HomeMy WebLinkAboutBy-law 1086/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1086/80
Being a By-Law to authorize the execution
of an Agreement of Purchase and Sale be-
tween the Corporation of the Town of
Pickering and the Durham Board of Educa-
tion respecting Part Lot 10, Concession 5
and part of the closed road allowance
between Lots 10 and 11, Concession 5,
Pickering (Old Greenwood School)
WHEREAS, pursuant to the provisions of section 336 of
The Municipal Act, R.S.O. 1970, c. 284, the Council of every
Municipal Corporation may pass By-Laws for acquiring any land
required for the purposes of the Corporation; and
WHEREAS, the Corporation of the Town of Pickering
requires certain lands in Lot 10, Concession 5 and in the
closed road allowance between Lots 10 and 11, Concession 5,
Pickering for the purpose of providing a site and a building
for a Greenwood Branch of the Pickering Public Library;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute an Agreement of Purchase and Sale
between the Corporation of the Town of Pick-
ering and the Durham Board of Education, in
the form attached hereto as Schedule "A",
respecting Part Lot 10, Concession 5 and
part of the closed road allowance between
Lots 10 and 11, Concession 5, Pickering
(Old Greenwood School).
BY-LAW read a first, second and third time and finally passed
this 21st day of January , 1980.
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SCHEDULE "A" to By-law #1086/80
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 THE DURHAM BOARD OF EDUCATION (hereinafter
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 and premises situate in the Town of Pickering
in the Regional Municipality of Durham more particularly shown
outlined in red on the sketch attached as Schedule "A" hereto,
commonly referred to as the old Greenwood School, (herein
referred to as the "real property") upon the following terms
and conditions:
1. The purchase price for the real property shall be the sum
of TEN DOLLARS ($10.00) payable by cash or certified cheque
to the Vendor on closing.
2. The date for the closing of the sale herein shall be on or
before February 29th, 1980 and the Purchaser shall have the
option to advance the closing date upon providing the
Vendor with ten (10) days prior written notice.
3. The closing of the sale herein shall be subject to the
Vendor complying with,
(a) section 29 of The Planning Act, R.S.O. 1970, c.
349, as amended; and
(b) section 167 of The Education Act, 1974, S.O. 1974,
c. 109.
4. (1) Title to the real property shall be taken in the
name of the Purchaser.
(2) Under no circumstances, by direction or otherwise,
may the provisions of (1), above, be altered,
varied, amended, rescinded or deleted.
5. Provided that the Purchaser shall use the real property for
no other purpose than the operation of a municipal public
library (pursuant to The Public Libraries Act, R.S.O. 1970,
c. 381, as amended from time to time) for a period of at
least fifty (50) years immediately following the closing of
this transaction.
6. Provided the title is 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
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not to call for the production of any title deed, abstract of
title, proof or evidence of title, survey, other than those in
the Vendor's possession or under its control or as herein pro-
vided; and provided the same have been complied with, the Pur-
chaser is to accept the real 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.
7. The Purchaser to 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 valid 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 Vendor shall not be
liable for any costs or damages. Save as to any valid objec-
tion so made within such time, the Purchaser shall be con-
clusively deemed to have accepted the title of the Vendor
to the real property.
8. (1) Any notice herein provided for or permitted or re-
quired to be given hereunder, if given by the Pur-
chaser to the Vendor shall be sufficiently given
if mailed in one of Her Majesty's Post Offices by
registered mail addressed to the Vendor at:
555 Rossland Road West
Oshawa, Ontario
L1J 3H3
and if given by the Vendor to the Purchaser shall
be sufficiently given if mailed as aforesaid
addressed to the Purchaser as follows:
1710 Kingston Road
Pickering, Ontario
L1V 1C7
Attention: Town Manager
(2) Any notice mailed as aforesaid, shall be conclusively
deemed to have been given on the third business day
following the date of mailing.
9. Until completion of the sale, the real property shall be
and remain at the risk of the Vendor.
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10. (1) Deed or transfer to be prepared by the Vendor on a
form acceptable to the Purchaser.
(2) Survey and reference plan to be prepared and reg-
istered, both at the expense of the Purchaser.
(3) Vendor's legal expenses to be paid by the Purchaser.
11. The Purchaser, at its expense, shall construct a six foot
chain link fence as soon as reasonably possible,
(a) along the entire westerly boundary of the real
property, and
(b) along the southerly boundary of the real property,
between the westerly boundary and the west side of
the Valley View Public School driveway.
12. The Vendor agrees that the Purchaser may use the Valley
View Public School parking lot, outlined in green on the
sketch attached as Schedule "A" hereto, after 5:00 p.m.
on school days and at any time on other days.
13. This Offer, when accepted by the Vendor, shall constitute
a binding contract of purchase and sale, and time in all
respects shall be of the essence of this Agreement.
14. It is agreed that there is no representation, warranty,
collateral agreement or condition affecting this Agreement
or the lands or supported hereby, other than as expressed
herein in writing.
15. 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 negotiable certified cheque be tendered
instead of cash.
16. Purchaser to pay the costs of registration and land trans-
fer taxes.
17. Time shall be of the essence of this Agreement.
18. This Offer shall be open for acceptance by the Purchaser
until 12:00 noon on the 15th day of February, 1980, after
which time, if not accepted, it shall be null and void.
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19. This Agreement to be read with all changes of gender or
number required by the context.
DATED at Pickering this 21st day of January, 1980.
IN WITNESS WHEREOF the Purchaser has hereunto affixed its cor-
porate seal, attested by the hands of its duly authorized
officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
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DATED at Oshawa this day of , 1980.
IN WITNESS WHEREOF the Vendor has hereunto affixed its corpor-
ate seal, attested by the hands of its duly authorized officers.
SIGNED, SEALED & DELIVERED
THE DURHAM BOARD OF EDUCATION
Per:
Per:
SCHEDULE IIA"
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