HomeMy WebLinkAboutBy-law 3206/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3206189
Being a by-law to authorize the execution of
Agreements of Purchase and Sale between The
Corporation of the Town of Picketing and the
Durham Board of Education respecting Town lands
in Lot ZZ, Concession Z, Picketing and Board
lands in both Lot 20, Concession 1, Picketing and
Lot 22, Concession Z, Pickerin$.
WHEREAS The Durham Board of Education owns certain lands in Lot 20, Concession 1,
Pickering, designated as Parts 4, 5 and 7, Plan 40R-6545, which are surplus to its
needs; and
WHEREAS The Durham Board of Education may acquire lands in Lot,22, Concession 2,
Picketing, a part of which will be surplus to its needs; and
..
WHEREAS The Corporation of the Town of Picketing owns certain lands in Lit 22,
Concession 2, Pickering, having a frontage of 561 feet on the east side of Liverpool
Road, which are surplus to its needs; and
WHEREAS, pursuant to the provisions of sections 170 and 171 of the Education Act,
R.S.O. 1980, chapter 129 (as amended) and section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Board and the Town wish to exchange those surplus lands, so
that the Board may develop the Town's lands for high school purposes and the Town
may develop the Board's lands for recreational purposes;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute three Agreements of
Purchase and Sale, in the form attached hereto as Schedules A, B and C be-
tween the Durham Board of Education and the Corporation of the Town of
Picketing, whereby,
(a) the Town will purchase the Board's Lands in Lot 20, Concession 1,
Picketing (Parts 4, 5 and 7, Plan 40R-6545), for the sum of
$1,365,000;
(b) the Town will sell 8.8 acres of its lands in Lot 22, Concession 2,
Picketing, to the Board for the sum of $1,980,000; and
(c) the Town will purchase part of lands the Board intends to acquire in
Lot 22, Concession 2, Picketing, for the sum of $278,125.
BY-LAW read a first, second and third time and finally passed this 19th day of June,
1989.
TOWN OF
PICKERING ~c~
APPROVED
,~ . y 6r~.Mrk
LEGAL
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3206/89
Being a by-law to authorize the execution of
Agreements of Purchase and Sale between The
Corporation of the Town of Picketing and the
Durham Board of Education respecting Town lands
in Lot 22, Concession 2, Pickering and Board
lands in both Lot 20, Concession 1, Picketing and
Lot 22, Concession 2, Picketing.
WHEREAS The Durham Board of Education owns certain lands in Lot 20, Concession 1,
Picketing, designated as Parts 4, 5 and 7, Plan 40R-6545, which are surplus to its
needs; and
WHEREAS The Durham Board of Education may acquire lands in Lot 22, Concession 2,
Pickering, a part of which will be surplus to its needs; and
WHEREAS The Corporation of the Town of Picketing owns certain lands in Lot 22,
Concession 2, Pickering, having a frontage of 561 feet on the east side of Liverpool
Road, which are surplus to its needs; and
WHEREAS, pursuant to the provisions of sections 170 and 171 of the Education Act,
R.S.O. 1980, chapter 129 (as amended) and section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Board and the Town wish to exchange those surplus lands, so
that the Board may develop the Town's lands for high school purposes and the Town
may develop the Board's lands for recreational purposes;
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 three Agreements of
Purchase and Sale, in the form attached hereto as Schedules A, B and C be-
tween the Durham Board of Education and the Corporation of the Town of
Pickering, whereby,
(a) the Town will purchase the Board's Lands in Lot 20, Concession 1,
Picketing (Parts 4, 5 and 7, Plan 40R-6545), for the sum of
$1,365,000;
(b) the Town will sell 8.8 acres of its lands in Lot 22, Concession 2,
Picketing, to the Board for the sum of $1,980,000; and
(c) the Town will purchase part of lands the Board intends to acquire in
Lot 22, Concession 2, Picketing, for the sum of $278,125.
BY-LAW read a first, second and third time and finally passed this 19th day of June,
1989.
I Wayne A~,~hurs, Mayor
TOWN
OF
PICKERING ...~_ ~/
~APPROVED ~;/- ~.,.~ ~_~_,~ /'"
/ Bruce Taylor, ~rk
SCHEDULE A
· ~.GIlEEMIgNT OF PURCHASE AND SALi~
PURCHASER, THE CORPORATION OF THE TOWN OF PIC:KIZRIIgG,
offers to buy from VENDOR, THE DURHAM BOARD OF EDOCATION,
the following:
PROPERTY: described as Part Lot 20, Concession 1 in the
Town of Picketing, being Parts 4, 5 and 7, Plan 40R-6545
and shown outlined in red on the survey attached hereto as
Schedule "A"
at the PURCHASE PRICE OF Ol~ MILLION ~'d~K
SIXTY-FIVE THO~JSAND Canadian {)oilers ({ C~n. 1,36S,000.00)
on the following terms:
1. (a) Purchaser submits with this offer
($1.00) cash as a deposit to the Vendor to be
held by it pending completion or termination of
this Agreement and to be credited on account
the Purchase Price on closing.
(b) Purchaser agrees to pay to the Vendor the balance
of the Purchase Price, subject to the usual
adjustments, by cash or certified cheque on
closing of this transaction.
2. This Agreement is conditional upon the completion
of an Agreement of even date between the parties
hereto where the Vendor herein is the Purchaser
and the Purchaser herein is the Vendor of certain
lands described as Part Lot 22, Concession 1,
failing which this Agreement shall be null and
void.
3. Purchaser agrees that this Offer shall be
irrevocable by him until 11:59 p.m. on the 30th
day of June, 1989, 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.
4. Purchaser shall be allowed until 11:59 p.m. on
the 20th of December, 1989, to{ examine the
title to the property, at his own expense, to
satisfy himself that there are no outstanding
work orders affecting the property, that its
present use may be lawfully continued, and that
the principal building may be insured against
risk of fire.
5. This Agreement shall be completed on the 2nd day
of January, 1990. Upon completion vacant
possession of the property shall be given to the
Purchaser.
6. Provided that the title to the property is good
and free from all encumbrances except as
aforesaid 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
-2-
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, or to any outstanding work
order, or to the fact the said present use may
not lawfully be continued, or that the principal
building may not be insured against risk of fire
is made in writing to Vendor and which Vendor is
unable or unwilling to remove, remedy or satisty
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 or damages. Save as to
any valid objection 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.
?. 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.
8. 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
elsewhere in this Agreement.
9, 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 Purchaser as soon as possible and
prior to the last day allowed for examining
title. In the event that a discharge of any
mortgage or charge held by a Chartered Bank,
Trust Company, Credit Union or Insurance Company
and which is not to be assumed by the Purchaser
on completion, is not available in registerable
form on completion, the Purchaser agrees to
accept the Vendor's solicitor's personal
undertaking to obtain, out of the closing funds,
a discharge or cessation of charge in
registerable form and to register same on title
within a reasonable period of time after
completion, provided that on or before completion
the Vendor shall provide to the Purchaser a
mortgage statement prepared by the mortgagee
setting out the balance required to obtain the
discharge, together with a direction executed by
the Vendor directing payment to the mortgagee, of
the amount required to obtain the discharge out
of the balance due on completion.
10. All buildings on the property and ali other
things being purchased shall be and remain until
completion at the risk of the Vendor. Pending
completion, Vendor shall hold all insurance
policies, if any, and the proceeds thereof in
-3-
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
of any insurance and complete the purchase.
11. 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.
12. 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. Purehaser 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.
13. The deed or transfer shall, save for the Land
Transfer Tax Affidavit, which shall be prepared
and completed by the Purchaser, be prepared in
registerable form at the expense of Vendor and
the Mortgage at the expense of Purehaser.
14. 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.
15. Any tender of documents or money hereunder may be
made upon the 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, Trust Company, Province of
Ontario Savings Office, Credit Union or Caisse
Populaire.
16. The Vendor warrants that spousal consent is not
necessary to this transaction under the
provisions of the Family Law Act, 1986, unless
the Vendor's spouse has executed the consent
hereinafter provided.
This Agreement shall constitute the entire
agreement between Purchaser and Vendor and there
is 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.
-4-
DATED at this day of , 1989.
SIGHED, SEAI~EDRNDDELIVER~:{I ) IN WITNI{BSWltlf~,~iOF I
in the presence of ) have hereunto set my
) hand and seal:
)
)
)
) Purchaser
)
Date:
The undersigned accepts the above Offer.
DATED at this day of , 1989.
SIGNED, SEA.LEDAlqDDELIVERP:I~ ) IN WIT'NHS$lqI~F I
in the presence of ) have hereunto set my
) hand and seal:
)
)
)
) Vendor
)
Date:
I acknowledge receipt of my signed copy of this accepted
Agreement of Purchase and Sale.
Date:
Vendor
I acknowledge receipt of my signed copy of this accepted
Agreement of Purchase and Sale.
Date{
Purchaser
SCItEDULE B
AGREEMENT OF PURCHASE AND SALE
PURCHASER, ~ BOARD OF EDiK~ATIO~, offers to buy from
VENDOR, THE CORPOR~TIO~IOFTHETOWNOF Pi~,ll~ll~3, the
following: ..~b/
PROPERTY: fronting on the East side(of Liverpool Road in
the Town of Picketing in the Reglona~Municipality of
Durham and having a frontage of-O4~,4-b feet more or less
and an irregular depth described as Part Lot 22,
Concession I in the Town of Piekering and shown outlined
in red on the survey attached hereto as Schedule "A"
at the PURCHASE PRICE OF Olaf/ MILLIOH MINK HUNImI~FtAND
EIGHTY 4~IOOSAND Canadian Dollars ($ C~u. 1,980,000.00) on
the following terms:
1. (a) Purchaser submits with this offer OIgl{ 1]0~I~.1{
($1.00) cash as a deposit to the Vendor to be
held by it pending completion or termination of
this Agreement and to be credited on account of
the Purchase Price on closing.
(b) Purchaser agrees to pay to the Vendor the balance
of the Purchase Price, subject to the usual
adjustments, by cash or certified cheque on
closing of this transaction.
2. This Agreement is conditional upon the completion
of an Agreement of even date between the parties
hereto where the Vendor herein is the Purchaser
and the Purchaser herein is the Vendor of certain
lands described as Parts 4 and 7, Plan 40R-6545,
failing which this Agreement shall be null and
void.
3. Purchaser agrees that this Offer shall be
irrevocable by him until 11:59 p.m. on the 30th
day of June, 1989, 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.
4. Purchaser shall be allowed until 11~59 p.m. on
the 20th of December, 1989, to: examine the
title to the property, at his own expense, to
satisfy himself that there are no outstanding
work orders affecting the property, that its
present use may be lawfully continued, and that
the principal building may be insured against
risk of fire.
5. This Agreement shall be completed on the 2nd day
of January, 1990. Upon completion vacant
possession of the property shall be given to the
Purchaser.
6. Provided that the title to the property is good
and free from all encumbrances except as
aforesaid and except for any registered
restrictions or covenants that run with the land
-2-
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, or to any outstanding work
order, or to the fact the said present use may
not lawfully be continued, or that the principal
building may not be insured against risk of fire
is made in writing to Vendor and whieh 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 or damages. Save as to
any valid objection so made by such day and
except for any objection going to the root of the
title, Purchaser shall be eonelusively deemed to
have accepted Vendor's title to the property.
7. 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.
8. 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
elsewhere in this Agreement.
9. Purchaser shall not eall 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 Purchaser as soon as possible and
prior to the last day allowed for examining
title. In the event that a discharge of any
mortgage or charge held by a Chartered Bank,
Trust Company, Credit Union or Insurance Company
and which is not to be assumed by the Purchaser
on completion, is not available in registerable
form on completion, the Purchaser agrees to
accept the Vendor's solicitor's personal
undertaking to obtain, out of the closing funds,
a discharge or cessation of charge in
registerable form and to register same on title
within a reasonable period of time after
completion, provided that on or before completion
the Vendor shall provide to the Purchaser a
mortgage statement prepared by the mortgagee
setting out the balance required to obtain the
discharge, together with a direction executed by
the Vendor directing payment to the mortgagee, of
the amount required to obtain the discharge out
of the balance due on completion.
10. All buildings on the property and all other
things being purchased shall be and remain until
-3-
completion at the risk of the 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
of any insurance and complete the purchase.
11. Provided that this Agreement shall be effective
to create an interest in the property only if the
subdivision control provisions of The Planning
Aet are eomplied 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.
12. 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 certifieate or his
statutory declaration that he is not then a
non-resident of Canada.
13. The deed or transfer shall, save for the Land
Transfer Tax Affidavit, which shall be prepared
and completed by the Purchaser, be prepared in
registerable form at the expense of Vendor and
the Mortgage at the expense of Purchaser.
14. 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 solieitors who may be
specifically authorized in that regard.
15. Any tender of documents or money hereunder may be
made upon the 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, Trust Company, Province of
Ontario Savings Office, Credit Union or Caisse
Populaire.
16. The Vendor warrants that spousal consent is not
necessary to this transaction under the
provisions of the Family Law Act, 1986, unless
the Vendor's spouse has executed the consent
hereinafter provided.
This Agreement shall constitute the entire
agreement between Purchaser and Vendor and there
is representation, warranty, collateral agreement
or condition affeeting 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.
-4-
DATKD at this day of , 1999.
SIG~ISD, SF. ALEDANDDELIVERED ) IN WITN~SSWI"IzREOP I
in the presence of ) have hereunto set my
) hand and seal:
)
)
)
) Purchaser
)
Date=
The undersigned accepts the above Offer.
DATED at this day of , 1989.
SIGI'qlf~D, SEALED AND DELIVERED ) IN WITNESS WHEREOF I
in the presence of ) have hereunto set my
) hand and seal:
)
)
)
) Vendor
)
Date:
I acknowledge receipt of my signed copy of this accepted
Agreement of Purchase and Sale.
Date=
Vendor
I acknowledge receipt of my signed copy of this accepted
Agreement of Purchase and Sale.
Date:
Purchaser
PLAN OF SURVEY
OF PART OF' LOT 2Z, CONCESSION :>
TOWNSHIP OF PICKERING nov( in the
TOWN OF PICKERING
REGIONAL MUNICIPALITY OF DURHAM
C.F. FL[ISCHMANN, O.L.S., 1988.
SCALE, 1" · ~00'
'~' PART
,.~ · ,J~
' '-
o h ~ COAtCI~,~'SIDA
SCHEDULE C
Af31~I~MKNT OF PUI~CflA~E AND SALE
PURCt~SER, THE CORPORATION OF THETOWN OF PICKKRING,
offers to buy from VENDOR, THE DURHAM BOARD OF KIXICATION,
the following:
PROPERTY: described as Part Lot 22, Concession 2 in the
Town of Picketing, being approximately one half of the
lands outlined in red on the attached survey, the final
dimensions to be confirmed by surveyor
at the PUECHASE PRICE OF 'I~OHUNDlt~q~AND SEVENTY-EIGHT
THOUSAND ONEHUNDREDAND'i~g~ITY-FIVEC. nnadlnn Dollars (8
Can. 278,125.00) on the following terms:
1. (a) Purchaser submits with this offer OHB I]OLI,AR
($1.00) cash as a deposit to the Vendor to be
held by it pending completion or termination of
this Agreement and to be credited on account of
the Purchase Price on closing.
(b) Purchaser agrees to pay to the Vendor the balance
of the Purchase Price, subject to the usual
adjustments, by cash or certified cheque on
closing of this transaction.
2. This Agreement is conditional upon the completion
of 2 Agreements between the Corporation of the
Town of Picketing and the Durham Board of
Education of even date being completed failing
which this Agreement shall be null and void.
(a) This Agreement is further conditional upon the
Vendor acquiring the said lands on or before the
Ist of December, 1989, failing which this
Agreement shall be null and void.
3. Purchaser agrees that this Offer shall be
irrevocable by him until 11:59 p.m. on the 30th
day of June, 1989, 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.
4. Purchaser shall be allowed until 11:59 p.m. on
the 20th of December, 1989, to: examine the
title to the property, at his own expense, to
satisfy himself that there are no outstanding
work orders affecting the property, that its
present use fnay be lawfully continued, and that
the principal building may be insured against
risk of fire.
5. This Agreement shall be completed on the 2nd day
of January, 1990. Upon completion vacant
possession of the property shall be given to the
Purchaser.
$. Provided that the title to the property is good
and free from all encumbrances except as
aforesaid and except for any registered
restrictions or covenants that run with the land
-2-
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, or to any outstanding work
order, or to the fact the said present use may
not lawfully be continued, or that the principal
building may not be insured against risk of fire
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 respeet 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 or damages. Save as to
any valid objection 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.
7. 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.
8. 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
elsewhere in this Agreement.
9. 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 Purchaser as soon as possible and
prior to the last day allowed for examining
title. In the event that a discharge of any
mortgage or charge held by a Chartered Bank,
Trust Company, Credit Union or Insurance Company
and which is not to be assumed by the Purchaser
on completion, is not available in registerable
form on completion, the Purchaser agrees to
accept the Vendor's solicitor's personal
undertaking to obtain, out of the closing funds,
a discharge or cessation of charge in
registerable form and to register same on title
within a reasonable period of time after
completion, provided that on or before completion
the Vendor shall provide to the Purchaser a
mortgage statement prepared by the mortgagee
setting out the balanee required to obtain the
discharge, together with a direction executed by
the Vendor directing payment to the mortgagee, of
the amount required to obtain the discharge out
of the balance due on completion.
I0. All buildings on the property and all other
things being purchased shall be and remain until
-3-
completion at the risk of the 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
of any insurance and complete the purchase.
11. 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,
12. 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.
13. The deed or transfer shall, save for the Land
Transfer Tax Affidavit, which shall be prepared
and completed by the Purchaser, be prepared in
registerable form at the expense of Vendor and
the Mortgage at the expense of Purchaser.
14. 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.
15. Any tender of documents or money hereunder may be
made upon the 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, Trust Company, Province of
Ontario Savings Office, Credit Union or Caisse
Populaire.
16. The Vendor warrants that spousal consent is not
necessary to this transaction under the
provisions of the Family Law Act, 1988, unless
the Vendor's spouse has executed the consent
hereinafter provided.
This Agreement shall constitute the entire
agreement between Purchaser and Vendor and there
is 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.
-4-
DATI~D at this day of , 1989.
SIGNIiu, SEALED AND DELIVERED ) IN WITIgSS$ WHEREOF
in the presence of ) have hereunto set my
) hand and seal:
)
)
)
) Purchaser
)
Date=
The undersigned accepts the above Offer.
DATED at this day of , 1989.
8lGlm~, SEALED AND DELIVERI~ ) IN WITNIi88 ~OF I
in the presence of ) have hereunto set my
) hand and seal{
)
)
)
) Vendor
)
Date=
I acknowledge receipt of my signed copy of this accepted
Agreement of Purchase and Sale.
Date{
Vendor
I acknowledge receipt of my signed copy of this accepted
Agreement of Purchase and Sale.
Date{
Purchaser
'~ ., SCHEDULE 'A"
~LAN OF SURVEY
3F PART OF LOT 22. CONCESSION 2
TOWNSHIP OF PICKERING now in the
TOWN OF PICKERING
REGIONAL MUNICIPALI~ OF DURHAM
C.F. FLEISCHMANN, O.L.S,. 19~8. I
SCALE:' I" ' I00'
~'" · PART ~;~ ~ ;-
*
~ ~ PART ~~,~." ~ ~ :.
~ ~ ~
-
I~.~/~