HomeMy WebLinkAbout2004-183
,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004- 183
being a By-law to authorize the Amending Agreement to amend the Agreement of
Purchase and Sale between the Corporation of the Municipality of Clarington and the
Trustees of the Ebenezer Congregation of the United Church of Canada and the
Trustees of the Faith United Church of Canada, in respect to acquisition of 2201
Courtice Road, Part Lot 28, Concession 2, former Township of Darlington, Municipality
of Clarington
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington 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 Corporate Seal, an Amending
Agreement to amend the Agreement of Purchase and Sale between the Corporation of
the Municipality of Clarington and the Trustees of the Ebenezer Congregation of the
United Church of Canada and the Trustees of the Faith United Church of Canada.
BY-LAW read a first time this 28th
day of
June
2004
BY-LAW read a second time this 28th
day of
June
2004
BY-LAW read a third time and finally passed this 28th
day of
June
2004
5ZetW~~
John ,_ ~rr'-Ma1'Or
/.. J"J
7. .,/
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Patti '
THIS AMENDING AGREEMENT made as of the 28th day of June, 2004.
BE TW EE N:
THE TRUSTEES OF THE EBENEZER
CONGREGATION OF THE UNITED CHURCH
OF CANADA and THE TRUSTEES OF THE
FAITH UNITED CONGREGATION OF THE
UNITED CHURCH OF CANADA
(hereinafter called the "Vendors")
OF THE FIRST PART
-and-
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Purchaser")
OF THE SECOND PART
WHEREAS:
A By Agreement dated April 26, 2004 ("Sale Agreement"), the Vendor agreed to
sell the property at 220 I Courtice Road, Courtice, Ontario ("Property") to the Purchase,
subject to the terms and conditions contained therein;
B, The proposed transfer of the Property from the Vendor to the Purchaser which
was proffered for electronic registration on title contained conditions to implement
section 7 of the Sale Agreement. However, electronic registration of the transfer was
refused by the Land Titles office for the Land Titles Division of Durham (No. 40);
C. The parties have agreed to amend the transfer to delete reference to the conditions
provided for in section 7 of the Sale Agreement and to address those conditions by the
amendments to section 7 of the Sale Agreement set out below in this Amending
Agreement,
- 2 -
NOW THEREFORE in consideration of the premises herein contained and the
sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt
whereof by each of the parties is hereby acknowledged) covenant and agree as follows:
1. Subsection 7(1) of the Sale Agreement is deleted and replaced with a new
subsection 7(1) as follows:
"7. (I) The transfer by the Vendor to the Purchaser on the Closing
Date shall be of the fee simple estate in possession of the Property. The
Vendor and Purchaser covenant with each other and agree that either
Vendor may terminate the Purchaser's estate in fee simple if either of the
following events occurs:
(a) the Property is not used as a Park and written notice that the
Purchaser proposed to change the use of the Property
("Notice of Change of Use Proposal") was not given prior
to such change in use to each Vendor;
(b) a Notice of Change of Use Proposal is given to each
Vendor, and either Vendor has, within 120 days of receipt
of such Notice, notified the Purchaser that it will not waive
the right to regain ownership and the Purchaser in fact
ceases to use the Property as a Park.
If either event occurs, within ten (10) business days following a written
notice requiring the Property to be transferred to the Vendor being
received by the Purchaser from either Vendor in accordance with
paragraph 24 of this Agreement, the Purchaser will transfer the Property to
the Vendor for a nominal consideration. Thereupon, the Vendors shall
regain ownership in fee simple in possession of the Property."
2, A new subsection 7(3) is added to the Sale Agreement as follows:
"7(3) The provisions of this section 7 shall survive and not merge on the
completion of this transaction."
3. Except as provided herein, all of the provisions of the Sale Agreement between
the parties remain in full force and effect and time shall remain of their essence.
4. This Agreement shall enure to the benefit of and be binding on the parties hereto,
and their respective successors and assigns.
.
..
- 3 -
IN WIT"ESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
THE TRUSTEES OF THE EBENEZER
CONGREGATION OF THE UNITED
CHURCH OF CANADA
Per: fl ~
Name: Rae Pickell
Title: Chairman of the Board of Trustees
THE TRUSTEES OF THE FAITH
UNITED CONGREGATION OF THE
UNITED CHURCH OF CANADA
Per W~.
Nan#- John Decoe
Title: Chairman ofthe Board of Trustees
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON