HomeMy WebLinkAboutBy-law 2670/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2670/88
Being a By-law to accept the offer dated January
29, 1988 of Pitney Bowes of Canada Ltd. to pur-
chase that part of Lot 18, Range 3, B.F.C.,
Picketing, designated as Parts 7, 8 and 9, Plan
40R-2638 (except Part 2, Plan 40R-7115), and to
authorize the Mayor and Clerk to execute same on
behalf of the Town.
WHEREAS, pursuant to the provisions of section 210.50 of the Municipal Act, R.S.O.
1980, c.302, and section 131(2) of the Regional Municipality of Durham Act, R.S.O.
1980, chapter 434, as amended, the Council of The Corporation of the Town of
Pickering may pass a by-law to sell that part of Lot 18, Range 3, B.F.C., Picketing
designated as Parts 7, 8 and 9, Plan 40R-2638 (except Part 2, Plan 40R-7115), for
the establishment and carrying on of industries and of industrial operations and uses
incidental thereto;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Corporation of the Town of Pickering hereby accepts the offer dated
January 29, 1988 of Pitney Bowes of Canada Ltd. to purchase that part of Lot
18, Range 3, B.F.C., Pickering, designated as Parts 7, 8 and 9, Plan 40R-2638
(except Part 2, Plan 40R-7115), a copy of which offer is attached hereto as
Schedule A.
2. The Mayor and Clerk are hereby authorized to execute that offer on behalf of
The Corporation of the Town of Pickering.
3. Schedule A hereto shall form part of this by-law.
4. The Town Solicitor is hereby authorized and directed to advise Invar Leasing
Limited of the Corporation's acceptance of the offer referred to in section 1,
which acceptance has the effect of negating the Corporation's conditional accep-
tance, pursuant to By-law 2609/87 of Invar Leasing Limited's offer dated Octo-
ber 22, 1987.
BY-LAW read a first, second and third time and finally passed this 1st day of
February, 1988.
o-n, ~ay-~
TOWN OF
PICKERIN~
APPROVED
LEGAL
SCHEDULE A
.a_~REl~iT made between
PI'~ BOWES OF CANADA LTD.
(hereinafter called the "purchaser")
of the first part
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THE COItPORATION OF THE TOWN OF PI~INO
(hereinafter called the "vendor")
of the seeond part
WlTl~gSSg'l~l TtlAT THE PARTIES AGREE as follows:
1. The purchaser shall purchase from the vendor the
real property situate in the Town of Picketing and being
described as follows{
"Part of Lot 18, Range 3, Broken Front
Concession, being the whole of Parts ? and
8 on Plan 40R-2638 and Part 9 on Plan 40R-2638,
save and except for Part 2 on Plan 40R-?115,
Town of Picketing, Regional Municipality
of Durham"
(hereinafter ealled the "property");
2. The purehase price shall be Two Hundred and
Ninety Thousand -- ($]90,000.00) -- Dollars in lawful
money of Canada.
3. The purchase price shall be paid to the vendor as
follows:
(a) the sum of Ten Thousand -- ($10,000.00) --
Dollars by cheque as a deposit upon the execution of this
Agreement to be held in trust pending completion or other
termination of this Agreement and to be credited on
account of the purchase price on eompleti0n;
2
(b) the sum of Two Hundred and Eighty Thousand
-- ($280,000.00) -- Dollars by cash or certified cheque on
the closing of the transaction. This amount may be
adjusted in accordance with paragraph 4 hereof.
4. The area of the property being purchased is
approximately 3.21 acres. The vendor shall prepare an
up-to-date survey and legal deseription of the lands,
prepared by an Ontario Land Surveyor, together with a
Certifieate of the Surveyor as to the precise area of the
lands to three (3) decimal points. Such survey shall show
the location and area of any rights of way and/or
easements. The purchase price for the lands is based upon
and calculated at the rate of $90,342.68 per acre and the
purchase price shall be increased or decreased as the case
may be, based upon the foregoing price per acre for the
area of the land actually owned and to be conveyed by the
vendor to the purchaser hereunder.
5. The transaction of Purchase and Sale shall be
completed in the Land Registry Office at Whitby on the 2nd
day of May, 1988. Notwithstanding the foregoing, the
purchaser shall have the right to bring the closing date
forward at it's sole option upon giving not less than 30
days notice in writing of the new closing date. Upon
closing, vacant possession of the property will be given
to the purchaser.
6. The vendor represents and warrants that it has no
knowledge of any eontaminents or waste materials being
deposited on the property and no knowledge of any
circumstance or matter about the property which would be a
violation of any of the provisions of The Environmental
Protection Act R.S.O. 1980 c. 141 as amended.
7. (a) Purchaser shall be given until 11:59 p.m. on
February 29, 1988 to examine the title to the property at
its own expense. The title to the property shall be good
and free from all liens or encumbrances. If within the
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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 sueh
objections, shall be at an end and all monies theretofore
paid shall be returned without interest or deduction and
vendor shall not be liable for any costs or damages. Save
as to any valid objection so made by such day and except
for any objection going to the root of title, purchaser
shall be conclusively deemed to have accepted vendor's
title to the property.
(b) Purchaser acknowledges that the title to the
property is subject to a right-of-way over Part 8, Plan
40R~2638 for access purposes to property to the east owned
by one Cecil Salter and the purchaser agrees to accept
title to the property subject to the easement.
(c) 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 the
purchaser as soon as possible and prior to the last day
allowed for e~amining title.
8. Vendor represents and warrants that there are no
local improvement charges or other levies or imposts of
any kind affecting the property.
9. Vendor represents and warrants that the abutting
property being Parts 5 and 6 on Plan 40R-2638 is a Town
road known as Clements Road and is fully maintained by the
Town of Piekering.
10. The deed or transfer, 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.
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11. The purchaser shall have the right to assign this
Agreement of Purchase and Sale at any time to any other
person or company without the consent of the vendor.
Notwithstanding any such assignment, the purchaser
acknowledges and agrees that it will remain fully liable
under and responsible for the performance of the Agreement
of Purchase and Sale.
12. 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 may be specifically
authorized in that regard.
13. Any tender of documents or money hereunder may be
made upon vendor or purchaser or their respective
solicitors on the day set for completion of this
Agreement. Money may be tendered by bank draft or cheque
certified by a Chartered Bank or Trust Company.
14. The vendor warrants that spousal consent is not
necessary to this transaction under the provisions of the
Family Law Act, 1986.
15. 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.
16. This Agreement shall be binding upon and enure to
the benefit of the parties hereto, their respective
successors, representatives or assigns.
IN WITNESS WHE~..OF the parties have hereunto set their
respective hands and seals this 29th day of January, 1988.
SIGNED, SEALED
and DELIVERED
in the presence of
PITNEY BOWES OF CANADA ,L~I)'.
per'~ Steve Walker, President-
THE CORPORATION OF THE TOWN OF
PICKERING
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