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HomeMy WebLinkAbout2004-214 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- 214 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Wilfs Custom Hydraulic Services Limited, Newtonville, Ontario, to enter into agreement for the sale of land located at 4763 Highway No.2, Newtonville, Ontario deemed surplus. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Wilfs Custom Hydraulic Services Limited, Newtonville, 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 12TH day of October, 2004. By-law read a third time and finally passed this 12TH day of October, 2004. CERTIFICATE TO: WILF'S CUSTOM HYDRAULIC SERVICE LTD. RE: The Corporation ofthe Municipality ofClarington (the "Municipality") sale to Wilfs Custom Hydraulic Service Ltd. of 4763 Highway No.2, Newtonville, being Part Lot 3, Concession 2 Clarke, designated as Part 1 on Plan 10R-2797, Municipality of Clarington I, Marie P. Knight Stanley, Deputy Clerk of the Municipality, verify that to the best of my knowledge and belief: (a) A procedural by-law (the "Procedural By-law") as required by section 268(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, was in force in the Municipality at the time a by-law was enacted by the Council of the Municipality declaring the Property surplus and authorizing the sale of the Property; (b) The measures required for giving notice to the public required by the Procedural By- law have been carried out; and (c) The appraisal ofthe fair market value of the Property required by section 268(3) of the Municipal Act, 2001 was obtained. DATED this 23rd day of November, 2004 at The Municipality ofClarington. Page 1 of 1 Knight-Stanley, Marie From: Peacocke, Robin (Heenan Blaikie) [RPeacocke@heenan,ca] Sent: Tuesday, November 23,2004 11 :58 AM To: Knight-Stanley, Marie Subject: Clarington sale of surplus lands Importance: High Further to our telephone conversation, I am attaching a Certificate for your execution, As discussed, please scan the signed Certificate in PDF format (on legal size paper if possible) and email back to me, Could you also please mail me 3 signed originals, For your reference I'm also attaching a PDF copy of the Certificate already signed by Patti Barrie - I've just changed the references to the Municipal Act as I didn't realize until today that I had used an older form. Thank you for your assistance, and if you have any questions, don't hesitate to call, Robin Peacocke Real Estate Law Clerk Heenan Blaikie LLP P.O. Box 185, Suite 2600 200 Bay Street, South Tower, Royal Bank Plaza Toronto, Ontario M5J 2J4 Phone: (416) 643-6847 Fax: (416) 360-8425 CONFIDENTIAl ITY: This message is directed in confidence solely to the persons named above. This message contains privileged confidential information which is not to be disdosed. If you are not an intended recipient of this message or an authorized representative thereof, please contact the sender and then destroy this message as well as all existing copies. Any utilization of this message by a person other than an intended recipient thereof is strictly forbidden. AVIS DE CO:'\:FIDENTIALITE: Ce courrielcontienl des renseignements qui peuvent etre confidentiels ou soumis au secret professionnel de I'avocat. Si vous n'etes pas Ie veritable destinataire, la diffusion ou I'usage de ce courriel, des renseignements qu'il contient ou des documents qui lui sont joints pourrait etre illegal. II est donc strictement interdit de les diffuser ou de les utiliser. 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M 11/23/04 CERTIFICATE TO: WILF'S CUSTOM HYDRAULIC SERVICE LTD, RE: The Corporationofthe Municipality of Clarington (the "MunicipalitY') sale to Wilfs Custom Hydraulic Service Ltd. of 4763 Highway No.2, Newtonville, being Part Lot 3, Concession 2 Clarke, designated as Part 1 on Plan lOR~2797, Municipality of Clarington I, Patti L Barrie, Clerk of the Municipality, verify that to the best of my knowledge and belief: (a) A procedural by. law (the "Procedural By. law") as required by section 193(2) of the Alunicipa/ Act, R.S.o. 1990 c.MA5, as amended, was in force in the Municipality at the time a by-law was enacted by the Council of the Municipality declaring the Property surplus and authorizing the sale of the Property; (b) The measures required for giving notice to the public required by the Procedural By~ law have been carried out; and (e) The appraisal of the fair market value ofthe Property required by section 193 of the AIunicipal Act, was obtained. DATED this II day of November, 2004 at The Municipality of Clarington, I L. BARRIE, CLERK I PeI: I cor::J\J ACKNOWLEDGEMENT AND DIRECTION TO; All lawyers within the firm of Heenan Blaikie LLP Al'iDTO; Any and all designees of the above RE.: The Corporation of the Municipality of ClaringtoD sale to Wilf's Custom Hydraulic Service Ltd. - 4763 Highway No.2, Newtonville This will confirm that: 1) The undersigned has reviewed the information set out below and that this infOlmation is accurate; 2) You are authorized and directed to register electronically on behalf of the undersigned, the documents set out in Schedule "A" hereto and to make such clerical changes thereto as may be required for the purpose of effecting registration; 3) Y QU are hereby authorized and directed to enter into a Document Registration Agreement substantially in the form attached hereto as Schedule "B" and the undersigned acknowledges that the undersigned shaU be bOWld by the terms of that Agreement; 4) The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to the undersigned by our solicitor a;d the undersigned confirms that it is understood that the undersigned is party to and bound by the terms of these electronic documents to the same extent as if the proper signing officers of the undersigned had signed these documents, having authority to bind the corporation; and 5) The individuals signing on behalf of the undersigned have authority to bind the undersigne~ named in the electronic documents described in this Acknowledgement and Direction and such individuals have not misrepresented their identities to you. Dated at Bowmanville this ..ll.- day of November, 2004 THE CORPORATfON OF THE MUNICIPALITY OF CLARlNGTON ~~~ Per: We have the authurity to bind the Corporation G:\R""I b131e\Pcacoch\(:lienl FileslMacoilClarioltfOn\Sale of 476] Hwy 2\doQ;\Ack &I: Dir,dae <;;ch e cl..Je. " A" LRO # 40 Transfer In preparation on 2004 11 01 at 10:31 This document has not been submitted and may be incomplete. I Properlies PIN yyyy mm dd Page 1 of1 Description Address 26673. 0085 L T Estate/Qualifier Fee Simple Lt Conversion Qualified PT L T 3 CON 2 CLARKE PT 1, 10R2797; CLARINGTON 4763 HIGHWAY NO.2 NEWTONVILLE I Consideration Consideration $ 48,900.00 I Transferor(s) The lransferor{s) hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Acting as a company 40 Temperance Street, Bowmanville, Ontario L 1C 3A6 Address for Service This document is not authorized under Power of Auorney by this party. This document is being authorized by a municipal corporation John Mutton * Mayor: and Patti L Barrie - Municipal Cleric I Transferee(s) Capacity Share Name WILF'S CUSTOM HYDRAULIC SERVICE LTD. Acting as a company 4759 Highway 2, Newtonville, Ontario LOA 1JO Address for SaNiee I Statements SC~leduie: STA TEfvtENT OF THE TRANSFEROR (5): The transferor(s) verifies that to the best of the transferor's knowledge and belief, this tra:lsfer does not contravene the Planning Act. I Calculated Taxes Retail Sales Tax Land Transfer Tax $0.00 $0.00 I File Number Tmnsferor Client File Number: 030859.0060 CERTIFICATE TO: WILF'S CUSTOM HYDRAULIC SERVICE LTD, RE: The Corporation of the Municipality ofClarington (the "Municipality") sale to Wilfs Custom Hydraulic Service Ltd. of4763 Highway No.2, Newtonville, being Part Lot 3, Concession 2 Clarke, designated as Part 1 on Plan IOR.2797, Municipality of Clarington .... I, Patti L. Barric, Clerk of the Municipality, verifY that to the best of my knowledge and belief: (a) A procedural by-law (the "Proccdural By.law") as required by section 193(2) of the Municipal Act, R,S.O, 1990 c,MAS, as amended, was in force in the Municipality at the time a by~law was enacted by the Council of the Municipality declaring the Property surplus and authorizing the sale of the Property; (b) The measures required for giving notice to the public required by the Procedural By- law have been carried out; and (c) The appraisal of the fair market value of the Property required by section 193 of the Municipal Act. was obtained. .. DATED this day of November, 2004 at The Municipality of Claringlon. PATTI L. BARRIE, CLERK BETWEEN, ~checL-Je "'g'l DOCUMENT REGISTRA nON AGREEMENT SALMER, STRIKE AND FURLONG (hereinafter referred to as the "POl"chaser's Solicitor") AND, HEENAN BLAIKlE LLP (hereinafter referred to as the "Vendor's Solicitor'") RE: Wilfs Custom Hydraulic Service Ltd. (the "Purchaser") purchase from The Corporation of the Municipality of Clarington (the "Vendor") of 4 763 Highway No.2, Newtonville (the "Property") pursuant to an agreement of purchase and sale dated September 21. 2004 and accepted October 12, 2004 . as amended from time to time (the "Purchase Agreement"), scheduled to be completed on (the "Closing Date") Hoklifl9Oa1iveries InEscrPW Advi$ingQf Concems Wilh Deliveries S8lec1.ingSolicitor Responsible/or Registration Resporl$ibilityof Non-Registerif19 SoIk:itor "" RelellStlot Requisite Deliveries by Non-Registering Solicitor FOR GOOD AND VALUABLE CONSIDERATION (the receipt and sufficiency of which IS hereby expressly acknowledged), the parties hereto hereby undertake and agree as follows: J. Tho:: Vendor's SoLicitor and the Purchaser's Solicitor shall hold all fund~, keys and closing documentation exebanged between them (the "Requisite Deliveries") in escrow, and shaJl not release orodu:twise deal with same except in accordance with the teons of this Agreeml:nt. Both the Vendor's Solicitor and the Purchaser's Solicitorhavc been lIulhori!:cd by their respective clienls to enter into this Agreement. Once the Requisite Deliveries can be released in accordance with the terms of this Agreement, any monies representing payout funds for mortgllges to be discharged shall be 10rwarded promptly to the appropriate mortgage lender. r 2. Each of the parties hereto sllall notify the other as soon as reasonably possible following thdr respective receipt of the Requisite Deliveries (as applicable) orany dcfcct(s) witb respect to ""n~ 3. The Purchaser's Solicitor shall be responsible for the registration of the Electronic Documents (as bereinafter defined) unless the box set out below indico1ting [hat the Vendor's Solicitor wiU be responsible for such registration has bel:n cllecked. For the purposes oCthis Agreement, the solicitor responsible for such registration shall bc referred to as the "Registering Solicitor" and the other solicitor shall be referred to as the "Non.Rcgistcring Solicitor"; Vendor's Solicitor will be registering the Electronic DocuOlellls D 4. The Non-Registerillg Solicitor shall. upon hWhcr receipt and approval of the Requisite Deliveries (as applicable), electronically release for regislnllion the Electronic Documents and shall thereafter be entitled 10 release the Requisite Delivcrics frorn escrow forthwith followillg the earlier of: a) the registration oCthe Elcclrunic Documents; b) the closing time specified in the Pun.:hasc Agreemenl unless a specific time has been inserted as follows I 5:00 p.m. on me Closing Datel (the "Release Deadline"), EIlld provided that notice under paragraph 7 below has 110t betm received: or c) receipt of ootifieation from the Registering Solicitor of the rcgi:o.1ratioll of the Elccuonic Documents. IUhe Purchase Agreement does not specify a closing time and a Release DeadLine has not been specifically inserted lhe Release Deadline sball be 6.00 p.m. on the Closing Dale. ISolicitors should continue to refer to the Law Society of Upper Canada practice guidelines relating to recommended procedures to follow for the discharge of mortg~ges. ~ L Transfer/Deed of Land SCHEDULE "An ~ STATEMENT OF ADJUSTMENTS VENDOR: The Corporation of the Municipality ofClarington PURCHASER: Wilfs Custom Hydraulic Service Ltd., PROPERTY: 4763 Highway No.2, Newtonville, being Part Lot 3, Concession 2 Clarke, designated as Part 1 on Plan lOR-2797, Municipality ofClarington ADJUSTED AS OF: TBA ~ SALE PRICE $48,900.00 DEPOSIT $4,890.00 REALTY TAXES Property currently exempt from realty taxes BALANCE DUE ON CLOSING payable to The Corporation of the Municipality ofClarington $44,010.00 $48,900.00 $48,900.00 E.&O.E. UNDERTAKING TO: Wilfs Custom Hydraulic Service Ltd. AND TO: Salmers, Strike and Furlong, its solicitors herein RE: The Corporation of the Municipality of Clarington sale to Wilfs Custom Hydraulic Service Ltd. 4763 Highway No.2, Newtonville, being Part Lot 3, Concession 2 Clarke, designated as Part I, Plan 10R-2797, Municipality ofClarington IN CONSIDERATION of and notwithstanding the closing of the above transaction, the undersigned hereby undertakes as follows: 1. TO deliver up vacant possession of the premises on closing; and 2. TO readjust, forthwith upon demand any item on tb.e Statement of Adjustments, if necessary. DATED at Bowmanville this 11 day of November, 2004. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,.";', If """" \ ,I , 1//1/ " .J't>,,' ,) , ') , i , " , ! , 'j ~ , Per: Per: . ....: MuriiHpal'Clerk I"~ II 11.'/:;\" , CERTIFICATE TO: WILF'S CUSTOM HYDRAULIC SERVICE LTD. RE: The Corporation ofthe Municipality ofClarington (the "Municipality") sale to Wilfs Custom Hydraulic Service Ltd. of 4763 Highway No.2, Newtonville, being Part Lot 3, Concession 2 Clarke, designated as Part 1 on Plan IOR-2797, Municipality of Clarington . I, Patti L. Barrie, Clerk of the Municipality, verify that to the best of my knowledge and belief: (a) A procedural by-law (the "Procedural By-law") as required by section 193(2) of the Municipal Act, R.S.O. 1990 c.M.4S, as amended, was in force in the Municipality at the time a by-law was enacted by the Council of the Municipality declaring the Property surplus and authorizing the sale of the Property; (b) The measures required for giving notice to the public required by the Procedural By- law have been carried out; and (c) The appraisal of the fair market value of the Property required by section 193 of the Municipal Act, was obtained. DATED this 11 day of November, 2004 at The Municipality ofClarington. . IN THE MATTER OF title to: 4763 Highway No.2, NewlonviJIe, legally described as Part Lot 3, Concession 2, being Part 1 on Plan 10R-2797, Municipality of Clarington, Regional Municipality of Durham AND IN THE MATTER OF the sale thereoffrom The Corporation of the Municipality of Clarington To Wilf's Custom Hydraulic Service Ltd. I, John Mutton, of the Municipality ofClarington, in the Regional Municipality of Durham, DO SEVERALLY SOLEMNLY DECLARE that:, 1. I am the Mayor of The Municipality of Clarington (the "Municipality") and as such have knowledge of the facts hereinafter declared. The Municipality is the absolute owner of the above mentioned lands and either personally or by its tenants has been in actual, peaceable, continuous, exclusive, open, undisturbed and undisputed possession and occupation thereof, and of the houses and other buildings used in connection therewith since December 31, 1998, when the property vested in the Municipality pursuant to Notice of Vesting under the Municipal Tax Sales Act, registered as Instrument No. D528515. 2. The Municipality is not aware of any person or corporation having any claim or interest in the said lands or any part thereof adverse to or inconsistent with registered title. 3. The Municipality's possession and occupation of the above lands has been undisturbed throughout by any action, suit or other proceedings or adverse possession or otherwise on the part of any person whomsoever and during such possession and occupation, no payment has ever been made or acknowledgment of title given by the undersigned, or, so far as I know, by anyone else, to any person in respect of any right, title, interest or claim upon the said lands. 4. To the best of my knowledge and belief, there is no dispute as to the boundaries of the said lands. Except as may be registered on title, I have never heard of any claim of easement affecting the lands, either for light, drainage, or right of way or otherwise. 5. There are no unregistered leases, agreements to lease or options to purchase the lands. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the Municipality of Clarington, in the Regional Municipality of Durham, thisll day. 2004. } ~ (}~. } JOhn~ } } Patti L. Barrie, Clerk Municipality of Clarington Commissioner of Oaths, etc. _,~f" .~., "t....... ~~ CORPOR.lON OF THE MUNICIPALITY OF cl.RINGTON PURCHASING OFFICE SALE OF SURPLUS PROPERTIES Page 4 of 6 SD2004-3 AGREEMENT OF PURCHASE AND SALE PURCHASER, ,t.;jf.I!:.J...c.~5.;;"n,Iir.q(t!':~~...,fe;f.c!r.('E..4zt.offers to buy from VENDOR,CORPORATION OF THE MUNICIPALITY OF CLARINGTON, through Vendor's AGENT,. ....................,.......N/A...................................., the following PROPERTY: 4763 Highway No, 2, PI. 1, 10R-2797, Lot 3, Concession 2, Clarke, known Municipally as NEWTONVILLE in the MUNICIPALITY OF CLARINGTON and having an " ' jl.1~ of ,58 h~ ,(1;43 acres), more or less at a Purchase Price of H ~~iIMf?~..., Canadian Dollars ($Can:r.i.1~~n the following terms: 1, Pu.r~hJJ,rA ljiutlmits with this o~r 10% OF THE TOTAL BID PRICE ~.~~~~Dollars ($..$o:'lf.9.t?~......,) cash/cheque payable to Ven(lor's Agent 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, 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 /~ ~M. on the ....2,.". day of..Z<S>o~.., 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 30th day following acceptance of this offer by the Vendor, unless otherwise agreed in writing by the Vendor and Purchaser, 5. This Agreement shall be completed on the ...TO BE NEGOTIATED... Upon completion, vacant possession of the property shall be given to Purchaser..",."..,.,..,........,.......,....,...,..."...,..",.."...,.."..............."",."".",.",.",."".. . 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. ..'.. ........... ...........GENERAL AGRICULTURAL (A)" ,. ",...... ,."...",., "",..."... 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. , . ' '\ 'r' . -,- CORPOR.lON OF THE MUNICIPALITY OF CIRINGTON PURCHASING OFFICE SALE OF SURPLUS PROPERTIES Page 5 of 6 SD2004-3 10. Purchaser shall not call for the production of any title deed, abstract, surveyor 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, 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. ~,~.. / .Ie,:'-; CORPORA'ON OF THE MUNICIPALITY OF ARINGTON PURCHASING OFFICE SALE OF SURPLUS PROPERTIES Page 6 of6 SD2004-3 Dated at /lJew/rJ,vV;/Ie, this 21 day of S~A;../& _2004, SIGNED, SEALED AND DELIVERED in the presence of: ~ IN WITNESS whereof I Ravi~~~~,~~ hereunto set by had<1:aiid seal~c- . / , / " : ,- c UhtAc~~ ~-//p"(c ~d'~~ ( urchaser) Date Je/Jl:U/~.~ , , 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. 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) Date . (Purchaser) Date (Vendor) (Purchaser) Address: Address: Telephone: Telephone: Vendor's Solicitor: Purchaser's Solicitor: . c DATED AT Bowmanville THIS 12th DAY OF October, 2004. .