3065 To authorize the sale of lands to David Prince.2.
THE CORPORATION OF THE TOWN OF TILLSONBURG
. ,_ -
BY-LAW NUMBER
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 the
CorporLition cif the Towel of Tillsonburg for industrial purposes under allthorlty of By -Law 2373.
ti,VHEREAS the Corporation of the Town of Tillsonburg has Agreed to sell certain lands, being
PLirt Lot.2, Concession 6 North of Talbot Road, shown as Part/ on Registered Plan 41 R- 7,,/JD, In
the Tovn of Tillsonburg, COLinty of Oxford, to David Prince, in accordance with the Agreement
Of Purchase and Sale dated 27`" June , 2003 a copy of which is attached hereto and marked
Schedule "A" to this by-law.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
T111s0nbu1'g as follows:
1. THAT the Council of the Town of Tillsonburg does hereby authorize the conveyance of
1,,mcis known as Part Lot 2, Concession 6 North of Talbot Road, shown ,.is Part /j cell
Registered PlL►n 41 R-7 , in the Town ol� Tillsonburg, County of Oxford, to David Prince
;at the purchase price of $53,000, '
1.
�l l� hPrPrn illi 1 [ «rN, Uit_e_
3. TH,/-\T the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of' the Town of Tillsonburg, all docurlZents required to implement the
ands described in Clause t hereof.
conveyance of l
REAL) A _FI.RST, SECOND AND THIRD TIME, PASSED, SIGNED, SEALED AND
NUIVIBE IS 28t1i DAY OF July, 2003.
NIAY R
CHIEF AbMINISTRATIVE OFFICER/CLERK
I, Lana Lund, Deputy Clerk for the Town of Tillsonburg, hereby certify that
this is a true copy of By -Law 3065, dated this 28th day of July, 2003.
Lana Lund, AMCT
3,
APPENDIX "B" TO AGREEMENT
THE CORPORATION OF THE TOWN OF TILLSONBURG
TILLSONBURG INDUSTRIAL PARK
CONDITION OF SALE
To maintain the high standards set by the Town of Tillsonburg in establishing its Industrial
Parks, the remaining vacant lands are being offered for sale under the conditions set out herein.
These conditions will ensure a pleasant, park -like setting incorporating well -kept, landscaped
areas with attractive, properly set back buildings.
Lot coverage will be controlled to provide adequate parking facilities and room for reasonable
expansion related tot the purchaser's type of industry.
The requirements governing all sales are set out to provide prospective purchasers, as well as
existing industries, with maximum protection of their investments and to create an attractive,
well planned and pollution free industrial park which will be a source of pride to them and to the
community.
For the purpose of these conditions, the following definitions will apply:
The Town: The Corporation of the Town of Tillsonburg
The Council : Municipal Council of the Town of Tillsonburg
The Park: Tillsonburg Industrial Park
CONDITIONS:
1. All sales of industrial land are subject to all applicable zoning by-laws and any other
regulatory conditions made by the Town.
2. In all sales, the Council will exercise discretion as to the type and quality of industry
Which will be permitted to locate in the park.
3. Mlnlinum lot coverage will be 5,000 square feet of' building per acre, with l-nlnlmulll
setbacks from all property lines as specified by the Town's applicable by-laws.
Landscaped areas which are established in excess of the minimum setbacks designated
may be exempt from ininimum lot coverage requirements with the consent of Council.
The Council may exercise flexibility in certain circumstances where the type of industry
proposed requires changes or amendments in lot coverage requirements. Requests for
such consideration must be made in writing to the Council.
4. The sale price will be $26,500 per acre for municipally owned industrial land serviced by
water and sanitary sewers. Connection charges for water and sewers from the main to the
property line will be the responsibility of the purchaser. The cost of storm sewers if or
when installed, will be assessed proportionately on an acreage to each industry located in
the park.
5. In addition to the above per acreage charge for land, there will be certain additional
charges made by the Town for water and electrical service. These costs are variable
depending on size and location of property and type of service required that can be
obtained from the Town.
6. The purchaser will be required to submit for approval to submit for approval by the
Town, the following:
(a) site plan
(b) floor plan
(c) elevations
(d) proposed exterior materials
(e) plan of landscaped area
%AA
-2 -
7. The purchaser will be required to begin construction within six months of the date of
purchase. Should additional time be required, such extension must be requested in
writing by the purchaser and will be approved at the discretion of the Council.
cS. The purchaser will be subject to the regulations of the Town, County of Oxford and
Province of Ontario, Ministry of the Environment, governing the discharge of wastes and
effluents into municipal sanity sewers and rivers, and will provide the necessary
environmental protection and be liable for the cost of any pretreatment which may be
required to comply with the said regulations.
9. The purchaser will be required to landscape and maintain his land to present the intended
park -like appearance. Should he neglect to cut the grass and weeds and generally
maintain the appearance of his property and any adjacent lands under option to him, the
Town reserves the right to do the necessary work and any costs thus incurred will be
charged to the purchaser.
10. Outside storage areas must be screened off in a manner acceptable to the Town.
11. Should the purchaser fail to comply with any applicable condition, by-law or regulation
as set out herein, the Town may regain the lands at any time prior to the start of
construction by repayment of 900ro of the monies paid toward the purchase price of the
land.
12. All original agreements and covenants will remain in effect and binding on subsequent
purchasers or leases of buildings, lands or portions thereof, and such sales must be
approved by the Town where the nature of the intended industry is other than that
established by the original purchaser.
13. The purchaser in the event that the building constructed be of a rental nature will be
required to submit for the Council approval and tenancy. Tenants must be
manufacturing -oriented for acceptance,
14. The purchaser shall provide a security deposit to the Town of Tillsonburg on the
construction of the building on the said lands in accordance with the Town's Site Plan
Approval Policy.
15 . The within conditions of sale shall continue to be binding on both of the parties hereto
and shall not merge on completion of the transactions but shall remain binding on both of
the parties.
THIS IS SCHEDULE "A" to the offer to Purchase from V,#
to The Corporation of the Town of Tillsonburg.
Pe r: ---�
THE CORPORATION OF THE TOWN OF
TILLSONBURG
Per. • �..._ � s_�� ... _ _
01WA AGREEMENT OF PURCHASE AND SALE
�
(FOR USE IN THE PROVINCE OF ONTARIO) UAL
Aswition
PURCHASER, ......., .................. . ......... .
Dave Prince ....... . ... . .................. ............................. I, og� to purchose from
(Full legal Hama o all Purchasers)
VENDOR, ..... .
The Corporation of the Town of Tillsonbur8 ....................... ,the following
(Full legal names of all Vendors)
REAL PROPERTY: South Clearview, Drive
Address Clearview Drive, Tillsonburg1. fronting on the ...........................side of .. , ........... , ...... ,
inthe Town of Tillsonburg ......................... .................................................... .
more or less a de of . .................. . .............. .......... more or less and legally described as
and haying a frontage Cf .................................. . ...... by depth
Part lot 2, Concession 6 North of the Talbot Road, RP41R......... I-3536 in the Town of TWsonburg . .... ........
............ (the "property/l.
(Legal description of land including easements not described elsewhere)
PURCHASE PRICE:, .............. .
fty Three Thousand.. Dollars (CDN$ ....... 5.3000.00
Fi)
DEPOSIT: Herewith Five Thousand I ... , ... .... . and T1uee Hundred Dollars (CDN$ .........5 300.00 ..... )
Purchaser submits (........... . ..... )
(Henw'rfh/Upon 000eptanoe)
cash or negotiable cheque payable to .. . ....... . ........................The. Town of Tillsonburg , _ . , ... , ......... , ......... to be held in trust paroling 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:
era agrees to the balance of the purchase price, subject to adjustments, in cash or by certified cheque, to the Vendor on the
The Purchaser g pay
completion of this transaction.
This offer is conditional until 5:00p m on the 18th day of July 2003 upon this offer being approved by the Corporation of the Town of
TWsonburg for the severance of two(2) acres of industrial land immediately west of the Purchasers currently owned parcel (see schedule
B attachedfailin which this offer shall become null and void and the Purchasers deposit shall be returned to him in full without
)> g
deduction.
This offer is is further conditional until 5:00pm on the 25th day of July 2003 upon the Purchaser approving the surveyed demensions of
said property from the Corporation of the Town of Tillsonburg failing which this offer shall become null and void and the Purchasers
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 writng to the Vendor within the time allowed.
SCHEDULE(S) ... attached hereto form(s) part of this Agreement.
1. CHATTELS INCLUDED: ............. .............. .................................................................. . ..............................................................
2. FIXTURES EXCLUDED% .. . ............. ................... ................... ...... ,...................................................................... .... ............
..................... .1,
The following equipment
....... ... ................ I I ........ I ..................... ..... I - - I I .......
ng q
3. RENTAL ITEMS: p meat is rented and not included in the Purchase Price. ....... ............... The Purchaser agrees to assume the rental contract(:), if assumable:
4. IRREVOCABILITYi This Offer shall be irrevocable by ... Purchaser until 5,:00 ... p.m. on the 30th day of ....... , . .Tune .... 1.1.1 20 .. 03 .
(Vendor/Purchaser)
after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the 15th day of August........ , 20.. 03.. .
Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
6. N OTI CES: Vendor hereby appoints the Listing Broker as Agent for the purpose of givi and reoeivir-q notices pursuant to this Agreement. Only If the Co-op*roting
Broker is the Interests of the Pur+chaaer M this troneactbn, the Purchaser hereby appoints the Co-operatir� Broker as Agent for the purpose of
pin notices pursuant to this Agreement. notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of
giving and neoe ng pu Ag �y ng
acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided in the Acknowledgement below, or
where a facsimile number is provided herein, when transmitted electronically to that facsimile number.
FAX No. (For delivery of rx)tioet to Purchaser)
FAX NO. .... ......... ....... , (For delivery of ndiGa to Vendor) .... , ..... , ........... , .... , ............ ..... .
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be ....................................................... the Purchase Price.
(inducted inln oddition to)
If this transaction is not subject to G.S.T,, Vendor agrees to certify on or before closing, that the transaction is not subject to G.S.T.
8. TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the 8th day of . , , ..... , August , , 20.03, , (Requisition Date) to
examine the title to the property at his own expense and until the earlier of:- '�iJ 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; (it) five days prior to completion, to satisfy himself that there are no outstanding work orders
oir deficiency notices affecting the property, that its present use ( . . .................. . . . ......... . .... . .........Vacant land
......................................... ..........
.... .... )
may be lcwfuly axrtinued and ttxrt the principal buildingbe insured against risk of fire. Vendor hereby consents to the municipality or other governmental
agerxies releasing to Purchaser details of all oubskanding orders affecting the property, and Vendor agrees to execute and deliver such further authorizations
in this regard as Purchaser may reasonably require.
9. FUTURE USEtVendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the prr�perfy by Purchaser is
or will be lawful except as may be specifically provided for in this Agreement.
10. TITLE: P�vvided that the title to the property is goad and free from all registated resiridiorrs, charges, liens, and er�axrrixvrraes e>mept as ofherwiee specifraolly prv�rded in
with the land providing Nwt such are complied with
this Agreement and save and exmpt for (a) any registered restriction or oownants that run ; (b) any registered
rrwnapal agreemer* and regissea agreemer* with Publicfy regukoed utilities providing wch ham been corYr wd with, or ssa.mty has been posted bensure cornpl'ranae
and completion, as evidenced by a letter Pram the relew nt municipality or reg ulcrk d 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
olitstanding 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 wrrttng to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy or obtain insurance to favour of the
Purchaser and any mortgagee, (with all related costs at the expense of the Vendor), and which Purchaser will not waive, this Agreement notwithstanding any
intermediate acts or negotiations in respect of such ob'ections, shall be at an end and all monies paid shall be returned wittrout interest or deduction and
Vendor, Listing Broker and Coope roti ng Broker s ha I l root � I is Ue for any cxasts or da mages. Save as io any w (id obfect o so mode by s uch day a nd w oe pt for
any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
11. CLOSING; ARRANGEMENT& Where each of the Verdors and Rxdxzw robin a lawrrer to complete the Agreemwt of Rxchase and Sale of the property, and where
the transoction will be completed by electronic registration pursuant to Pert III of the Land Registration Reform Act, R.S.O. 1990, Chapter L4, and ory a mend mems
thereto, the Vendor and Purchaser acknowledge and agree that the delivery of documents and the release thereof to the Vendor and Purchaser may, at the lawyer's
discretion; (a) not occur oory0empora rwKxzly wrth the reg cstmrtion of the transfer/deed (and other registerable documentation,) and 4b) be subject to a x -&ions whereby
the lawyer receiving documents and/or money will be required to hold them in mist and not release them a inept in accordance with the tens of a written ograerrero
between the lawyers.
OREA Standard Form: Do not alter when printing or reproducing the standard pree"t portlom INSTANT l "W Form No.101 01/00
12. DOCUMENTS AND DISCHARGE; Purchaser shall not call for the production of any title deed, amtract, survey or orner eviaence or rima to irle wuPu"Y rsA4vP1
as ana 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 Pi. rchawr 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), Chartered Bank, Trust Company, Credit Union, Coisse Populaira 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 Vendor's lawyer's personal undertaking to obtain, out of the closing
funds, a dischorge in registrable form and to register some 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 ai camplotion.
gg e property and understands that upon occvptonoe of this Offer
13, INSPECTION: Punha�r acknowledges having had the opportunity to Inspoct th p per'ty
thoro shall be o binding agroomont of purchase and sale between Purchaser and Vendor.
14. INSURANCE:AIL buildings on the property and all other things, substantial damage,
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 prncee'Js thereof in trust for the parties as their interests may appear and in the event of
Purchaser may either terminate this Agreement and have all monies paid retumed 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 bock a Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage,
Purchaser shall sup ly Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's ee's interest on completion.
f the
15. PLANNING ACTe Agreement reement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions o
A
Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion.
16. 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
TronoJer/Deed to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R.S.O. 1990,
17, RESIDENCYs Purchaser shall be credited towards the Purchase Price with the amount, rf any, necessary for Purchaser to pay to the Minister of National Revenue to
satisfy Purchoser's liability in respect of tax payable by Vendor under the non -residency provisions of the Income Tax Act by reason of this sale. Purchaser shall oat
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.
18, ADJUSTMENTSs 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,
19, 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 Ior7 ors who may be specifically authorized in that regard.
20. TENDERS An tender of documents or money hereunder mo be made u n Vendor or Purchaser eir respective lawyers on the day set for completion. Money
Y YY
may be tendered by bank draft or cheque certified by a Chartered Bon , Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Popuioire.
this transaction under the provisions of t
21. FAMILY LAW ACTt Vendor warrants that spousal consent is not necessary to he Family Law Act, R.S.O. 1990 unless Vendor's
spouse has executed the consent hereinafter provided.
22. 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 ureaformcldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained
insulation that contains ureafom)aldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is port of c multiple
unit building, this warrantyshall only apply to that part of the building which is the subject of this transaction,
23. CONSUMER EPORTSsY
The Purchaser is hereby notified that a consumer report containing credit and/or personal information racy be referred b in
connection with this transaction.
24. AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
25. AGREEMENT IN WRITINGt If there is conflict or discrepancy 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
or discrepancy. 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.
26. SUCCESSORS AND ASSIGNSs The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein.
DATED at . 'Tillsonburg this 23rd ... .... , , . day of .................. icing.. , 20 0.3—
DATED
SIGNED AL A DELIV E in the esence of: IN WIT SS w reof I have hereunto set my hand and seal:
DATE
Witness) (Purchaser) (Seal)
DATE
s) (Purchaser) (Seal)
he 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.
DATED at ... Tillsoiiburg.. .. . . this . ............... . .......... . day of . ............. ................... , 20 ....... .
SIGNED, SEALED AND DELIVERED in the presence of: IN.WITNESS.W reof.l-_have hereunto set my hand and seal:
�... DATE .:.....�. .. ` %i. ,
(Witness) (Vend\o� ...... (Seal)
.....,.,. ,,................................. ........... .......,.,...., DATE ...,., ......,,,...,...., .,.
(Witness) (Vendor) (Seal)
SPOUSAL CONSENTS The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family low Act,
R.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.
0 DATE
itness ............. ...... .
M�' .. ) (Spouse) (Sea I )
CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by
all parties at a.m./ y<X this day of ......................... ....... ?0 ....................................................................... .
(Signature of Vendor or Purchaser
CONFIRMATION OF REPRESENTATION
hereby acknowledge and confirm the Listing Broker represents the interests of the I hereby acknowledge and confirm the Co-operating Broker represents the interests
Vendor and the Purchaser in this transaction, of the in this transaction.
Non ... .
(V and the Purchaser) (Vendor/Purchaser)
..................................
Signature of Listing Broker or authorized representative Signature of Co-operating Broker or authorized representative'
Name of Listing Broker:.... Coldwell Banker-G.R.Paret Realty Limited Name of Co-operating Broker:
(519)688-382.0. .(5,19)688-,3796 .. (, . ) ( , .... .
Tel No, FAX No. Tel No. FAX No.
ACKNOWLEDGEMENT
acknowledge receipt of my signed copy of this accepted Agreement of Purchase and I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and
Sole and I authorize the Agent to forward a copy to my lawyer Sale and I authorize the Agent to forward a copy to my lawyer
DATE DATE
(Vendor) (Purchaser)
(Vendor)
Address for Service:. .. .
Vendor's Lawyer
Address
Tel No.
DATE
Tel. No. ( )
Craig Brown
( )......... .....
FAX No,
DATE
(Purchaser)
A,ddres8 for Service: ........................................
Tel. No. �..,....).,.....
Purchaser's Lawyer Craig Brown .........................
Address
Tel No. FAX No.
FOR OFFICE USE ONLY 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 moneys received or receivable by me in connection
with the Transaction as contemplated in the MLS Rules and Regulations of my Roal 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 Purchaae and Sale. Acknowledged by:
Signature of listing Broker or authorized representative Signature of Co-operating Broker or authorized representotive
INSTANT POW'
N -o