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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 - and - 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 - 3 - \ 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. - 4 - 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 e/s per~