3288 To authorize the sale of land to the County of Oxford.BY-LAW NUMBER 3288
OF
THE CORPORA TION 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 , 2 0 01, S.O. 200l, C . 2 5 , 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 Part Lots 436 & 437, Plan 500 and part of the closed road allowance of First street more
particularly described as Parts 1 & 2 on 41 R-5744, 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 Part Lots 436 & 437, Plan 500 and part of the closed road allowance of First
street more particularly described as Parts 1 & 2 on 41 R-5744, as described in the Agreement
of Purchase and Sale attached as Schedule "A" to this by-law;
2. THAT 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 DAY OF , 2007.
READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF 920070
r'
r
MAYOR -Stephen Molnar
CLERK -Michael Graves
Agreement of Purchase and Sale
for cP in PrY��inrp Of (1rltSr'0
t c
SU1YER COUNTY OF OXFORD
SELLER TOWN OF T�LLSONBURG
REAL PROPERTY:
Address. W/ S OF KING ST., NORTH OF CONCESSION
legally described as
Part of lots 436 & 437, and part of the closed first street
as parts 1 & 2, 41R-5744
PURCHASE PRICE: _ _ --- $150,000.00 - - - - - - - ----------------------------Dollars (CON):
DEPOSIT:
Buyer submits (herewith/upon acceptance) One thousand ------------------------------------------------Dollars (CDN) $1,000.00
by negotiable cheque payable to Gibson. Linton, Toth, Campbell & Bennett in trust
to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on
completion. Buyer agrees to pay the balance by certified cheque subject to adjustments on closing.
SCHEDULES:
"A" attached hereto form(s) part of this Agreement.
1, CHATTELS INCLUDED:
2. FIXTURES EXCLUDED:
3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. the Buyer agrees to assume the rental contract(s),
if assumable:
4. IRREVOCABILITY: This Offer shall be irrevocable by Seller/Buyer until after which time, it not
accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest.
5. COMPLETION DATE: This Agreement shalt be completed by no later than Upon completion, vacant
possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement.
6. NOTICES: Seller here appoints his/her/their solicitor as agent for the purpose of giving and receiving notices pursuant to this Agreement. The Buyer
hereby appoints his/her/their solicitor 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 Acknowledgment below, or where a facsimile number is provided herein, when
tra nsmitted electronically to that facsimile number.
Fax No. (for delivery of notices to Seller):
Fax No. (for delivery of notices to Buyer):
7. GST: If this transaction ,s subject to Goods and Services Tax (G.S T.), then such tax shall be in addition to the Purchase Price. If this transaction
is not subject to G.S.T., Seller agrees to certify on or before closing that the transaction ir. not subject to G.S.T.
8. TITLE SEARCH: Buyer sha►l be allowed untii (Requisition Date) to examine the title to the property
at his own expense and until the earlier of. (1) thirty days from the Eater of the Requisition Date or the date on which the conditions in this Agreement
are fulfilled or otherwise waived: or (ti) five days prior to comoletion. to satisfy himself that there are no outstanding work orders or deficiency notices
affecting the property, that is present use may be lawfully continued and that the principal building may be insured against risk of
fire Seller hereby consents to the munic►pawy c-, wrier governmental agencies releasing to Buyer details of all outstanding work orders affecting the
property. and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably required.
9 FUTURE USE: Serer and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer
is or will be lawful except 3s may be specifically provided for in this Agreement.
10 TITLE: Provided that the tale to the property is good and free `,om 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. provided that such
arP rompliPri wifh, �b, a^; raniste�ed municipa! agreements and registered agreements with publicly regulated utilities providmq such have been
cornolied w�it1. ui 5ecuil1v rias been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated
I r , , - 'initials of Seller:
111i11.31J _�l l�l:%LI.
Pate 2 of 3
utility (c) any minor easerrients for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements
for d-ainage, s'orm 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 withir the specified times referred to in paragraph 8 any valid objections 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 Seller and which Seller is unable or unwilling to remove, remedy or satisfy and which Buyer 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 Seller and his/her/their solicitor shall not be liable for any costs or damages. Save as to any valid objections so made by such
day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the property.
11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the
Property, and where the transaction will be completed by electronic registration pursuant to Part Ili of the Land Registration Reform Act, R.S.O. 1950,
Chapter L4 and the Electronic Registration Act, S.O. 191, Chapter 44, any amendments thereto, the Seller and Buyer acknowledge and agree that
the exchange of closing funds, non -registrable documents and other items (the "Requisite Deliveries") and the release thereof to the Seller and Buyer
will (a) not occur at the same time as the registration of the transferldeed (and any other documents intended to be registered in connection with the
completion of this transaction) and (o) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold
same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers. The Seller
and buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the
Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land
Titles Office or such other location agreeable to both lawyers.
12. DOCUMENTS AND DISCHARGE: Buyer 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 Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within
Sellers control to Buyer 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 Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or insurance Company and which
is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's 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 Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance
required to obtain the discharge. together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the
discharge out of the balance due on completion.
13 INSPECTION: Buyer acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon
acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the
opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provide
for in this Agreement, the Buyer will not be obtaining a property Inspection or property Inspection report regarding the property.
14 INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending
completion, Seller 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, Buyer 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 Seller is taking back a Charge/Mortgage,
or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other
mortgagee's interest on completion
15. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control
provisions of the Planning Act by completion and Seller 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 attheexpense
of Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller 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.
17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National
Revenue to satisfy Purchaser's liability In respect of tax payable by Seller under the non -residency provisions of the income Tax Act by reason of this
sale. Seller shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non-
resident of Canada
18. 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 Buyer.
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 Seller and Buyer or by their respective lawyers who may be specifically authorized
in that regard.
20. TENDER: Any tender of documents or money hereunder maybe made upon Seller or Buyer 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.
21. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O.
1990 unless Seller's spouse has executed the consent hereinafter provided.
22. UFFI: Seller represents and warrants tc Buyer that during the time Seller has owned the property, Seller has not caused any building on the property
to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever
contained insulation that contains ureaformaidehyae. 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.
23. 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.
Lam. AGREEMENT IN WRITING: If there is conflict hptwppn anv nrovicinn written nrtvnpri in this,/.mrAoment lint -is Minn an% Sr #!e 2tt8ched hem-,
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
hgreeme �., inciuding any Schedule attached 'hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation.
wavanty, collate{a1 agreement or condition, which affects this Agreement other than as expressed hVei+,,This Aqreement shall be read with all charges
i 1>>tiai� c�i ti>i�er: initials of Seller:
L
of gender or rumoer required by the context.
25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators. successors and assigns of the undersigned are bound by the terns
here n.
DATED at Tillsonburg, Ontario this day of
SIGNEL, SEALED IN THE PRESENCE OF: IN WITNESS whereof I have ho-rAiinto set my hand and
eam..seal-
...............
........................................................................ ........................ .......................... _........................ ................. I ....... •.. .......... ... ..............
(Witness) (Buyer) COUNTY OF OXFORD (Date)
(Witness) (Buyer) COUNTY OF OXFORD (Date)
DATED at Tillsonburg, Ontario this day of
SIGNED SEALED IN THE PRESENCE OF: IN WITNESS whereof I have hereunto set my hand and
........................................................................... ....... ........... ................................ ............................ 1.............................
(Witness) (Setter) TOWN OF TILLSONBURG (Date)
......................................................................................................................................................................................................................................
(Witness) (Seller) TOWN OF' TILLSONBURG (Date)
SPOUSAL CONSENT- The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions o'the
Family Law Act, R S O 1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect
to the sale evidenced herein
......................................................................................................................................................................................................................................
(Witness) (Spouse) (Date)
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of
Purchase and Sale.
(Seller) TOWN OF TILLSONBURG (Date)
(Seller) TOWN OF T'1�' LJONBURG (Date)
Address for Service
Seller's Lawver
Address
teiephone No
Fax No
I acknowledge receipt of my signeocopy of this accepted Agreement of
I Purchase and Sale.,
I
(Buyer) COUNTY OF OXFORD (Date)
(Buyer) COUNTY OF OXFORD
Address for Service:
Buyer's Lawyer:
Address: 36 Broaaway, Tillsonburg, N413 4H3
Telephone No. 842-3658
Fax No. 842-5001
1 -
i initials i Seiler;