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HomeMy WebLinkAboutBy-law 2542/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2542/87 Being a by-law to accept the Offer dated July, 1987 of Gerry Gazarek to purchase that part of Lots 25 and 26, Range 3, B.F.C., and part of road allowance between Broken Front Concession and Concession 1, Picketing, designated as Parts 14-17, Plan 40R-1090, and to authorize the Mayor and Clerk to execute same on behalf of the Town. WHEREAS, pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O. 1980, c.302, the Council of The Corporation of the Town of Picketing may pass a by-law to dispose of lands no longer required for the purposes of the municipality; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Corporation of the Town of Picketing hereby accepts the Offer dated July, 1987, of Gerry Gazarek to purchase that part of Lots 25 and 26, Range 3, B.F.C. and part of road allowance between Broken Front Concession and Con- cession 1, Picketing, designated as Parts 14-17, Plan 40R-1090, a copy of which Offer is attached hereto as Schedule A, for the sale price of $240,000 per acre. The Mayor and Clerk are hereby authorized to execute that Offer on behalf of The Corporation of the Town of Picketing. Schedule A hereto shall form part of this by-law. BY-LAW read a first, second and third time and finally passed this 14th day of July, 1987. Bruce Taylor, Toronto Real Estate Board FOR USE IN THE PROVINCE OF ONTARIO SCHEDULE A AGREEMENT OF PURCHASE AND SALE PURCHASER,....~..~.R. ~..~.A.~ ~:~ ~K .................................................................................. offers to buy from VENDOR ........ .CORP. O. RAT~;ON..O.]~.. ~]~ ~...T(~).~I~.. Q~..?.~.C..K .~. ~ ~ .NG. ....................................... through Vendor's agent ........... N.ONE ....................................................................................................... the following (LIS~'INO BROKER) (~ELLINO BROKER) PROPERTY: fronting on the ....... No~t.h .............. sfdeof.... 7dj ;~ ~ C~ $.~.O~t.. ~ Q ~.(~. ................................................ known municipally es ..................................... In the ................. T.oh'n ............. of..]P.i.C k .e r i~g. .................. and having a frontage of ............................. more or less by · depth of ............................. mom or less lind described as .......... o,f. ·approximate. l.y. · 2..acr.es .................................................................... It the PURCHASE PRICE et FOU.~. HUNDRED.. AND..EIGHTY..THO.USAND...-..-,':.-. ~ .-. ~ .-.T.r.':.-. r :~ .-. r.r..-.r.-.. (S CAN. 4.8.0 .~ ~ ~ Q ,.0.0 ........... ) PURCHASER submits with ibis Offer... ~.~: F~..~.~p~..T:::: :?.T.TZr:TTTT..,DOL~RS(,.... on account of the pomhese price on completion; i~d PURCHABERagmest0: pay the balance of the purchase price to the vendor on closing by cash or certifie? cheque subject to the proper adjustments, The purchase price ls based on a price of $240,000 per acre. ~e~Sr purposes of calculating a final purchase price for closing, th~ 9~ndor shall obtain at its expense a Certificate from an Ontario Land Surveyor setting out the exact acreage of the subject property. The final purchase price shall be calculated by multiplying the number of acres by $240,000 per acre and this shall be the price paid by the purchaser to the vendor. Completion of this agreement is conditional on the purchaser receiving on or before closing approval from the Ministry of Transportation and Communications for ingress and egress for the subject property to Kingston Road at locations and in a manner satisfactory to the purchaser. In the event such approval is not recieved on or before closing, this agreement shall be null and void and the deposit shall be returned to the purchaser without interest or' deduction. This condition is for the sole benefit of the purchaser and may be waived at any time by notice given in writing by the purchaser to the vendor· Vendor agrees that immediately following acceptance of the Offer to Purchase by the vendor, the purchaser shall be entitled to submit such application as may be necessary to the appropriate municipal authorities to obtain zoning, community plan and Official Plan designation of the subject property as special purpose commercial. Vendor hereby authorizes and empowers the purchaser in this regard. 4. EXCEPT as otherw~e provided herein end sublect to paragraph 12 (e), (b) end (c), Vendor shall discharge at his own expense ell liens, chi,ge! eh6 en~.~mb~ancaa affectlng the reel property on or before completion. and that the following chat,Me ere Included In the purchase price:..vacant.. 'la nd ........................................................... 6. PURCHASER agrees that ,hie Offer shell be Irrevocable by him until 11:59 p.m. on the ....................... ely eT ....................... , ,= .......... after which time, If not accepted, this Offer shall be null and void and the deposit shall he returned to Purchaser without Interest or deduction. 15th . . October ._ 87 . 8. PURCHASER shall be allowed until 11:59 p.m. on the ....................................... day et ....................................... ,19 ..... (Requisition Oat®) to examine the flue to the property at his own expense, end until the earlier of: (I) ,hi,fy deyu from the later o! the Requlsltinn Date or the date on which the cot~dltinns to this transection ara fulfilled or otherwise waived o~ (11) five days prior to completion, to satisfy himself Ihat there ere no outstanding mun~c,be, wo,k orders or d.t,c,e.cy not,c, sf,ecUng tho o,ope.y, ,hat ,s Pre.n, use ~....S..e..e...9..b.o..v..e. .......................................... may be lawfully continued, a~ ~ I~e~[o,~il~'~a~:~l[~'.dt f'~ ~1(~ ~ ~ ~ kv~ ~ V s rider hereby consents to the munlclp&llty releasing to Putchaser details el ill outstanding munlclgal work orders or deficiency notices affecting the property and Vendor Igrees to execute Ind deliver to Purchaser such further authorizations in this regard aa Pu~haser may reasonably require. 9. VENDOR and Purchaser agree that there is no coati,inn, express or implied, represents,Ion or warranty of any kind that the future intended use of the property by Purchaser I! o~ will be lawful except as may be specifically stipulated hereunder. 10. PURCHASER acknowledges having Inspected the property prior fo submitting this Offer and understand! Ihet upon Vendor accepting this Offer there shall be a binding agreement of po,chess end sale between Purchaser end Vendor. 11. PURCHASER shall not call to, the production of any title deed, abstract, survey or other evidence of title to the probedy except such as are In the possession or 12. PROVIDED thai the title to the property is good and free from all registered restrictions, char_arQe_s_,_._._....~-j.. ~D_t _a_s et ~ar~lse ~oecl~ rv Dro.es, lions ·nd encumbrances exce t es otherwise sPecif ca ro- ~ ~cT[ ~o~3 ~v, cT<-~K~t M ~f3 ~O,W~TQ'~ I~Q ~'i~x~e~e~ Y~)~ av~ ~ ~ :~':~,~ ~e'~. If within the sbeclfled times referred to In paragraph E any valid objection to title or to any outstanding municipal work order or deficiency notice, or to the fact the said present uae may not lawfully be Pickering July 87 S~GNED, SEALEO AND DEMVEREDDATED at .................................................. th~a ........ __/~/~daY of ............................................ ~ __~ I~ the pre~nc~ o~: ~ ~ IN WITNE~ ~er~l hav~ h~unto ~et my ha~d ~eal: ................................................................... ~ ~: .................... ~mx Se.~) ......................... ~cha~eO ~aie) THE UNDER~iGNED accepts the above Offer a~d .g~eea with the Uatl~g B~kef ibove nam~ In conslde~Uon for hl~ ae~lcea In procuring the aWd o~fer, to ~ay him onthedlt a veflx~o~com IMIon acommlsa~on~ ~ e ~ p , ~ ............................. of In amount ~u~l to the a~ve mentlon~ ~ale pr/ce, which commi~- sion may be deducted from the deposit. The u~berelgn~ hereby irrevocably Instructs my/our solicitor to pay direct to the Listing Baker any unpaid balance of com- mission from the pr~eeds of the sale. 87 DATED AT ................................................ this ............... day of ................................................ 19 .......... SIGNED, SEALED AND DELIVERED In the presence of: IN WITNESS whet~f I hl~ hereunto set my hand and ................................................................................................. ~fflx 8el~ ......................... ........................................................................................ ' ......... (A~lx Seal) ......................... SPOUSAL CLAUSE "In consideration el the aura el One ($1.00! Dollar (receipt of which la hereby acknowledged) end the entering Into of this agreement by the Purchaser, the undersigned spouse of the Vendor hereby consents lo the disposition evidenced hereby pureuent to the Family Law Act, 19~ ·nd agrees to execute any and all meca·aery or c}dental documents to give full force and elfect to such sale." (Witness) ISpouse) (Dated) ACKNOWLEDGEMENT INVe acknowledge receipt of a signed copy of this accepted I/We ·cknowled0e receipt of e elgfled copy o! this accepted . Agreemenl of Purchase and Sale and authorize · copy to be forwarded to Agreement of PU~hlSe and Sale and authorize e copy to be fom/arded to my/our solicitor my/cur solicitor (Vendor) (Date) (Purchaser) (Date) (Vendor) (Date) (Purchased (Date) Telephone No. Telephone No. Vendor's Solicitor Solicitor's Address Telephone No.