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HomeMy WebLinkAboutBy-law 3244/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3244/89 Being a by-law to authorize the execution of an Agreement of Purchase and Sale between the Ministry of Government Services (Ontario Land Corporation) and The Corporation of the Town of Picketing respecting the purchase by the Town of Part Lot 31, Concession 4, Picketing (Part 4, Plan 40R-2225). WHEREAS Ontario Land Corporation owns that part of Lot 31, Concession 4, Picker- ing, designated as Part 4, Plan 40R-2225 which the Town wishes to acquire pursuant to Section 193 of the Municipal Act, R.S.O. 1980, chapter 302, for the purposes of providing a parkette adjacent to and enhancing the Whitevale Branch of the Town of Picketing Public Library. NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement of Purchase and Sale in the form attached hereto as Schedule A between Her Majesty the Queen in right of Ontario as represented by the Minister of Gov- ernment Services (on behalf of Ontario Land Corporation) and the Corporation of the Town of Picketing, whereby the Town will purchase from Ontario Land Corporation that part of Lot 31, Concession 4, Picketing, designated as Part 4, Plan 40R-2225, for the sum of $38,500. second and third time and finally passed this ~ day of Au- BY-LAW read a first, gust, 1989. Wayne Ar~2~urs, Mayor TOWN CF PICKER~;';G A?F LEGAL DEP~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3244/89 Being a by-law to authorize the execution of an Agreement of Purchase and Sale between the Ministry of Government Services (Ontario Land Corporation) and The Corporation of the Town of Picketing respecting the purchase by the Town of Part Lot 31, Concession 4, Pickering (Part 4, Plan 40R-2225). WHEREAS Ontario Land Corporation owns that part of Lot 31, Concession 4, Picker- ing, designated as Part 4, Plan 40R-2225 which the Town wishes to acquire pursuant to Section 193 of the Municipal Act, R.S.O. 1980, chapter 302, for the purposes of providing a parkette adjacent to and enhancing the Whitevale Branch of the Town of Pickering Public Library. NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement of Purchase and Sale in the form attached hereto as Schedule A between Her Majesty the Queen in right of Ontario as represented by the Minister of Gov- ernment Services (on behalf of Ontario Land Corporation) and the Corporation of the Town of Picketing, whereby the Town will purchase from Ontario Land Corporation that part of Lot 31, Concession 4, Pickering, designated as Part 4, Plan 40R-2225, for the sum of $38,500. BY-LAW read a first, second and third time and finally passed this 8.~ day of Au- gust, 1989. Wayne Ar..yhurs, Mayor TOWN OF PICKER~NG A?PFiOVED LEGAL D E P~"~' 88-01-21 Landbank Land SCHEDULE A A - 375 Picketing 89-06-06 AGREEMENT OF PURCHASE AND SALE BETWEEN: HER MAJESTY THE QUEEN in right of Ontario as represented by the MINISTER OF GOVERNMENT SERVICES (hereinafter called "M.G.S,") and THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Purchaser") Under this Agreement M.G.S. shall sell and the Purchaser shall buy the land, hereinafter referred to as the "Land", more particularly described as follows: Approximately 0.287 acres being part of Lot 31, Concession 4, in the Geographic Township of Pickering, now in the Town of Pickering, in the Regional Municipality of Durham and designated as Part 4 on a Reference Plan of Survey deposited in the Land Registry Office of the Land Registry Division of Durham as Plan 40R-2225. DATE OF CLOSING ~ 1. Closing shall take place on the 14th day of ~, 1989. PAYMENT OF PURCHASE PRICE 2. The Purchaser shall pay to M.G,S. the sum of THIRTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS ($38,500.00) in lawful money of Canada, as the purchase price for the Land, made payable to the Treasurer of Ontario, as follows: (a) FIVE THOUSAND DOLLARS ($5,000.00) by cheque or bank draft as a deposit upon the submission of this Agreement to M.G.S. to be credited to the purchase price on the Date of Closing, and (b) the balance of the purchase price, subject to the usual adjustments, by certified cheque or bank draft, on the Date of Closing. INSPECTION AND CONDITION 3. The Purchaser acknowledges having inspected the Land prior to exe.cuting and submitting this Agreement to M.G.S. 4. The Purchaser agrees to purchase the Land in its current condition and agrees that M.G.S. shall not be obliged to perform any work in respect of the Land in order to bring the Land or any part of the Land into compliance with any standards in respect of building, plumbing, heating, electrical wiring and accessories, safety, health, weed control or any other matter whatsoever. The Purchaser also agrees not to make any claim against M.G.S. in respect of any of the work that may be required. VACANT POSSESSION 5. The Purchaser shall have vacant possession of the Land on the Date of Closing. SEVERANCE 6. This Agreement is to be effective only if the pri~visions of Section 49 of the Planning Act, 1983 and all amendments thereto are complied with. The Parties acknowledge that the Purchaser is exempt under clause 49(3)(c) from compliance with Section 49 of the Planning Act, 1983 and agree therefore that no consent will be obtained for the conveyance and transfer of the Land. TITLE 7. The Purchaser shall accept title subject to: {a) all easements existing at the date of acceptance of this Agreement; and (b) other agreements and restrictions on title to the extent that they have been complied with. INVESTIGATION OF TITLE 8. {a) The Purchaser shall have lO days from the date of acceptance by M.G.S. of this Agreement to investigate title at the Purchaser's expense and if within that time the Purchaser furnishes M.G.S. in writing with any valid objection to title which M.G.S. is unwilling or unable to correct, this Agreement shall be terminated notwithstanding any intermediate acts or negotiations with respect to such objection and the deposit money shall be returned to the Purchaser without interest and M.G.S. shall not be liable for any costs or damages. The Purchaser agrees not to call for the production of any title deed, abstract, survey or other evidence of title to the Land except such as are in the possession or control of M.G .S. The title to the Land is held by Ontario Land Corporation. On the Date of Closing M.G.S. agrees to provide and the Purchaser agrees to accept a Transfer/Deed of Land, of the Land from Ontario Land Corporation to the Purchaser, subject to Section 9(b) of this Agreement. ASSIGNMENT OR REGISTRATION g. {a) The Purchaser shall not assign or register this Agreement or any assignment of this Agreement or any part of either or register a Caution in relation thereto without first obtaining the consent of M.G.S. in writing, which consent M.G.S. may arbitrarily withhold. (b) The parties acknowledge that the Purchaser is acquiring the Land described as Part 4 on Plan 40R-2225 under this Agreement on behalf of The Town of Picketing Public Library Board --~ ~L_ ~ .... ~ .... ~A--A~,, ~.^~*~ ~ C S t-- ~A': ..... f:r M C S to PREPARATION OF DOCUMENTS 10. The Transfe~Deed of Land will be prepared by M.G.S. except the A~idavit of Residence and the Value of the Consideration, and each party shall pay its own legal and registration costs. GENERAL 11. The Purchaser warrants that the Purchaser is not a non-resident of Canada pursuant to the Land Transfer Tax Act (Ontario). 12. Time shall be of the essence. 13. Any tender of documents or money hereunder may be made upon M.G.S. or the Purchaser or their respective solicitors on the Date of Closing. 14. Any covenants of this A?eement not completed on or before the Date of Closing shall survive the closing. 15. Signature of this Agreement by the Purchaser and submission thereof to M.G.S. constitutes an offer under seal which is irrevocable until midnight on the 1Otb day of~x~-)~, lgsg. This Agreement when accepted shall constitute a binding contract of Purchase and Sale. 16. This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Land other than exp:ressed herein. 17. Whenever the singular is used in this Agreement it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires.