2955 To authorize the sale of lands to David Prince.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 2955
A BY-LAW to authorize the sale of lands to David Prince.
WHEREAS the lands subject to this by-law have been authorized for acquisition by ti
Corporation of the Town of Tillsonburg for industrial purposes under authority of By -Law 2373.
WHEREAS the Corporation of the Town of Tillsonburg has agreed to sell certain lands, bei
Part Lot 2, Concession 6 North of Talbot Road, shown as Part 1 on Registered Plan 41R-6783,
the Town of Tillsonburg, County of Oxford, to David Prince, in accordance with the Agreem4
of Purchase and Sale dated November 23rd, 2000, a copy of which is attached hereto and mark
Schedule "A" to this by-law.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town
Tillsonburg as follows:
1. THAT the Council of the Town of Tillsonburg does hereby authorize the conveyance
lands known as Part Lot 2, Concession 6 North of Talbot Road, shown as Part One
Registered Plan 41R-6783, in the Town of Tillsonburg, County of Oxford, to Dal
Prince at the purchase price of $26,500.00, in accordance with the Agreement of Purch�
and Sale, attached hereto as Schedule "A" to this by-law.
2. That Schedule "A" attached hereto is hereby declared to be a part of this by-law as
written and incorporated herein.
3. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
Corporation of the Town of Tillsonburg, all documents required to implement
conveyance of lands described in Clause 1 hereof.
READ A FIRST, SECOND AND THIRD TIME, PASSED, SIGNED, SEALED
NUMBERED 2955 THIS 8th DAY OF JANUARY, 2001.
MA
TRATIVE OFFICER/CLERK
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
REALTO
PURCHASER,
Dave Prince
agrees to purchase from
_.
_....... ... ..
(Full' legal names ofall' t'urchasers)' ..._........
_......
VENDOR, ....... ..........
The. Corporation of the Town of Tillsonburg ..... _ ....
_ _ _ _ . _ _ _ .. _ _ ,the following
REAL PROPERTY:
(Full legal names of all Vendors)
Address Clearview Drive, Tillsonburg
South i
_fronting on The side of
Clearview Drive
in the .................... ..
Town of Tillsonbur g................... .........................
and having a frontage of
more or less by a depth of
....................................... ....... .....
more or less and legally described as
Part lot 2,Concession 6 North of the Talbot Road, RP41R-3536 in the Town of Tillsonburg,County of Norfolk
.................. .............. ......... ............... ........ ....... ..-........... ....................................... .................. ...... .................. ............ -........
............................... ............._..
........._....... .1111 .... .1111 1111.. .......
( P Perty��)
t e "property").
_
(Legal description of land including easements not described elsewhere)
PURCHASE PRICE: ..........................................
Twenty Six Thousand Five Hundred
pallors (cDN$........ 26,500.00 )
DEPOSIT:
Purchaser submits Upon acceptance
)1111 .. .........
.. Two Thousand Six Hundred Fifty
_.
Doctors (CDNS.... 2,650.00
_ .. 1111.
(Herewith/Upon acceptance)
cash or negotiable cheque payable to .1111 _............... The Town of Ti11SOnburg to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows:
The Purchaser agrees to pay the balance of the purch rice, subject to adjustments, in cash or by certified cheque, to the Vendor on the
completion of this transaction.
/3�`
W, ,
This offer is conditional until 5:00 pm on the—S* day of December,2000 upon this offer being approved by the Corporation of the Town of
Tillsonburg,failing which this offer shall become null and void and the Purchaser's deposit shall be returned to him in full without
deductions. r ��Dec�vber,2000
upon the Purchaser approvmg the surveyed dem n ions fromThis offer is father conditional until 5:OOpm on the 4 yo
the Corporation of the Town of Tillsponburg on said property,failing which this offer shall become null and void and the Purchaser's
deposit shall be returned to him in full without deductions.
This condition is included for the benefit of the Purchaser and may be waived at his option by notice in writing to the Vendor within the
time allowed.
SCHEDULE(S) .... 1111 _ ,;, �1° nBn _........... ...... attached hereto form(s)part ofthis Agreement.
1. CHATTELS INCLUDED:
2. FIXTURES EXCLUDED:
3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase P ' The Purchaser agrees to assume the rental contract(s), if assumable:
J�,c�0o2
4. IRREVOCABILITY. This Offer shall be irrevocable b PYfrl+aaeY unt 6:0 p.m. on the 24th day of November 2000 ,
Y__........__....._ , 1,111
(Vendor/P icf astir) (y-)
after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full witho Wrest.
5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .ial ll�� day of January 2001
Upon completion,vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. (Y—d
6. NOTICES: Vendor hereby appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Dnfy N the Co -Operating Broker
represents the interests of the Purchaser in this transaction , the Purchaser hereby appoints the Co-operating Broker as Agent for the purpose of giving and
receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any
notice shall be deemed given and received, when hand delivered to the address for service provided in the Ackowledgment below, or where a facsimile number is provided herein,
when transmitted electronically to that facsimile number.
FAX No. (For delivery of notices to Vendor) FAX No. (For delivery of notices to Purchaser)
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be.. 1. ........ ........ the Purchase Price.
(included In / in addition to
If this transaction is not subject to G.S.T., Vendor agrees to certify on or before closing, that the rgpsactio . t subject
8. TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the _2.7� / ... day of 00a , (Requisition Date) to
lysed
examine the title to the property at his own expense and until the earlier of: () thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are
fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders
or deficiency notices affecting the property, that its present use ( )
may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to
Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may
reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful
except as may be specifically provided for in this Agreement.
1 O.TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this
Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with;(b) any registered municipal agreements
and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by
a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d)
any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the
property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may
not lawfully be continued, or that the principal building may not be insured against risk of fire 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
paid shall be returned without interest or deduction and Vendor, Listing Broker and Co-operating Broker shall not be liable for any costs or damages. Save as to any valid objection so
made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendors tide to the property.
Ol standard forma De net editor Ww pein"no or r.P. I lie sNodod pro -got #~066. INAAM fCMS' trorm es fel e117e9
11. DOCUMENTS AND DISCHARGE: 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 Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and
.prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), C Iwrtered Bank,
Trust Company, Credit Union, Caisse Populoire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registrable form on completion,
Purchaser agrees to accept Vendors lawyers personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same on title within a reasonable
period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance
required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance
due on completion.
12.INSPECTION: Purchaser aclosowledges having had the opportunity to Ins the property and understands that aper aaeptanee of this Offer *we shall
be a binding agreerrrere st of purchase, and sale between Purchaser and V or.
13. INSURANCE: All buildings on the properly and all other things being purchased shall be and remain until completion at the risk of Vendor.Pending completion, Vendor shall
hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Purchaser may either terminate
this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be
transferred on completion. If Vendor is taking back a Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of
adequate insurance to protect Vendor's or other mcittgagee's interest on completion.
14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only 9 Vendor complies with the subdivision control provisions of the Planning Act by
completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION: The Transfer / Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor, and any
Charge/Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer/Deed to be delivered on
completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R.S.O. 1990.
16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount,if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchasers
liability in respect of tax payable by Vendor under the ran -residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on
completion the prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17.ADJUSTMENTS: Any rents,mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as
applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Purchaser.
18. TIME LIMITS: 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 lawyers who may be specifically authorized in that regard.
19.TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered
by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire.
20. FAMILY LAW ACTt Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse
has executed the consent hereinafter provided.
21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with
insulation containing ureaformaldehyde, and that to the best of Vendors knowledge no building on the property contains or has ever contained insulation that contains
ureoformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply
to that part of the building which is the subject of this transaction.
22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to in
connection with this transaction.
23.AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
24.AGREEMENT IN WRITING: If there is conflict between any provision added to this Agreement ( including any Schedule attached hereto ) and any provision in the standard
pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall
constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as
expressed herein. This Agreement shall be read with all changes of gender or number required by the context.
25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein.
DATED at Tillsonburg 21st November. 2000
...................................................this....................... day of .........................................................., ............................
p.... lt+ed
SIGNED, D IVER he rese of: IN WITNESS wh, real ve hereunto set my hand and seal:
..
............................................... DATE ... �.rJ..Z7100.
(Witness) (Purchaser) (Seal)
DATE
........................................................................................................................................................................
.....................................
(Witn ) (Pvrchoser) (Seal)
I, the Undersigned Vendor, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of the commission together with
applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as
advised by the Listing Broker to my lawyer.
Tillsonbur..................................... rhis.......�.'r3........ day of ..:..... A)0.��1�►.!f'�1.�-............ ..2�U.......
...
DATEDat ....................... ............... ............. ........g
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (yead
DATE.....................................
......ess)..... .......... .. (Vendor) ... ...... .. .... (*
. . ..............................................
DATE ....OZ�Z3...B.......
(Vendor] (Seal)
USAL CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Low Act,
.S.O. 1990, and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein.
DATE.....................................
oUse)
................................................................................ Seal
CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreementwith all cha es rat typed and written
was finallyexecuted b all parties at Wj� �� 2Odd t
Y to qii 0 �! a.m./p.m. this •�� .......day of .................... re o •radar Or PVfchasef)............
CONFIRMATION OF REPRESENTATION tt�a g
I hereby acknowledge and confirm the Listing Broker represents the interests of the I hereby acknowledge and confirm the Co-operating Broker represents the interests of
Ve d fits urchaser (Vendor and the Purchaser) in this transaction. the , , . . . (Vendor/Purchaser) in this transaction.
.... ....... ....9 .......
• m Brok or uthornzed re esentaliw ^^ S gnature of Co-operating Broker or authorized representotrve
ams of Usting Broker. .... 'L?GsD.4! Gam-..... tl. C. ........................ Name of Co-operating Broker:..............................................................................
'".?............1..........1.......................................................1.......................................................................................................
Tel No. FAX No. Tel No. FAX No.
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale
A8PYY
and I authorize the Agent to forward a co tom lawyer. er. and I aWor�iz Agent to forward a copy to my lawyer. ATE Irv, . OW
...... ........................
DATE ..............................,............................................... D
(Vendor) (Purchaser)
DATE........................................................... DATE ..............................
(Vendor) (Purchaser)
Address for Service:_..................................................................................... Address for Service:........................................................................................
Vendor's Lawyer ........................ .
Address..................................
(............................................
Tel No.
FOR OFFICE USE ONLY
Tel No. (............ ) .
..................
PA)i FAk No.
Tel No. (............ )............
Purchoser's Lawyer ...............................................Cra
...ig Brown
............
Address._..............................................................................
(......... ..1 ................ ........... ..................WNo.... )...................
Tel No.
COMMISSION TRUST AGREEMENT
To:Co-operating Broker shown on the foregoing Agreement of Purchase and Sale:
In consideration for the Co-operating Broker procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all monies received or receivable by me in connection
with the Transaction as contemplated in the MLS Rules and Regulations of my Real Estate Board shall be receivable and held in trust.This agreement shall constitute a Commission
Trust Agreement as defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust.
DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sale. Acknowledged by:
9ituie'ofCo- iotiri"Broke�6o 66th6oiiedie esentative
Signature of Usting Broker or autlio'riied iepretentative 906 °P• 9 �