HomeMy WebLinkAboutBy-law 1435/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1435/82
Being a By-Law to authorize the execution
of an Agreement of Purchase and Sale/Offer
to Purchase between The Corporations of the
Towns of Ajax, Pickering and Whitby and the
Ontario Society for the Prevention of Cruelty
to Animals (Part Lot 21, Concession 4, Whitby)
WHEREAS, pursuant to the provisions of section 193 and paragraph
208.5 of the Municipal Act, R.S.O. 1980, c. 302, the Council of the
Corporation of the Town of Pickering enacted By-Law 1434/82 on
February 15th, 1982, to provide, inter alia, for the acquisition of
certain premises, including buildings, structures, equipment and
related appurtenances necessary for the operation of the Picker-
ing/Ajax/Whitby Animal Control Service;
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 Agree-
ment of Purchase and Sale/Offer to Purchase, in the form
attached hereto as Schedule "~', between The Corporations of
the Towns of Ajax, Pickering and Whitby and the Ontario Society
for the Prevention of Cruelty to Animals, for the purchase of
that part of Lot 21, Concession 4, whitby, more particularly
described therein.
BY-LAW read a first, second and third time and finally passed this
15th day of February, 1982.
AGREEMENT OF PURCHASE AND SALE
THE CORPORATIONS OF THE TOWNS OF AJAX, PICKERING AND WHITBY
(as Purchaser), having ins~cled the properly, hereby
T~tANIMALS
THE ONTARIO. SQ.C!ETY FOR THE_PREVENTION OFCRUELTY u/ (asVendor)
agree Io and with
to purchase All and Singular the premises on the
in the Town of
west . side of Thickson Road
Whitby
frontage of .251. [eet more or less, by a depth of 1244 feet
having
. (Irreqular)
re'ore or ie~,being 'Part of
Lot No. 21 ?Conc. 4
..... registered in Ihe Land Regislry Office for the Registry/
Land Titles Division of Durham (No. 40 ) ............ (herein called the "real proper~y"f
at the price of ONE HUNDRED AND THIRTY-FIVE THOUSAND Dollars($13~000.00
of lawful money of Canada, payable 0~ ONE THOUSAND FIVE HUNDRED Dollars ($ 1,500.00 )
cneque
to Ihe said Agent/Vendor on this date as a deposit to bt held in trust pending completion or other termination of this Agreement and to be credited
on account of the purchase price on closing, and agree to pa~Z the balance on closinge subject to
adjustments.
Schedule "A" hereto attached forms part of this Agreement of Purchase and
Sale.
It is understood and agreed between the parties hereto that the former
Camp "X" building is included in the within transaction.
The Vendor represents that as at the date of acCepLan~ce hereof the Vendor has not received from any municipal or other governmental
authority any deficiency notice or work order affecting the real property pu~suam to which any deficiencies are required lo be remedied or
any demolition, repai~ or replacements are requh'ed to be carried out. If the Vendor receives any such deficiency notice or work order after
the date of acceptance hereof, the Vendor shall forthwith produce same to the Purchaser for inspection. If by the date of closing the Vendor has
not either (al complied with such deficiettcy notice or work orde.r, or (bi ~ettled with the Purchaser a, ny question of als abatement of the.
purchase price axising out of such deficiency notice or work order, the Purchaser may at his option either (al accept the real property subject
to such deficiency notice or work order or (bi terminate this Agreement. In the event of termination as afforesaid, all moneys paid hereunder
shall be returned to the Purchaser without interest or deductions.
Ienanc)'. if any lqi 1
The purchase price herein shall include the following, free and clear of encumbrances:
All fi~turex, which ~hall remain affixed to the real property, except the following fixtures which may b~ removed by the Vendor prior to
closing: nil
']'he following chuuels all of which are owned by the Vendor:
as spec±fled ±n Schedule "A" hereto.
.]hisOffc~sh.llhcirrevocablebythcPorcha&erumi]ll:5~ pm. on Iht 3rd dayof February, i,~ 82
aftc[ v. hlch time. if nOl accepted. Ihi& Offer shall be null and void and the deposit returned to Ihe Purchaser wilhoui inleresl or drducu~n
Provided the title is good and free from all encumbrances, except as aforesaid, and except local rates, and except as to any registered
restrictions or covenants that run with the land provided that such are complied with, and except for any minor easemenls for hydro, gas,
tele ~ne or like services. Purchaser to accept the real property subject Io municipal and other governmental requirements, including building
and zoning by-laws, regulations and OTders, provided the same ha'~e been complied with. Vendor agrees to authorize municipal and other
governmental authorities to release unto the Purchaser or his solicitor any information on file pertaining to such requirements.
The Purchaser to be allowed 21 days from the date of acceptance hereof to investigate the title at his own expense, and to satisfy
himself that there is no breach of municipal or other governmental requirements affecting the real property, and that its pre~ent use may be
lawfully continued. If within the time allowed for examining title, the Purchaser shall furnish the Vendor in writing with any valid objeclion
lo title, or to any breach of municipal or other governmental requirements, or as to the fact that the present use may not lawfully be continued,
which the Vendor shall be unable or unwilling to TemOVe, lemedy or satisfy and which the Pu~haser will not waive, this Agreement shall,
notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser, without interest or
deductions and the Vendor and the Agent shall not be liable for any costs or damages. Save as to any valid objection so r~ade within such
time· the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the real property.
The Purchaser shah not call for the production of any lille deed, abstract, survey or other evidence of title except such as are in the
possession or control of Ihe Vendor. The Vendor agrees thai he will deliver any existing survey to the Purchaser so soon as possible and prior
lo the last day allowed for examining title.
This Agreement shall be completed on or before the 19th day of March,
possession of the real property shall be given to the Purchaser unless otherwise provided for herein.
· 19 82 on whibh date vacant
Until completion of sale all buildings and equipment on the real property shall be and remain al the risk of the Vendor, and the Vendor
will hold all policies of insurance effected on the property and the pcoceeds thereof in trust for the parties hereto, as their interests may appear,
In the event of damage to the said buildings and equipment before the completion of this transaction, the Purchaser shall have the right to elect
to take such proceeds and complete the purchase, or cancel this Agreement, whereupon the Purchaser shall be entitled to the return, without
interest or deduction, of all moneys theretofore paid on account of this purchase. Vendor agrees to furnish Purchaser with copies of existing fire
insurance policies within seven days of the date of acceptance hereof.
Unearned fire insurance premiums, fuel, taxes, interest, rentals, and all local improvement and water rates and other charges for muni-
cipal improvements to be apportioned and allowed to the date of completion of sale (the day itself to be apportioned to the Purchaser).
Provided Purchaser ma'/ elect not Io accept assignment of fire insurance in which case no adjustment for insurance premiums.
Deed or transfer save for Land Transfer Tax Af~davit to be prepared at the expense of the Vendor, and if a mortgage is to be given back.
same to be prepared at the expense of the Purchaser on a form acceptable to the Vendor.
Provided that this Agreement shall be effective only if the provisions of Section 29 of The Planning Act, as amended, are complied with.
Vendor further agrees to produce evidence that he is not now and that on closing he will not be a non-resident of Canada within the
meaning of Section 1 16 of the Income Tax Act, or, in the alternative, evidence that the provisions of said Section 1 16 regarding disposition
of property by a non-resident person have been complied with at or before closing.
This Offer. when accepted, shall constitute a binding conlract of purchase and sale, and time in all respects shall be of thc essence of this
Agreement.
Il is agreed that there is no representation, warranty, collateral agreement or condition afl'ecting 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 su~cient Ihat a cheque certified by a chzrlered bank or trust company be tendered instead of cash.
Each party to pay the costs of reglslratinn and taxes on his own documents.
This Offer and ils acceptance to be read wilh all changes of gender or number required by the context.
DATEDat WHITBY this 21st dayof January, 1982-
IN WITNESS WHEREOF the purchasers have hereunto affixed their corporate seals
attested to by their proper officers duly authorized in that behalf.
THE CORPORATION OF THE TOWN OF AJAX
THE CORPORATION OF THE TOWN OF
PICKERING
THE CORPORATION OF THE TOWN OF WHITBY
THE VENDOR hereby accepts %he above offer, and covenants and agrees to and witl
the above-named Purchasers to duly carry out the same on the terms and con-
ditions above mentioned, and it hereby accepts the deposit of $1,500.00.
IN WITNESS WHEREOF the Vendor has hereunto affixed its corporate ~eal duly
attested to by its proper officers duly authorized in that behalf.
DATED at this da¥ of 1982
THE ONTARIO SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS
SCHEDULE "A"
PAGE - 1 -
Office Chairs
Phones
Ease radio and mike
/}pe~,Titer
large File C~Dinets 1 - 2 drab, er File c~%ine~
S~apier
~nargex Machine a~d forms -
5~stercharge and forms
Eates Ro~a~' File
Electronic ~a]culator
l]ec~ric Clock
Fictures ~nd 1 Not~ce Board
Set ef Wire Sh.l%+_= 'o: (~o hold booklets etc.)
7able
Chairs
Portable Cardboard Fiiin~ C~binet
Obse~'ation Room
Dr~g Cu~ooard
Fire E×~in..ouishers
Fii,re%!mss Cages
1 5quirrel
~ $:ret~t~r
ASr Conditioner
Tab]es ~nd 6 Cn. air$
Stockroom
1 Defogger
1 Water Heater
2 Hoses
1 ~tal Pail
2 Plastic Pails
10 Fibreglass beds
15 liooden Slats
Kitchen
1 Fridge
1 Kettle
1 Can Opener
5 Broom
2 Dustpans
Garbage Pail
Litter Pail
- 2 -
(used in kennels)
2 Sets of Cupboards 2 Extension Cords
Set of 3 stainless steel sinks
47 Litter Boxes 1 Water Pitcher
83 Cat Dishes
62 Plastic Dog Bowls
6 Steel Bowls {s~mll)
24 Steel Water Bowls
Kennels
Adoption Side: r 6 large Dog Pens
4 large Fibreglass Pens
6 small Fibreglass Pens
Stray Side:- 11 large DOg Pens_.
Outside Runs:- 10 Outdoor DOg Runs
Portable Cages Within Shelter
6 small Cages (carrying cage)
1 medium Cage
2 large Cages
Tr~ck Equipment
2 Catch Poles
2 Nets
2 Flashlights
2 Tarpaulins
2 large Equipmnt boxes
2 2-Way P)'e Radios ~ Antennas
2 Stretchers
3 Large Cages
3 Small Cages