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HomeMy WebLinkAboutBy-law 2671/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2671/88 Being a By-law to accept the offer dated January 29, 1988 of Pitney Bowes of Canada Ltd. to pur- chase that part of Lot 18, Range 3, B.F.C., Pickering, designated as Part l, Plan 40R-3158 and to authorize the Mayor and Clerk to execute same on behalf of the Town. WHEREAS, pursuant to the provisions of section 210.50 of the Municipal Act, R.S.O. 1980, c.302, and section 131(2) of the Regional Municipality of Durham Act, R.S.O. 1980, chapter 434, as amended, the Council of The Corporation of the Town of Picketing may pass a by-law to sell that part of Lot 18, Range 3, B.F.C., Pickering designated as Parts 7, 8 and 9, Plan 40R-2638 (except Part 2, Plan 40R-7115), for the establishment and carrying on of industries and of industrial operations and uses incidental thereto; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Corporation of the Town of Pickering hereby accepts the offer dated January 29, 1988, of Pitney Bowes of Canada Ltd. to purchase that part of Lot 18, Range 3, B.F.C., Picketing, designated as Part 1, Plan 40R-3158, a copy of which offer is attached hereto as Schedule A. 2. The Mayor and Clerk are hereby authorized to execute that offer on behalf of The Corporation of the Town of Pickering. 3. Schedule A hereto shall form part of this by-law. BY-LAW read a first, second and third time and finally passed this 1st day of February, 1988. dl~_n'E. Ana'~on, Mayor TOWN OF PICKER!NC APPROVED, SCHEDULE A AGi~made between PITNEY BOWES OF C~ LTD. (hereinafter called the "purchaser") of the first part - and - THE (X)RPORATIO~I OF THE TOWN OF PIuISJ~ING (hereinafter called the "vendor") of the second part WITNES8ETH THAT THE PARTIES AGREE as follows: 1. The purchaser shall purehase from the vendor the real property situate in the Town of Pickering and being described as follows: "Part of Lot 18, Range 3, Broken Front Concession, being Parts 1 on Plan 40R-3158, Town of Pickering, Regional Municipality of Durham" (hereinafter called the "property"); 2. The purchase price shall be FORTY-NINE THOUSAND SIX HUNDRED ~-- ($49,600.00) --- DOLLARS in lawful money of Canada. 3. The purchase priee shall be paid to the vendor as follows{ (a) the sum of $ Five Thousand -- ($5,000.00) -- Dollars by cheque as a deposit upon the execution of this Agreement to be held in trust pending completion or other termination of this Agreement and to be credited on account of the purchase price on completion; (b) the sum of FORTY-FOUR THOUSAND SIX HUNDRED -- ($44,600.00) -- DOLLARS in cash or certified cheque on the elosing of the transaction. This amount may be adjusted in accordance with paragraph 4 hereof. - 2 - 4. The area of the property being purchased is approximately .62 acres. The vendor shall prepare an up-to-date survey and legal deseription of the lands, prepared by an Ontario Land Surveyor, together with a Certificate of the Surveyor as to the precise area of the lands to three (3) decimal points. Such survey shall show the loeation and area of any rights of way and/or easements. The purchase price for the lands is based upon and calculated at the rate of EIGHTY THOUSAND --- ($80,000.00) -- DOLLARS per acre and the purchase price shall be increased or decreased as the case may be, based upon the foregoing price per acre for the area of the land actually owned and to be conveyed by the vendor to the purchaser hereunder. 5. The transaction of Purchase and Sale shall be completed in the Land Registry Office at Whitby on the 2nd day of May, 1988. Notwithstanding the foregoing, the purchaser shall have the right to bring the closing date forward at its sole option upon giving not less than 30 days notice in writing of /he new closing date. Upon closing, vacant possession of the property will be given to the purchaser. 6. The vendor represents and warrants that it has no knowledge of any contaminents or waste materials being deposited on the property and no knowledge of any circumstance or matter about the property which would be a violation of any of the provisions of The Environmental Protection Act R.S.O. 1980 e. 141 as amended. 7. (a) Purchaser shall be given until 11:59 p.m. on February 29, 1988 to examine the title to the property at its own expense. The title to the property shall be good and free from all liens or encumbrances. If within the time allowed for examining the title any valid objection to title 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 respect of such objections, shall be at an end and all monies theretofore paid shall be returned without interest or deduction and vendor shall not be liable for any costs or damages. Save ~.~. as to any valid objection so made by such day and except - 3 - for any objection going to the root of title, purchaser shall be conclusively deemed to have accepted vendor's title to the property. (e) 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-~ndor. 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 the purchaser as soon as possible and prior to the last day allowed for examining title. 8. Vendor represents and warrants that there are no local improvement charges or other levies or imposts of any kind affecting the property. 9. Vendor represents and warrants that the abutting property being Parts $ and 6 on Plan 40R-2638 is a Town road known as Clements Road and is fully maintained by the Town of Picketing. 10. The deed or transfer, save for the Land Transfer Tax Affidavit, which shall be prepared and completed by the purchaser, shall be prepared in registrable form at the expense of vendor. 11. The purchaser shall have the right to assign this Agreement of Purchase and Sale at any time to any other person or company without the consent of the vendor. Notwithstanding any such assignment, the purchaser acknowledges and agrees that it will remain fully liable under and responsible for the performance of the Agreement of Purchase and Sale. 13. 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. - 4 - 13. Any tender of doeuments or money hereunder may be made upon vendor or purchaser or their respeetive solicitors on the day set for eompletion of this Agreement, Money may be tendered by bank draft or ehequ'e eertifled by a Chartered Bank or Trust Company. 14. The vendor warrants that spousal consent is not neeessary to this transaetion under the provisions of the Family Law Aet, 1986. 15. This ~greement shall constitute the entire agreement between purehaser and vendor and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing. 16. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective suecessors, representatives or assigns. IN WI'I'Iq'E88 W~IEREOF the parties have hereunto set their respective hsnds and seals this 29th day of January, 1988. SIC{NED, 8 E~a~L ED and DEL I VERI~B ) in the presence o! ) ) PITNEY BOWES OF CANADA LTD.. .) per, S[~ve Walker, President ) ) ) THE CORPORATION OF THE TOVv2q OF ) PICKERI NG ) ) ) els ) per: