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HomeMy WebLinkAboutBy-law 825/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 825/78 Being a By-law to authorize the execution of an Agreement of Purchase and Sale, in which the Corporation of the Town of Pickering offers to purchase from North Keele Invest- ments Limited, J.D.S. Investments Limited, Walbi Holding Company Limited, and Janbi Holding Company Limited certain property in Lot 24, Concession 1, Town of Pickering WHEREAS North Keele Investments Limited, J.D.S. Investments Limited, Walbi Holding Company Limited and Janbi Holding Company Limited col- lectively are the owners in fee simple of certain lands in Lot 24, Concession 1, in the Town of Pickering, on the south side of Finch Avenue approximately 200 feet east of its intersection with Dixie Road; AND WHEREAS the Corporation of the Town of Pickering wishes to pur- chase the said lands for the purposes of erecting a firehall thereon; AND WHEREAS pursuant to the provisions of paragraph 25 of subsection 1 of section 354 of The Municipal Act, R.S.O 1970, c. 284, the Council of local municipalities may pass by-laws, inter alia, for acquiring land for the purpose of erecting thereon a firehall; 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, as an offer to Purchase an Agreement of Purchase and Sale in the form attached hereto as Schedule "A", be- tween the Corporation of the Town of Pickering and North Keele Investments Limited, J.D.S. Investments Limited, Walbi Holding Company Limited and Janbi Holding Company Limited respecting the purchase of certain lands in Lot 24, Concession 1, for the pur- pose of erecting a firehall thereon. BY-LAW read a first, second and third time and finally passed this 5th day of June t, , 1978. Clerk SCHEDULE "A" to BY-LAW NUMBER 825/78 AGREEMENT OF PURCHASE AND SALE THE CORPORATION OF THE TOWN OF PICKERING, (hereinafter referred to as the "Purchaser) having inspected the subject property, hereby agrees to and with NORTH KEELE INVESTMENTS LIMITED,. J.D.S. INVESTMENTS LIMITED, WALBI HOLDING COMPANY LIMITED, and JANBI HOLDING COMPANY LIMITED (hereinafter collectively referred to as the "Vendor") to purchase all and singular the premises on the south side of Finch Avenue in the Town of Pickering and known as part of Lot 24, Concession 1, having a frontage of 100 feet and depth of 150 feet, being a parcel having a total of 15,000 square feet of vacant land with its northwest corner approximately 230 feet east of the northwest corner of Lot 24 (which parcel is hereinafter referred to as the "real property") at the sale price of THIRTY THOUSAND DOLLARS ($30,000.00) of lawful money of Canada, payable THREE THOUSAND DOLLARS ($3,000.00) by cheque to the Vendor as a deposit to be held by the Vendor pending completion or other termination of this Agreement and to be credited on account of purchase money on closing, and the Purchaser agrees to pay the balance of the purchase price, being TWENTY-SEVEN THOUSAND DOLLARS ($27,000.00), by cheque on closing, subject to adjustments. THE PURCHASER shall obtain, at its own expense, a survey of the real property, which shall be submitted to the Vendor prior to the closing of this transaction, for the Vendor's approval, and the Vendor hereby agrees that upon such approval being granted the Purchaser may require the Vendor to include a copy of such survey in the Deed to be provided on closing. PROVIDED that title is good and free from all encumbrances except as to any registered restrictions or covenants that run with the land providing that such are complied with and will not interfere with the Purchaser's future use of the real property for Municipal purposes. The Purchaser is not to call for the production of any title deed, abstract, survey or other evidence of title except such as are in the possession of the Vendor. The Purchaser is to be allowed thirty (30) days from the date of acceptance hereof to examine the title at his own expense. If within that time any valid objection to title is made in writing to the Vendor which the Vendor shall be unable or un- willing to remove and which the Purchaser will not waive this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objections so made within such time the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. This transaction of purchase and sale is to be completed on or before the- - 60th day immediately following the date upon which the Vendor executed this Agreement, at which time vacant possession of the real property is to be given to the Purchaser. PROVIDED FURTHER that the Purchaser is able to obtain the appr of the Regional Municipality of Durham and the Metropolitan Toronto and Region Conservation Authority to its proposed use of the real property for the purpose of erecting a firehall thereon. Unearned taxes, local improvement, water and assessment rates to be apportioned and allowed to the date fixed for completion -- 2 - of sale. This Agreement shall constitute a binding contract of purchase and sale and time shall in all respects be of the essence hereof. It is agreed that there is no representation, warranty, col- lateral agreement or condition affecting this Agreement or the real property or supported hereby other than as expressed herein in writing. The Deed shall be prepared at the expense of the Vendor. Any tender of documents or money hereunder may be made upon the Vendor or the Purchaser or any party acting for either of them and money may be tendered by uncertified negotiable cheque. This Agreement is to be read with all changes of gender or number required by the context. This Offer shall be irrevocable by the Purchaser until one minute before midnight on the 15th day of June, 1978, after which time, if not accepted, this offer shall be null and void j and the deposit returned to the Purchaser without interest. DATED at Pickering this 5th day of June, 1978. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING 01?yor Clerk The undersigned parties, collectively comprising the Vendor, hereby accept the above Offer, dated June 5, 1978, made by the Corporation of the Town of Pickering, and by affixing their respective Corporate Seals, attested to by the proper authorized officers, do hereby enter into this Agreement of Purchase and Sale as of the day of June, 1978. SIGNED, SEALED AND DELIVERED NORTH KEELE INVESTMENTS LIMITED J.D.S. 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