3282 To authorize the sale of land to the County of Oxford.BY-LAW NUMBER 3282
OF
THE CORPORATION OF THE TOWN OF TILLSONB UR G
A BY-LAW to authorize the sale of land to the County of Oxford.
WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O. 2001, C . 25, a
municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other
Act,, ;
AND WHEREAS The Corporation of the Town of Tillsonburg has agreed to sell certain lands, being
Lot 25, Plan 5 51, more particularly described as Parts 1 & 2 on reference plan 41 R-6862, as described
in the Agreement of Purchase and Sale attached as Schedule "A" to this by-law;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has determined that the
said. lands are surplus to the needs of the Corporation and should be sold;
NOW THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Council of the Town of Tillsonburg does hereby authorize the conveyance of
lands described as Lot 25, Plan 551 more particularly described as Parts 1 & 2 on
reference plan 41 R-6862, as described in the Agreement of Purchase and Sale attached as
Schedule "A" to this by-law;
2. rITIAT the Mayor and Clerk be hereby authorized and instructed to perform all acts and
take such steps and execute such documents under the seal of the Corporation as may be
necessary to effect such a conveyance of said land.
READ A FIRST AND SECOND TIME THIS 10th DAY OF September, 2007.
READ A THIR AND FINAL TIME AND PASSED THIS 24th DAY OF September, 2007.
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MAYOR -Stephen Molnar
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_. jc �CLERK-
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AGREEMENT OF PURCHASE AND SALE
PURCHASER.- The Corporation of the County of Oxford offers to buy from
VENDOR: The Corporation of the Town of Tillsonburg the following
PROPERTY: known municipally as 445 Broadway Street in the Town of Tillsonburg
described as Lot 24, Plan 551, except PARTS 3 & 4, Reference Plan 41R-6862 at the Purchase Price of
Thirty-five thousand --------Canadian Dollars ($Can 35,000.00) on the following terms:
1. Upon acceptance, the Purchaser shall submit with this offer Five hundred -------Dollars ($ 500.00 )
caslv`cheque payable to the vendor's solicitor as a deposit to be held by him in trust pending completion or
other termination of this Agreement and to be credited towards the Purchase Price on completion.
2. Purchaser agrees to pay the balance of the purchase price, subject to the usual adjustments, by cash or
certified cheque, on closing.
(a) The Purchaser and Vendor hereby agree that presentation, acceptance, delivery and waiver of this signed
Offen may be communicated by electronic facsimile communication devices and understand that upon
acceptance and receipt of transmission by such means this Offer shall become a binding Agreement of
Purchase and Sale between the Vendor and Purchaser herein.
3.,, Purchaser and Vendor agree that all existing fixtures are included in the purchase price except those listed
hereunder: n/a
nd that the following chattels are included in the purchase price: n/a
Purchaser agrees that this Offer shall be irrevocable by him until 5:00 .m, on the 15th day of
st, 2007, after which time, if not accepted, this ffe shall be nu 'and void and the deposit shall be
returned to Purchaser without interest or deduction.
5. This Agreement shall be completed on the �Z 5 �' day of Sep et, 2007 . Upon completion, vacant
possession of the property shall be given to Purchaser unless therwise provided as follows:
6. Purchaser shall be allowed until 4:59 p.m. 10 days before closing to examine the title to the property,
at his own expense to satisfy himself that there are no outstanding work orders affecting the property, that
its present use may be lawfully continued, and that the principal building may be insured against risk of fire.
7. Provided that the title to the property is good and free from all restrictions, charges, liens, claims 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, provided that such are complied with;
(b) any registered agreements with a municipality or a supplies of utility service including, without limitation,
electricity, water, sewage, gas, telephone or cable television or other telecommunication service, providing
such have been complied with or security has been posted to ensure compliance and completion as
evidenced by letter from the relevant municipality or utility supplier; and
(c) any minor easements for the supply of utility service to the property or to adjacent properties.
If within the time for eYMYnini g the title qpv V91irl nl-%ir rtinn to ti*1P .,r •�,-,y `•'utsrandin-v «,.. k ordrr or
L .7...' .-I � i v � v.a i ♦ 1 �rL� .sL \.
deficiency notice, or to the fact that 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 or Vendor's solicitor, which
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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 uioney theretofore paid shall be returned without interest or deduction and Vendor and his
Agents shall not be liable for any costs or damages. Save as to any valid objection so made within such time,
and except for any objection going to the root of title, Purchaser shall be conclusively deemed to have
accepted Vendor's title to the property. Vendor hereby consents to the municipality releasing to Purchaser
details of all outstanding work orders or deficiency notices affecting the property, and Vendor agrees to
execute and deliver to Purchaser or his solicitor such further authorizations in this regard as Purchaser may
reasonably require.
8. Purchaser acknowledges having inspected the property prior to submitting this Offer and understands
that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between
Purchaser and Vendor.
9. Vendor and Purchaser agree that there is no condition, express or implied, 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 stipulated elsewhere in this Agreement.
10. Purchaser shall not call for the production of any title deed, abstract, or other evidence of title to the
property except such as are in the possession or control of Vendor. Vendor agrees that, he will deliver a
survey of the property to Purchaser as soon as possible and prior to the last day allowed for examining title.
In the event that a discharge of any mortgage or charge held by a corporation incorporated pursuant to the
Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union or Insurance Company and
which is not to be assumed by the Purchaser on completion, is not available in registrable form on
completion, the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain, out of
the closing funds, a discharge or cessation of charge in registrable form and to register same on title within
a reasonable period of time after completion, provided that on or before completion the Vendor shall provide
to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain
the discharge, together with a direction executed by the Vendor directing payment to the mortgagee of the
amount required to obtain the discharge out of the balance due on completion.
1L All buildings on the property 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 theretofor 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 mortgage or a charge, or Purchaser is assuming a
mortgage or a charge, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to
protect the Vendor's other mortgagee's interest on completion.
i L. rrovioeci mar chis Agreement shah ne effective to create an interest in the property only if the subdivision
control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor
hereby covenants to procecd diligently at his expense to Obtain any necessary consent on or before
completion.
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1.3. Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary
for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser'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 not claim such credit if Vendor delivers on completion the prescribed certificate or his
statutory declaration that his is not then anon -resident of Canada.
14. 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.
15. The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the
expense of Vendor, and any mortgage or charge to be given back by the Purchaser to the 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 Clauses 50 (2 2) (a), (b) and (c) of The
Planing Act, 1990.
16. 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 solicitors who may be specifically authorized in that regard.
Any tender of documents or money .hereunder may be made upon Vendor or Purchaser or their respective
solicitors on the day set for completion of this Agreement. 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.
18, THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS
TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW ACT, 1986, UNLESS THE
VENDOR'S SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDED,
19►. The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the
property, the Vendor has not caused any building on the property to be insulated with insulation containing
urea formaldehyde, and that to the best of the Vendor's knowledge no building on the property contains
insulation that contains urea formaldehyde. 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.
20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING
CREDIT AND/OR PERSONAL INFORMATION MAY BE REFERRED TO IN CONNECTION
WITH THIS TRANSACTION.
L 1. if there is rr?ni�t�et between any provisions written or typed rr�_ this _�-lgreen�ent ��nC!'Zlding any Sci'�edule to this
Agreement) and any provision in the printed portion hereof, the written or typed provision shall supersede
the printed provision to the extent of such conflict. This Agreement including any Schedules attached
hereto, shall constitute the entire Agreement between the Purchaser and Vendor. There is no
representation, warranty, collateral agreement or condition, whether direct or collateral or expressed or
implied, which induced any party hereto to enter into this Agreement or on which reliance is placed by any
such party, or which affects this Agreement or the property or supported hereby, other than as expressed
herein. This Agreement shall be read with all changes of gender or number required by the context.
22. If this transaction is subject to Goods and Services Tax (G.S.T.) then such G.S.T. shall be in addition to and
not included in the purchase price, and G.S.T. shall be collected and remitted in accordance with applicable
legislation. If this transaction is not subject to G.S.T., the Vendor agrees to provide on or before closing to
the Purchaser or Purchaser's solicitor a certificate in the form prescribed by the applicable legislation (if so
prescribed, or otherwise in a forth reasonably satisfactory to the Purchaser or Purchaser's solicitor) certifying
that the transaction is not subject to G.S.T. "G.S.T." means the tax commonly referred to as the "Goods and
Services Tax" contemplated by Bill C-62, Third Reading April 10, 1990, of the Parliament of Canada, or as
may be subsequently enacted into law. In the event this is a farm or other commercial transaction which the
Purchaser determines is not subject to GST, the Purchaser agrees to prepare and file whatever GST forms
are necessary to exempt the transaction from GST on closing.
DATED at Woodstock, Ontario this day of J&Y , 2007
SIGNED, SEALED AND DELIVERED
in the presence of:
DATED at Tillsonburg, Ontario this
IN WITNESS whereof I have hereunto set my hand and seal:
) THE CORPORATION OF THE COUNTY OF OXFORD
Per•
Purchaser -Paul Holbrough, Warden
Purc aser -Kenneth J. Whitefo ,Clerk/C.A.O.
We have the authority to bind the Corporation.
day of July , 2007
SIGNED, SEALED .AND DELIVERED IN WITNESS whereof I have hereunto set my hand and seal:
in the presence of:
THE CORPO ,.TION OF THE TOWN OF TILLSONBURG
Per:
4
,I v %-L %AWL '
We have the authority to bind the Corporation.
Vc'ndc�r's Sol; Purchaser's Sol: %repory W_ Boddv - BEATTY- , STOCK 1C BODDY
Address: Address: P.O. Box 335,487 Princess St., Woodstock, ON N4S 7X6
Phone: Fax: Phone: (519) 537-6629 Fax: (519) 539-2469