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HomeMy WebLinkAboutBy-law 1879/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1879 /84 Being a by-law to authorize the closing of a transaction for the purchase of Part Lot 34, Range 3, Broken Front Concession, (park Rouge Valley Drive). WHEREAS, pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipal corporation may pass by-laws for acquiring lands required for the purposes of the corporation; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Town Solicitor is hereby authorized and directed to close a transaction for the purchase of that part of Lot 34, Range 3, Broken Front Concession, Pickerlng, more particularly described in Instrument No. 132224, in accordance with the terms and conditions of the Agreement of Purchase and Sale dated May 2/19, 1984, attached hereto as Schedule A. BY-LAW read a first, second and third time and finally passed this 3rd day of July, 1984. SCHEDULE A to By-law 1879/84 OFFER TO PURCHASE/AGREEMENT OF PURCHASE AND SALE THE CORPORATION OF THE TOWN OF PICKERING (hereinafter referred to as the "Purchaser"), having inspected the real property, agrees to and with MARTTI KUISMIN and AINO KUISMIN, as joint tenants, (hereinafter collectively referred to as the "Vendor"), through no agent, to purchase and the Vendor agrees to and with the Purchaser to sell all and singular the lands situate in the Town of Picketing. in the Regional Municipality of Durham being composed of those ]ands more particularly described in Schedule A hereto, consisting of approximately 5 acres, (hereinafter referred to as the "rea] property") upon the following terms and conditions: 1. The purchase price for the real property shall be calculated at the rate of $38,000 per acre, payable as follows: (a) $2,000 to the Vendor as a deposit to be held by the Vendor pending acceptance of this offer and the completion or other termination of the agreement arising herefrom, and upon com- pletion to be credited on account of purchase price; and (b) balance to the Vendor on closing, subject to adjustments at the above acreage rate upon confirmation by survey of exact area and for taxes. The date for the closing of the sale herein shall be on or before July g7th, 1984. The title shall be good and free from all encumbrances except minor easements for hydro, gas, telephone or like services to the real property, such 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, proof or evidence of title, or survey, other than those in the Vendor's possession or under its control or as herein provided; and provided the same have been complied with, the Purchaser is to accept the property subject to any such minor easements as above-mentioned, and to restrictions and covenants that run with the land, provided same have been complied with. The Purchaser shall be allowed until closing to investigate the title at its own expense, and if within that time it shall furnish the Vendor in writing with any va]id objection to the title, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Agreement shall, notwithstanding 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 lands. (1) The Vendor shall, (a) comply with the provisions of section ll6 of the Income Tax Act of Canada; and (b) prior to closing, provide the Purchaser with the prescribed Certificate issued by the Minister of National Revenue pursuant to that section. (2) In the event that the Certificate is not provided to the Purchaser prior to closing, the Purchaser shall remit that portion of the tax imposed by that section in order to satisfy the Purchaser's liability, and that amount shall be credited toward the purchase price as if it was paid directly to the Vendor. (I) Any notice herein provided for or permitted or required to be given hereunder, if given by the Vendor to the Purchaser, shall be sufficiently given if mailed in one of Her Ivtajesty~s Post Offices by registered mail addressed to the Purchaser at: 1710 Kingston Road Picketing, Ontario LiV lC7 Attention: Town Solicitor and if given by the Purchaser to the Vendor shall be sufficiently given if mailed as aforesaid addressed to the Vendor as follows: 1933 Eucalyptus Avenue San Carlos, California 94070 Any notice mailed as aforesaid, shall be conclusively deemed to have been given on the fifth business day following the date of mailing. The Purchaser shall, at its expense, obtain and register a reference plan survey of the real property. The deed shall be prepared by the Vendor on a form acceptable to the Purchas- er. This Agreement shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement. 100 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. Il, 12. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or upon the solicitor acting for the Party on whom tender is desired, and it shall be sufficient that a certified cheque be tendered instead of cash. The Purchaser shall pay the costs of registration transfer taxes relating thereto. of the deed and any land 13. The Purchaser shall, within 30 days of an account being rendered to it, pay the Vendor's legal costs associated with the transfer of the real property, and the Vendor's consultant's fee associated with the decision to transfer the real property. 14. This Agreement shall be governed by the laws of the Province of Ontario. 15. This Agreement shall be open for acceptance and execution by the Vendor and delivery to the Purchaser until 12:00 noon, Eastern Daylight Saving Time, on the 30th day of May, 1984, after which time, if not executed and delivered, it shall be null and void. 16. This Agreement to be read with all changes of gender or number required by the context. - 2- IN WITNESS WHEREOF the Purchaser has hereunto affixed its corporate seal, attested to by the hands of its duly authorized officers, this 2nd day of May, 1984. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING IN WITNESS WHEREOF the persons comprising the Vendor have hereunto affixed their hands and seals this/~_~ day of ~a~ , 1984. In the presence of Witness '~ Witness MARTTI KUISMIN AINO KUISMIN - 3- SCHEDULE A ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 34, Range 3, Broken Front Concession, more particularly described in Instrument No. 132224, being a Deed from Vaino Tuomisalo to Martti Kuismin and Aino Kuismin. - 4 ~ 0 O0 © ©