Loading...
HomeMy WebLinkAboutTM-34-79 TM-34-79 T0: Chairman and 2,4--mbers of the Finance and Administration Committee FROM: A. C. Guiler DATE: March 12th, 1979 SUBJECT: Baseline Community Centre in June of 1978 Council received an expropriation notice for the Baseline Community Centre together with an agreement of Purchase and Sale from Ontario Hydro. The Treasurer and the Town Manager were asked to comment on this offer and at that time our recommendation to Council was that the offer not be accepted due to the fact that in the Hydro submission no consideration was given to the offer for the replacement of an existing utility. The Council of the day approved this recommendation and referred the matter back to staff for further negotiation with Ontario Hydro. On February 6th, 1979 the attached offer was received from the Ontario Hydro, Property Agent with a revised offer which has given due consideration to the concerns of Council. The new offer in the amount of $69,300.00 gives consideration to the loss of the existing utility and in view of the attached memorandum from the Treasurer we would respectfully recommend to Co=ittee as follows: 1. That a meeting be arranged with the Baseline Community Centre Board to present this proposal from Hydro. 2. That we enter into an agreement with Hydro to use the existing facility until May lst, 1981. 3. That the Community Services Committee consider and recommend to Council on the need for a new facility in the area of the present Baseline Community Centre. 0 51>/, P.O. Box 936,2nd Floor,1 011 William St. W. Cobourg,Ontario K9A 4W4 February 2, 1979 NK 12 X 35 P (A-44) Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Mr. Guiler, Town Manager Dear Sir: SUBJECT: Base-Line Community Centre Thank you for meeting with us or, January 30, 1979, at which time we discussed certain items. I would like to confirm these with this letter. The previous offer of compensation failed to recognize any equivalent reinstatement, and based on this, you felt you could not recommend acceptance to council. The latest offer did attempt to support equivalent reinstatement and we discussed how this was arrived at. Future and continued use of these facilities by the community was also discussed. Upon checking with our ' in-servicet construction date, I am informed the group may utilize the facilities until May 1, 1981, on a regular basis. After that it may be on a request basis depending on specific demolition date of the building. I have also enclosed three copies of the Agreement for Compensation for your consideration, which indicate the higher value due to loss of utility. I trust this accurately describes our discussion and trust it will meet with your approval. Yours very truly, D. Chafer Property Agent DC/br Enc. : 3 I I MEMORANDUM TO: A. C. GANA FROM: K. DeG-'toot DATE: Match Z.t, 1979 SUBJECT: Expoopoiation - Baseline Community Cen the I Have examined the subject o6jeo loom OntWo Nydno of $5 9,300. lot the subject pro petty and kind it most aceeptabte and would recommend its acceptance. I .showed point out that in my memona.ndum on June 28th, 1975 I estimated the eort of eonUucctZng a building of compatcake size at $45, 000. 00 added to that,the coat of -hand of $20, 000. 00 to $30,000. 00 would putt this ofleo might in the mid-range of neptacement. K. DeGnoot. i i 4 AGREEMENT OF PURCHASE AND SALE I/WE , . . , , , . The. Corporation. of. the.Town.of Newcastle . . . . . . . . . . . , _ . . . . , of the Town. . . . . . of Newcastle. . . . . . . . . in the Regional Municipality Of . . . . . . Durham (as vendors) hereby agree to and with Ontario Hydro (as purchaser) to sell all and singular the premises situate in the xx . _ . Town of. Newcastle. . . . . . . . . . . . . . . . .in the ,Regional Municipality. . . . of . , . , . . . Durham. (herein called "the real property") described as follows: Part of Lot 21, Concession 1, Town of Newcastle and shown as Part 2 on Plan 213/ 214TD2630OZ, and registered in the Land Registry Office for the Registry Division of Newcastle as No. 88192. at the price or sum of Sixty-nine Thousand, Three Hundred ($69,300.00)------------- as follows: Dollars Ten percent of the purchase price by cheque to the Vendor' s Solicitor as a deposit upon acceptance of this Agreement of Purchase and Sale by the Purchaser to be held in escrow until completion of this sale and the balance of the purchase price by cheque, on closing, to the Vendor, subject to adjustments. The Purchaser reserves the right to assume any existing mortgages registered against the real property if it so desires and adjustment of the balance due on closing will be made accordingly if any mortgages are assumed. The Vendor acknowledges and agrees that the purchase price herein includes compensation in full for all interests in land (which interest shall not merge in the fee upon completion of the Purchase and Sale herein) arising out of an expropriation by Ontario Hydro by virtue of the expropriation registered as Instrument Number . . . . . . . . . . . . and that any monies paid by Ontario Hydro with respect to the said expropriation shall be deducted from the purchase price herein, and possession of the rights expropriated shall be granted by the Vendor upon acceptance of this Agreement of Purchase and Sale by the Purchaser. The Vendor covenants and agrees to execute a Release with respect to compensation payable by virtue of the said expropriation and to obtain Releases from such other owners as defined by The Expropriations Act with respect to compensation payable therefor. The following items, the property of the Vendor, shall be included in this sale for the price above mentioned: - NOT APPLICABLE - -z- This Agreement shall be conditional upon the Vendor, at his own expense, complying with the provisions of the Planning Act and any amendments thereto. PROVIDED the title is good and free from all encumbrances, except local rates, and except as aforesaid; said title to be examined by the Purchaser at its own expense, and the Purchaser is not to call for the production of any title Deed, Abstract of Title, Survey, Proof or Evidence of Title, or to have furnished any copies thereof, other than those in Vendor' s possession or under his control. Provided the same have been complied with, the Purchaser accepts the property subject to municipal requirements, including building and zoning by-laws, and to restrictions and covenants that run with the land. The Purchaser to be allowed up to the time of closing to investigate the title at its own expense, and if within that time he shall furnish the Vendor in writing with any valid objection to the title which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, this Agreement shall, notwith- standing any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. This Offer shall be accepted by the Purchaser by , Apri1_ ls_t • • 1974. otherwise void, and may be accepted by a letter delivered to the Vendor or mailed postage prepaid and registered, addressed to the Vendor and deposited in a post office on or before the aforesaid date, and sale to be completed on or before the day of . . . . .MaY. . . . . . . . . . . . 1 9.7 on which date vacant possession of the said premises is to be given to the Purchaser, or he is to accept the present tenancies and to be entitled to the receipt of the rents and profits thereafter. This Offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respects shall be the essence of this Agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement or the real. property or supported hereby other than as expressed herein in writing. Until completion of sale, all buildings and equipment on the property shall be and remain at the risk of the Vendor until closing and the Vendor will hold all policies of insurance effected on the property and the proceeds thereof in trust for the parties hereto, as their interests may appear. In the event of damage to the said buildings and equipment before the completion of this transac- tion, the Purchaser shall have the right to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupon the Purchaser shall be entitled to the return without interest of all monies theretofore paid on account of this purchase. Unearned Fire Insurance Premiums, Fuel, Taxes, Interest, Rentals and all Local Improvements and Water Rates to be proportioned and allowed: to date of completion of sale; the Deed or Transfer shall, save for the Land Transfer Tax, Affidavits, be prepared in registrable form at the expense of the Vendor and any mortgage at the expense of the Purchaser. Time shall be, in all respects, of the essence hereof. 9 -3- Vendor covenants and agrees that he will on or befort closing provide to Purchaser either the Certificate of the Minister of Revenue of Ontario that no lien is claimed under The Land Speculation Tax Act, 1974, or an Affidavit in prescribed form that this transfer is exempt from said tax pursuant to The Act. Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender is desired and it shall be sufficient that a negotiable cheque may be tendered instead of cash. Each party is to pay the costs for registration and taxes on his own documents. Whenever the singular or masculine are used in this Offer, they shall mean and include the plural, feminine and neuter if the context or the parties hereto so require. DATED at this day of 19— SIGNED, SEALED A14D DELIVERED ) IN WITNESS WHEREOF have hereunto set hand and seal } in the presence of ) } ) Vendor ) ) Vendor s