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HomeMy WebLinkAboutBy-law 2074/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2071t /85 Being a by-law to authorize the execution of an agreement of purchase and sale and consequent transfer/deed of land conveying part of Lot 18, Concession 1, Pickering to Mario Patane'. WHEREAS The Corporation of the Town of Pickering, as successor to The Corporation of the Township of Pickering, is the owner of certain lands in Lot 18, Concession, Picketing, acquired by the Township on December 16th, 1971 by virtue of the regis- tration of Instrument No. 217997; WHEREAS, pursuant to the provision of the section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing wishes to dispose of those lands, those lands no longer being required for municipal 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 an agreement of pur- chase and sale, in the form attached hereto as Schedule A, between The Corpo- ration of the Town of Picketing and Marlo Patane' respecting a parcel of land of approximately 0.94 acres, having a frontage of 94'6" and a depth of 435' on the east side of Brock Road, and being composed of part of Lot 18, Concession 1, Picketing. The Mayor and Clerk are hereby further authorized to execute a transfer/deed of land in Form 1, under the Land Registration Act, 1984, S.O. 1984, chapter 32, for the conveyance of the lands referred to in section 1, above, in accor- dance with the terms and conditions of the agreement attached hereto as Sched- ule A. BY-LAW read a first, second and third time and finally passed this 6th day of August, 1985. hn E. Anderson~ Mayor SCHBDULE A OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE I, MARIO PATANE (herein called the "Purchaser"), having inspected the property hereby agree to and with THE CORPORATION OF THE TOWN OF PICKERING (herein called the "Vendor"), to purchase all and singular certain premises situate on the east side of Brock Road in the Town of Picketing comprising about 0.94 acres, having frontage of about 94½ feet and depth of about 435 feet, being part of Lot 18, Goncession 1, Pickering registered in the Registry Office for the registry division of Durham ("herein called "the real property") at the price or sum of EIGHTY-FIVE THOUSAND DOLLARS ($85,000) as follows THREE THOUSAND DOLLARS ($3,000) as a deposit to be held in trust pending completion or other termination of this Agreement, and to be credited on account of purchase money on closing, and EIGHTY-TWO THOUSAND DOLLARS ($82,000), subject to the usual adjustments, on closing. The Vendor agrees to discharge all liens or encumbrances registered against the real property. This Offer is conditional upon, (a) the Purchaser obtaining necessary zoning amendments for the real property in order to permit an auto body repair shop including automobile service and rentals, and (b) the Vendor obtaining at its expense, prior to closing, a survey satisfactory to the Purchaser's mortgage. These conditions are for the benefit of the Purchaser and may be waived by him. This Offer shall be irrevocable by the Purchaser until 5:00 P.M., E.D.S.T. on the 7th day of August, 1985 after which time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without interest or deduction. Provided the title is good and free from all encumbrances except as aforesaid, and except local rates and minor easements for hydro, gas, telephone or like services to the real property; title to be examined by the Purchaser at its own expense, and the Purchaser not to call for the production of any title deed, abstract of title, survey, proof or evidence of title, other than those in Vendor's possession or under its control; and provided the same have been complied with, the Purchaser to accept the real property subject to municipal requirements, including building and zoning by-laws, minor easements as above-mentioned, and to restrictions and covenants that run with the land, subject to the two conditions above set out being satisfied. The Purchaser to be allowed 30 days from satisfaction or waiver of the last of the two conditions to be satisfied or waived to investigate the title at its expense, and if within that time it shall furnish the Vendor in writing with any valid obiection 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 Pur- chaser without interest or deduction, 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 real property. This conveyance shall be completed on or before the 5th day of September, 1985 on which date vacant possession of the real property is to be given to the Purchaser; the parties agree to postpone the closing date, if zoning amendment is not obtained by closing date, to a date 30 days after zoning amendment obtained. Taxes and local improvements shall be proportioned and allowed to the date of com- pletion of sale. Deed or Transfer to be prepared at the expense of the Vendor on a form acceptable to the Purchaser's solicitor. This Agreement shall be effective to create an interest in the real property only if the applicable land division provisions of the Planning Act are complied with. The Vendor, on or before completion will produce evidence that upon the completion of the transaction it will not be, a non-resident of Canada within the meaning of the Income Tax Act. The affidavit required under The Land Transfer Tax Act shall be prepared by the Purchaser at its expense. This Offer, when accepted, shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement. 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. 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. Each party to pay the costs of registration and taxes on his own documents. This Offer and its acceptance to be read with all changes of gender or number re- quired by the context. DATED at Pickering this Mst day of July, 1985. 3 IN WITNESS WHEREOF we have hereunto set our hands and seals. SIGNED SEALED AND DELIVERED In the presence of: Mario Patane THE CORPORATION OF THE TOWN OF PICKERING hereby accepts the above offer and its terms, and covenants, promises and agrees to and with the above-named Purchaser to duly carry out the same on the terms and conditions above mentioned. DATED at Picketing this 7th day of August. 1985. IN WITNESS WHEREOF its corporate seal has been affixed, duly attested by its au- thorized officers. SIGNED, SEALED AND DELIVERED John E. Anderson, Mayor Bruce Taylor, Clerk I hereby acknowledge receipt of signed copy of this accepted Agreement of Purchase and Sale. I hereby acknowledge receipt of signed copy of this accepted Agreement of Purchase and Sale. Mario Patane Date: August 7th, 1985 THE CORPORATION OF THE TOWN OF PICKERING, by its Solicitor C. M. Timothy Sheffield Date: August 7th, 1985 Town of Picketing 1710 Kingston Road Pickerlng, Ontario L1V 1C7