HomeMy WebLinkAboutBy-law No. 2014-044 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2014-044
A BY-LAW TO AUTHORIZE THE SALE OF LANDS OWNED BY THE
MUNICIPALITY OF BAYHAM
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that 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 Section 268(1) of the said Municipal Act provides in part that every
municipality with authority to sell land shall pass a by-law establishing procedures governing the
sale of land.
AND WHEREAS the Municipality of Bayham passed By-law No. 2002-059 to establish a
procedure governing the sale of municipal owned land.
AND WHEREAS the Council of the Municipality of Bayham is desirous of selling property
owned by the Municipality, and has completed procedures pursuant to By-law No. 2002-059 for the
sale of the subject lands.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to
execute such documents as may be necessary to provide for the sale of real property
described as Plan 12 Part Market Square, identified as #24 Pitt Street, former Village of
Port Burwell, Municipality of Bayham, County of EIgin, and assigned roll number 34-01-
002-001-29900-000 and Plan 12, East Part Lot 14, vacant land parcel having frontage on
Erieus Street, former Village of Port Burwell, Municipality of Bayham, County of Elgin,
and assigned roll number 34-01-002-001-18500-0000 to Vladimir Nikolic for consideration
of$75,000.
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1ST DAY
OF MAY 2014.
MAYOR CLERK
Da-Ai-11;W, Agreennen i of Purchase and Sale Form 500
Commercial !or use'n ilia Province of Ontario
This Agreement of Purchase and Sale dated this 10th day of.. April 20 14
BUYER, VLADIMIR NJKOI.JC
, agrees to purchase from
iFull legal names of all Buyers[
SELLER"_ MUNICIPALITY OF BAYHAM , the following
(rule legal names of all ieH'ersJ
REAL PROPERTY;
Address. 24 Pitt St., Port Burwell, ON fronting on South side of Pitt St, &vacant land at rear
Fronting on the side of
in the VILLAGE OF PORT BURWELL, municipality of Bayham
and having a frontage of B8` more or fess by a depth of 66'for 24 Pitt 3t more or less
Pi.f.ciarket Sq.(Plan 12)Previous[ used as a fire half accordingto
and legal{ described as y Property Roil#
34-01 2-001-29900,and vacant land parcel having frontage of 66'on Erieus Street more or less by a
depth o 45,more Or fess according to roil#34-01-002-001-13500 (the " ro "
(Legal description of rand Including easements nm describedelsewhere) p l� J
PURCHASEPRICE: Dollars (CDN$J 75,000.00
SEVENTY-FIVE THOUSAND.,.••»,-•.---.--.......--„_.,, ------ Dollars
DEPOSIT: Buyer submits UP°n acceptance •
(1-tarewilh/Upan Acceptance/as otherwise described in this Agreement)
ONE THOUSAND---- ------ —------------------ - --�---- Dollars (CDN$J.1,000,00
byotiable cheque payable to Seller "Deposit Holder"
io bein trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion.
For the purposes of this Agreement, "Upon Acceptance" shall mean that the Buyer is required to deliver the deposit to the
Deposit Holder within 24 hours of the acceptance of this Agreement The parties to this Agreement hereby acknowledge that,
unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Holder's
non-interest bearing Real Estate Trust Account and no Interest shall be earned, received or paid on the deposit.
Buyer agrees to pay the balance as more particularly set out in Schedule A attached.
SCHEDULE(5)A. attached hereto form(s) part of this Agreement.
1. IRREVOCABILITY: This offer shall be irrevocable by Buyer until ... 5:00 cams./p.m. on
( eilarI$uyrerr
Apri
the 22nd day of 20 14 , after which time, if not accepted, this
offer shall be null and void and the deposit shall be returned to ehe Buyer in full without interest.
2. COMPLETION DATE:This Agreement shall be completed by no later than 6:00 p.m, on the ` - 11-9441 day
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This Ions Is Ileeneed for use by JOHN WAYNE HOAXER only.
3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent far the Seller for the purpose of giving and
receiving notices pursuant to this Agreement. Where a Brokerage (Buyer's Brokerage) has entered into a representation
agreement with the Buyer, the Buyer hereby appoints the Buyer's Brokerage as agent for the purpose of giving and
receiving notices pursuant to this Agreement. Where a Brokerage represents both the Seller and the Buyer
(multiple representation), the Brokerage shall not be appointed or authorized to be agent for either
the Buyer or the Seller for the purpose of giving and receiving notices.Any notice relating hereto or provided
for herein shall be in writing. In adclition to any provision contained herein and in any Schedule hereto, this offer, any
counter-offer, notice of acceptance thereof or any notice to be given or received pursuant to this Agreement or any
Schedule hereto (any of them, "Documents shall be deemed given and received when deliveredlly or hand delivered b the
Address kir Service provided in the Admowledgement below,or where a facsimile number or email is provided herein,when
transmitted elec ronicay to that facsimi a number or email address,respectively,in which case,the signatures}of the party(parties)shall
be deemed to be original.
FAX No • 1-519.886-3884 FAX No "5'5254127
(For delivery of Documents to Seger) (For delivery of Documents b Buyer)
Email Address: Email Address: wandh9bellnekca
(For delivery of Documents to Sella} (For delivery of Documents to Buyer)
4.. CHATTELS INCLUDED. NIL
Unless otherwise stated in this Agreement or any Schedule hereto, Seller agrees to convey all fixtures and chattels
included in the Purchase Price free from all liens, encumbrances or claims affecting the said fixtures and chattels.
5. FIXTURES EXCLUDED: NIL
6. RENTAL ITEMS (Including Lease, Lease to Own): The following equipment is rented and not included in
the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable:
NIL
The Buyer agrees to co-operate and execute such documentation as may be required to Facilitate such assumption.
7 HST: If the sale of the property (Real Properly as described above) Is subject to Harmonized Sales Tax
(HST), then such tax shall be in addition to the Purchase Price. The Seller will not collect HST if the Buyer
provides to the Seller a warranty that the Buyer is registered under the Excise Tax ActTETA° , together with a copy of
the Buyer's ETA registration,a warranty that the Buyer shall self-assess and remit the HST payable and File the prescribed
form and shall indemnify the Seller in respect of any HST payable. The foregoing warranties shall not merge but shall
survive the completion of the transaction. if the sale of the property is not subrlrect to HST, Seller agrees to certify on or
before dosing,that the transaction is not subject to HST My HST on chattels,If applicable, is not included in the Purchase Price.
8. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m.on the 30th day of.. May , 20 14 ,
(Requisition Date) to examine the title to the property at his own expense and until the earlier of: } thiry days From the
afar of the Requisition Date or the date on which fire conditions in this Agreement are Fulfilled �r otherwise waived or; 11"
(ii) five days prior to completion, to satisfy himself that there are no outstanding work orders ,:_•eficiency notices
affecting the property, that its present use ( Institu>tional-Can be changed to = -.. , .ease
may be lawfully continued and that the principal building may be insured against ri o re. er hereby consents to the
municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices
affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may
reasonably require.
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9. FUTURE USE: Seller 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 as may be specifically provided for in this Agreement,
10. 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; (IA 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 theo
pr pert' 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 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 Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance
save and except against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (with all related costs at
the expense of the Seller, 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, Listing Brokerage and Cooperating Brokerage 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, Buyer shall be
conclusively deemed to have accepted Seller's title to the property.
I I 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 iii of the Land Registration Reform Act, R.S.O. 1990, Chapter 14 and the Electronic Registration Act, S.O. 1991,
Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of dosis
funds, non-registrable documents and other items (the "Requisite Deliveries" and the release thereof to the Seller and will (a) not occur at the same time as the registration of the transfer/deed land any other documents intended to
be registered in connection with the completion of this transaction) and(b) 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 Seller's 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 Trust And 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 Sellers lawyers personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to
register same, or cause same to be registered, 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, and, where a real-time electronic cleared funds transfer system is not being
used, 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 properly and understands that upon
acceptance of this offer there shall be a binding agreement of purchase and sale between Buyer and Seller.
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.
INITIALS OF BUYER(S): C.j3k. INITIALS OF SELLER(S):
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This Own is&rasedlbr wit by JOHN WAYNEHOMER ery.
16. DOCUMENT PREPARATION: The Transfer/Deed shall, save For the Land Transfer Tax Affidavit, be prepared in
registrable form at the expense 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(22J of the Planning Act, R.S.0.1990.
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 Buyer's liability in respect of tax payable by Seller under the non-residency
provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion
the prescribed certificate or a statutory declaration that Seiler 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: lime 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. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented
current value assessment and properties may be reassessed on an annual basis, The Buyer and Seiler agree that no
claim will be made against the Buyer or Seller, or any Brokerage, Broker or Salesperson, far any changes in property
tax as a result of a re-assessment at the property, save and except any property taxes that accrued prior to the completion
of this transaction.
21. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers
on the day set for completion. Money shall be tendered with funds drawn on a lawyer's trust account in the form of a
bank draft, certified cheque or wire transfer using the Large Value Transfer System.
22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the
Family Law Act, R.S.0.1990 unless Sellers spouse has executed the consent hereinafter provided.
23. UFFI: Seller represents and warrants to 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 ureaformaldehyde. 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.
24. LEGAL,ACCOUNTING AND ENVIRONMENTAL ADVICE:The parties acknowledge that any information provided
by the brokerage is not legal, tax or environmental advice, and that it has been recommended that the parties obtain
independent professional advice prior to signing this document.
25.CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and/or
personal information may be referred to in connection with this transaction.
26.AGREEMENT iN WRIT/NG: 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 Buyer and Seller. There is no representation,
warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the
purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all
changes of gender or number required by the context.
27 TIME AND DATE:Any reference to a time and date in this Agreement shall mean the time and date where the property
is located.
INITIALS'OF BUYER(S): INITIALS OF SELLER(S): .
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28.SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are
bound by the terms herein.
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
.------ _
etr DATE April 10th,2014
(Witness) ' -"w-- iii— iiiihiguraini;iiiftiticer) PAO
Vladimir Nikolic
. DATE
(Witness) (Buyer)AAarized Signing°diced (Sean 14
I, the Undersigned Seller, agree to the above offer.-1-her,-. - •- - -- •- - - . • • - -, ,- ' - tly.to-the-laroker.:- - •
Sales Ice(fand-eny-ether-texeres-may-hereafter-be epplieele, . =-= - - -- • prior-te-flAy-Pflyinerit#04he a
by the brokerogrefsHeiny-lawyer.
SIGNED,SEALED SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
..., .0,,,,, in: Munic ality of Bayham
.4,041,,, _All'fr. • 0 DATEOlvm.441. I?,. 1+0 I‘I
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S' *USAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to
the provisions of the Family Law Act, R.5.0.1990, 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.
fg} DATE
(Wilms) (Spouse) (Snail
CONFIRMATION OF ACCEPTANCE:Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all
changes both typed and written was finally accepted by alt parties at a.m./p.m.this day
of April ,20 14
(Signature a)Soler or Buyer)
INFORINATION ON BROICERAGE(5)
Listing Brokerage............. TeLNo... _______
. .
— • '
Ccrop/Buyar Brokerage
No.( /
•
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agroement at Name i acknowledge receipt*,my sined copy of this=aped Agreement of Purchase
and Sole and I authorize the Brokerage to forward a copy to my lawyer, and Sale and I authorize the brojieroge to forward a copy to my lawyer.
P
DATE Deri /Burr/ ATE
i
DATE DATE lellerf biumi
Address for Service Address for Service
Tel.No.( I Tel.No 1.
Seller's Lawyer Buyer's1Walter a Homer(J.Wayne Homed
Address
Address 412v1rklag Street West,Hamilton,ON LSP 1A9
Email Email wendb@bganaca
1 1 FAX No. ( 905 1 5254120
' %Mo. ( 205 i 5254127
I Teta,.
FAX No.
FOR • - • LY _
comiersstors TRUST ALOMPAINT
To:Caoperosing Brokerage shown on • ••, .Agreement of Purchase and.Sok
In comiderotion for the Cloperating Brolmve• • , • . •,L,•ing Agreement of Radios!and Sole.I hem• dello ••-_,• •neys:maimd or receivable by!ins in connection with
the Transaction as contemplated In the humbles and Itsesiesens• - I shall be receive•, •. - • ,, This agreement sholl songs"a Commission Trug Agri/mini
as defined In the PALSitt rules and shall be subject to and gemmed by the L''' 1'- '' '...... - .., mission Trust.
DATED as of the dais and Nino of the acceptance of the • ••I,• , ''-r . Purchase and Sala.
(Author!•. • ' • e 'sling Brokerage) (Authorized to bind the Cnoperating Brokerage)
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This ham is basssoci for ass by JOHN WAYNE HOMER hi*.
onA Schedule A Form 500
Agreement of Purchase and Sale --Commercial in ae Province of a,'°^°
This Schedule is attached to and Forms part of the Agreement of Purchase and Sale between:
BUYER, VLADIMIRNI€COLIC and
SELLER,
MUNICIPALITY OF RAYHAN, ,
For the purchase and sale of 24 Pitt St., Port Burwell,ON fronting on South side of Pitt St.,&vacant land at rear
fronting on Erieus St. dated the 10th day of April , 20 14
Buyer agrees to pay the balance as Fallows:
Buyer agrees to pay the balance as follows:
The Buyer agrees to pay the balance of the purchase price,subject to adjustments,by bank draft or certified
cheque,to the Seller on completion of this transaction.
This Offer is conditional upon the Buyer being able to have obtain an amendment to the existing Official Plan to
change the Zoning for 24 Pitt to"Residentialw together with any required zoning change by-Law at his own
expense and being able to obtain fire and liability insurance In connection with the building located on the
property.
The completion date to be extended until 10 days after any appeal period of zoning change obtained by the
Buyer.
The Buyer agrees to allow the Seller to maintain the storm sewer now located on the vacant land parcel,and to
provide the Seller with a maintenance easement over said parcel for that purpose.
The Seller agrees to supply to the Buyer any available Survey now in their possession.
The Buyer shall have the right to view the property two(2)further times prior to completion. The showings to
be at mutually agreed upon times.
Vie+
A
/The Buyer acknowledges that the building is in an unsafe condition and the purchase of same in an "as is"
I condition.
The Seller shall retain a storm sewer easement which should be 20 feet in width and measured equally from the
centre of the sewer. The Purchaser agrees to pay all costs associated with the reservation of the said storm sewer
easement including costs of the necessary Reference Plan.
The offer is conditional upon the purchaser being able to obtain an Amendment to the Official Plan and to change
zoning for 24 Pitt Street to residential at his own expense by no later than July 30,2014,failing which this offer
shall become null and void.
The offer is further conditional until May 30th,2014,on the purchaser being able to obtain fire and liability
insurance in connection with the building located on the property,failing which this offer shall become null and
void.
This form must be initialed by all parties to the Agreement of Purch se and Sale.
ITIA,LS OF 134f ill(S); INITIALS OF SELLER(S):
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