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. INVESMTENTS LIMITED
WALBI HOLDING COMPANY LIMITED
JANBI HOLDING COMPANY LIMITED
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