - , (5) Description This is a: Property Property ❑
w C3? g— E'�3 y 1 Division ❑ Consolidation
Z) ;`� Lot 36 and part of Lot 37, Block P"on the
t—
LZI T7 ; north side of King Street, according to John
LL I- ,) Grant's Plan, in the Municipality of
New Property Identif&r4 � �- " Clarington (formerly the Town of Bomanville)
O v Additional- in the Regional Municipality of Durahm,
LL Schedule El as more particularly described �
t.� � f z
Executions
Additional:
See ❑
Schedule
(6) This (a) Redescription (b)Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch ❑ Description V Parties ❑ Other
(8) Transferor(s)The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
Name(s) 8 ONTARIO LIMITED -- _......_..-- - Per:ture(s _ 2000 06 D
Name: ino Flountalis
Title: President
-............_..............._............_.......__........_........._-----.._.....-............._.........---_....__......................__......_......_..-_.._....-- --- — —...--.. ._.._. __._..._------..--- ..._..---...._..........__._.........._.................................----.....----
_We._have_authority_.-to bind the_corporation...................._..._............._.----.-_-..._ Per:....._. _---._.. ... ............._...__._....:---.._............._._....__.._____._............_2.00.0.._..........._06.11_
Nam r Tzioumis
Title: Secretary/Treasurer
(9) Spouse(s)of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
-- ----
(10) Transferor(s)Address
for Service 125 Moatfield Drive Don Mills, Ontario M3B 31_6
(11) Transferee(s) Date of Birth
Y M D
THE CORPORATION OF THE MUNICIPALITY OF
-CLARI PN GTO PT..___.------
I
(12) Transferee(s)Address
for Service ? b�
(13) Transferor(s)The transferor verifies that to the best of the transferors knowledge and belief,this transfer does not contravene section 50 of the Planning Act
Date of Signature Date of Signature
Y M D y M D
Signature ___._.__—� Signature
Solicitor for Transferor(s)I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
determine that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and
C
belief,this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of SignaturDe
Name and M
CL C Address of
C) Solicitor Signature __... -- _-_______-- _____- _-.___-_--
Q (14)Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title
records reveal no contravention as set out in subclause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer
= a m does not contravene section 50 of the Planning Act I act independently of the solicitor for the transferors)and I am an Ontario solicitor in good standing.
c m
co m N
:o E 5
i] o Date of Signature
�,o= Name and
x o m Address of �...................
Solicitor
coSignature ....................._..._..—........_.._._.. --........_...._.._._...........-_-..._.__...._..--_.....-.I
(15) Assessment Roll Number Cty. Mun. Map Sub. Par. r Fees �fl
of Property 18 17 020 070 09500 j z Registration Fee�
06) Municipal Address of Property (17) Document Prepared by: L /
20 King Street East Peter M. Meyrick 97-0399 Land Transfer Tax
Clarington, Ontario MacDonald Porter Drees 0
L1C 1113 Barristers&Solicitors o
65 Queen Street West, 17th Floor o
Toronto, Ontario M5H 2M5 0 Total
Do Process Software Ltd. " (416)322-6111 0000307 Affidavit of Residence and of Value of the Consideration
Refer to all'instructions on reverse side. Form 1 — Lard Transfer Tax Act
iN THE MATTER OF THE CONVEYANCE OF (Insert briefdescriptionofland) Lot 36 and Part of Lot 37 Block P John Grant's Plan
Municipality.of Clarington (formerly Town of Bowmanville)
PIN No. 26627-0089 (LT)
BY (print names of all transferors in full) 1095888 ONTARIO LIMITED
TO (see instruction 1 and printnames ofall transferees in full) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
1, (see instruction 2 and print name(s)in full) PATTI BARRIE
MAKE OATH AND SAY THAT:
I. I am(place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)):(see instruction 2)
(a) A person intrust for whom the land conveyed in the above-described conveyance is being conveyed;
(b) A trustee named in the above-described conveyance to whom the land is being conveyed;
(c) A transferee named in the above-described conveyance;
F] (d) The authorized agent or solicitor acting in this transaction for(insertname(s)ofprincipal(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
(e) The President,Vice-President,Manager,Secretary,Director or Treasurer authorized to act for(insertname(s)ofcorporadon(s))
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
described in paragraph(s) (a), (b), (c) above;(strike out references to inapplicable paragraphs)
(f) A transferee described in paragraph( ) Imsert only one ofparagraph(a),(b)or(c)above,as applicable)and am making this affidavit on my own behalf and on
behalf of(insert name ofspouse) who is my spouse described
in paragraph( ) (nsertonlyone ofparagraph(a),(b)or(c)above,asapp/icable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds$400,000).
1 have read and considered the definition of"single family residence"set out in clause 1(1)0a)of the Act. The land conveyed in the above-described conveyance
contains at least one and not more than two single family residences. Note:Clause 2(1)(d)imposes an additional tax at the rate of one-half of one per
does not contain a single family residence. cent upon the value of consideration in excess of$400,000 where the conveyance
contains more than two single family residences. (see instruction 3) contains at least one and not more than two single family residences.
3. 1 have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act. (see instructions 4 and 5)
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . .
. .$ 296,000.00
(b)Mortgages(i)Assumed (show principal and interest to be credited against purchase price)
$ Nil
(ii)Given back to vendor . . . . . . . . . . . . . . . . . . . .
. .$ Nil
(c)Property transferred in exchange(detail below) . . . . . . . . . . . . . . .
. .$ Nil
All Blanks
(d)Securities transferred to the value of(detail below) . . . . . . . . . . . . . .
. .$ Nil
(e)Liens, legacies,annuities and maintenance charges to which transfer is subject . .
. .$ Nil
Must Be
(f)Other valuable consideration subject to land transfer tax(detail below)
.$ Nil
Filled/n.
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
Insert"Nil"
LAND TRANSFER TAX (Total of(a)to(f)) _
.$ 296,000.00$
296,000.00 Where
(h) VALUE OF ALL CHATTELS —items oftangible personal property
Applicable
(Retail Sales Tax is payable on the value of all chattels un less exempt under
the provisions of the"Retail Sales Tax Act",R.S.O.1980,c.454,as amended) . . . . . .
. . . . . . . . . . . .$
Nil
(i)Other consideration for transaction not included in (g)or(h)above . . . . . . . .
. . . . . . . . . . . .$
(j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .$
296,000.00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (seeinstruction s)
6. If the consideration is nominal,is the land subject to any encum brance?
7. Other remarks and explanations,if necessary.
Sworn before me at the City of Bowmanville
in the Regional Municipality of Durham
this /57'- day of June 2000
WIN
A
AT7C� ✓ T� signatures)
Property Information gt�tiord For Land Registry Office Use Orly
A. Describe nature of instrument: Transfer/Deed of Land Registration No.
B. ()Address of property being conveyed(rfavailable) 20 King St E Bowmanville
(ii)Assessment Roll No.Of available) 18 17 020.070 09500
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(seeinstruetion7) 40 Temperance Street,Bowmanville ON L1C 3A6 Registration Date Land Registry Office No.
D. (i)Registration number for last conveyance of property being conveyed(If available) D440122
(ii)Legal description of property conveyed: Same as in D.(i)above. Yes❑X No Not known R
E. Name(s) and address(es) of each transferee's solicitor
Robins,Appleby & Taub
130 Adelaide Street West Suite 2500, Toronto Ontario, M5H 2M2
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes❑ No n
(b) If Yes,do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No
(c) Do all individual transferees have French Language Education Rights? Yes n No n
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes E] No
NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b) 0449D(90-09)
Do Process Software Ltd. • (416)322-6111 0000307 Affidavit of Residence and of Value of the Consideration
F:eferto,all instructions on reverse side. Form 1 — Land Transfer Tax Act
!N THE MATTER OF THE CONVEYANCE OF (nsertbriefdescriptionoflandJ Lot 36 and Part of Lot 37, Block P John Grant's Plan
Municipality of ClarinZon (formerly Town of Bowmanville)
PIN No. 26627-0089 (LT)
BY (print names ofall transferors in full) 1095888 ONTARIO LIMITED
FO (see instruction land print names ofall transferees in full) THE CORPORATION OF THE MUNICIPALITY OF LARIN TON
I, (see instruction 2 and print names)in full) PATTI BARRIE
MAKE OATH AND SAY THAT:
1. 1 am(place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s));(see instruction 2)
(a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
F1 (c) A transferee named in the above-described conveyance;
n (d) The authorized agent or solicitor acting in this transaction for(insertname(s)ofprincipal(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
0 (e) The President,Vice-President,Manager,Secretary,Director or Treasurer authorized to act for(rnsertname(s)ofcorporation(s))
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
(fj Atransferee described in paragraph( ) (nsert onlyoneofparagraph(a),(b)or(c)above,asapplicable)and am making this affidavit on my own behalf and on
behalf of(insert name ofspouse) who is my spouse described
in paragraph( ) (nsertonlyone ofparagraph(a),(b)or(c)above,as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds$400,000).
1 have read and considered the definition of"single family residence"set out in clause 1(1)(ja) of the Act. The land conveyed in the above-described conveyance
contains at least one and not more than two single family residences. Note.Clause 2(1)(d)imposes an additional tax at the rate of one-half of one per
❑does not contain a single family residence. cent upon the value of consideration in excess of$400,000 where the conveyance
contains more than two single family residences. (seeinstruction 3) contains at least one and not more than two single family residences.
3. 1 have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act. (see instructions 4 and 5)
,. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . .
. .$ 296,000.00
(b)Mortgages(i)Assumed(show principal and interest to be credited against purchase price)
$ Nil
(ii)Given back to vendor . . . . . . . . . . . . . . . . . . . .
. .$ Nil
(c)Property transferred in exchange(detail below) . . . . . . . . . . . . . .
$ Nil
(d)Securities transferred to the value of(detail below) . . . . . . . . . . . . . .
. .$ Nil
(e)Liens, legacies,annuities and maintenance charges to which transfer is subject . .
. .$ Nil
(f)Other valuable consideration subject to land transfer tax(detail below) . . . . . . .
.$ Nil
(g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(t))
.$ 296,000 00$ 296,000 00
(h) VALUE OF ALL CHATTELS —items oftangible personal property
(Retail Sales Tax is payable on the value of all chattels unless exempt under
the provisions of the"Retail Sales Tax Act",R.S.O.9980,c.454,as amended) . . . . . .
. . . . . . . . . . . .$ Nil
(i)Other consideration for transaction not included in(g)or(h)above . . . . . . . .
. . . . . . . . . . . .$ Nil
(j) TOTAL CONSIDERATION . . . .
296,000.00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance.(see instruction s)
6. If the consideration is nominal,is the land subject to any encumbrance?
7. Other remarks and explanations,if necessary.
Sworn before me at the Ulty of Bowmanville
in the Regional Municipality of Durham
this /5� day of June 2000
A
Property Information
A. Describe nature of instrument: Transfer/Deed of Land
B. (i)Address of property being conveyed(ifavaaable) 20 King St E., Bowmanville
All Blanks
Must Be
Filled In.
Insert'Nil"
Where
Applicable
n Assessment Roll No. (favailable) 18 17 020 070 09500
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) 40 Temperance Street Bowmanville ON L1C 3A6
D. ()Registration number for last conveyance of property being conveyed rrfavailable) D440122
For Land Registry Office Use Only
Registration No.
Registration Date
FLandRegistry Office No.
(n)Legal description of property conveyed: Same as in D.()above. Yes QX No Not knownEl
E. Name(s) and address(es) of each transferee's solicitor
Robins,Appleby& Taub
130 Adelaide Street Wet Suite 2500, Toronto, Ontario M5H 2M2
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes[:] No R
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes E] No R
(c) Do all individual transferees have French Language Education Rights? Yes R No❑
(d) If Yes,do all individual transferees wish to support the French Language School Board (where established)? Yes El No R
NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 0449D(90-09)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SD99-1
AGREEMENT OF PURCHASE AND SALE
PURCHASER. ................MUNICIPALITY OF CLARINGTON....................... offers to buy from
VENDOR.................1095888 Ontario Limited, through Vendor's AGENT,
N/A......................................................... the following
PROPERTY: Part Lots 36, 37, John Grant's Plan Block P, north side of King Street known Municipally as
BOWMANVILLE in the MUNICIPALITY OF CLARINGTON and having a frontage of 100' X 164', more or less,
at a Purchase Price of two hundred and ninety-five thousand dollars (see paragraph 24) Canadian Dollars
($Can... 88 ..........) on the following terms:
1. Purchaser submits with this offer 5% OF THE TOTAL BID PRICE ......$14,800.00...in Canadian
Dollars, cash/cheque payable to Vendor's Solicitor as a deposit to be held by him in trust pending
completion or other termination of this Agreement and to be credited towards the Purchase Price on
completion.
2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO USUAL
ADJUSTMENTS.
......................................................................................................................
.........................................................................................................................
...........................................................................................................................
3. Qurahare.r_a.nd\IQnrinr nnreo fk + • II _fiv+i irro� n ;. I RAJ A *. 44— ___ ._____
4. Vendor agrees that this Offer shall be irrevocable by him until ...4 pm.... on the ...17th.... day of May
unless otherwise agreed in writing by the Vendor and Purchaser, after which time, if not accepted, this
Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction,
not later than the 5th day following acceptance of this offer by the Vendor.
5. This Agreement shall be completed no later than June 1-6-, 2000. Upon completion, vacant possession
of the property shall be given to Purchaser.............................................................
......................................................................
6. Purchaser shall be allowed thirty (30) 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.
............................................................................................
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 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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
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. Taxes, local improvements, water and assessment rates 1 shall be apportioned and
adjusted and allowed to the date of completion.
15. The deed or transfer shall, save for the Land Transfer Tax Affidavit, which shall be prepared and
completed by the Purchaser shall be prepared in registrable form at the expense of Vendor.
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.
19. a) Vendor will deliver to the Purchaser within 10 days of acceptance of the offer, letters of
authorization as may be requested by the Purchaser as to compliance and other matters
respecting the property.
b)
, I
Vendor will deliver to the Purchaser within 10 days of acceptance of this offer an Environmental
Site Assessment that would address the concerns raised by Conestoga Rovers &Associates
initial report of November 19, 1998. The Purchaser will be responsible for the costs of the further
environmental testings up to a maximum of$6,000.00.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SD99-1
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
(Vendor)
(Vendor)
Address:
Telephone#:
Date
endor) /
Date
(Vendor)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed
copy of this accepted Agreement
of Purchase and Sale, and direct my
agent to forward a copy to my
solicitor.
Address: 40 Temperance Street
Bowmanville, Ontario LIC 3T3
Telephone: 905-623-3379
Vendor's Solicitor: Purchaser's Solicitor: D. Hefferon
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SD99-1
AGREEMENT OF PURCHASE AND SALE
PURCHASER. ................MUNICIPALITY OF CLARINGTON....................... offers to buy from
VENDOR.................1095888 Ontario Limited, through Vendor's AGENT,
N/A......................................................... the following
PROPERTY: Part Lots 36, 37, John Grant's Plan Block P, north side of King Street known Municipally as
BOWMANVILLE in the MUNICIPALITY OF CLARINGTON and having a frontage of 100' X 164', more or less,
at a Purchase Price of two hundred and ninety-five thousand dollars (see paragraph 24) Canadian Dollars
($Can....295,000.00....................) on the following terms:
Purchaser submits with this offer 5% OF THE TOTAL BID PRICE ......$14,800.00...in Canadian
Dollars, cash/cheque payable to Vendor's Solicitor as a deposit to be held by him in trust pending
completion or other termination of this Agreement and to be credited towards the Purchase Price on
completion.
2. Purchaser agrees to PAY BALANCE OR PURCHASE PRICE ON CLOSING SUBJECT TO.USUAL
ADJUSTMENTS.
- - -
4. Vendor agrees that this Offer shall be irrevocable by him until ...4 pm.... on the ...17th.... day of May
unless otherwise agreed in writing by the Vendor and Purchaser, after which time, if not accepted, this
Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction,
not later than the 5th day following acceptance of this offer by the Vendor.
5. This Agreement shall be completed no later than June 16, 2000. Upon completion, vacant possession
of the property shall be given to Purchaser.............................................................
6. Purchaser shall be allowed thirty (30) 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.
............................................................................................
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 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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
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. Taxes, local improvements, water and assessment rates -Al shall be apportioned and
adjusted and allowed to the date of completion.
15. The deed or transfer shall, save for the Land Transfer Tax Affidavit, which shall be prepared and
completed by the Purchaser shall be prepared in registrable form at the expense of Vendor.
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.
19. a) Vendor will deliver to the Purchaser within 10 days of acceptance of the offer, letters of
authorization as may be requested by the Purchaser as to compliance and other matters
respecting the property.
b)
below, which4AI
Vendor will deliver to the Purchaser within 10 days of acceptance of this offer an Environmental
Site Assessment that would address the concerns raised by Conestoga Rovers &Associates
initial report of November 19, 1998. The Purchaser will be responsible for the costs of the further
environmental testings up to a maximum of$6,000.00.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SD99-1
aaaQrdamae with Pa;agpapl; 24.
Dated at this day of
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#:
IN WITNESS whereof I have hereunto set by
hand and seal:
Date
;Vendor)
Date
;Vendor)
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:
Telephone:
Vendor's Solicitor: Purchaser's Solicitor: