HomeMy WebLinkAboutBy-law No. 2014-066 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2014-066
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 ,1
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 Bayharn 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 East Part of Lot 21, Plan 12 North of Wellington Street, identified as #29
Wellington Street, former Village of Port Burwell, Municipality of Bayham, County of
Elgin, and assigned roll number 34-01-002-001-34600 to R. Scott Peloquin and Josephine
Peloquin for consideration of$60,000.
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5TH DAY
OF JUNE 2014.
"0",,
MAY rR CLERK
' Ago- ctmime Agreement of Purchase and Sale for weFerns 500
in the Province of OnSorio
This Agreement of Purchase and Sale dated this 4 day of June 2014
BUYER, R.SCOTT PELOQUIN AND JOSEPHINE PELOQUIN , agrees to purchase From
'Ful legal names of alf tuyersl
SELLER,MUNICIPALITY OF BAYHAM , the following
Wiwi names of ar Wen)
REAL PROPERTY:
Address 29 WELLINGTON ST
fronting on the NORTH side of WELLINGTON STREET
in the VILLAGE OF PT BURWELL
and having a frontage of 62 feet more or less by a depth of 66 feet more or less
and legally described as PLAN 12 E PART LOT 21
'Legal description of land Incdurling easements not described efsewfusrel }the "property*}.
PURCHASE PRICE: Dollars (CDN$}. %x•00
Sixty Thousand Dollars
DEPOSIT: Buyer submits Upon acceptance
IHemeith/Upon Aocepio re/as otherwise described in this Agnomen!!
One Thousand Dollars (CDN$}.k'°°°•°°
by negotiable cheque payable to CENTURY 21 HERITAGE HOUSE REALTY LTD. "Deposit Holder"
to be held in trust pending completion or other termination of this Agreement and to be credited'award 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 herebyedge that,
unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit in trust in the acknowledgeDeposit
Holder's
noninterest 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(S)A attached hereto form(s) part of this Agreement.
1. IRREVOCABILITY:This offer shall be irrevocable by Buyer
( �h until 9:00 p.m. on
the 13 day of June 2014 , after which time, if not accepted, this
offer shall be null and void and the deposit shall be returned to the Buyer in full without interest.
2. COMPLETION DATE:This Agreement shall be completed by no later than 6:00 p.m. on the 30 day
of June , 20 14 Upon completion,vacant possession of the property shall be given to the
Buyer unless otherwise provided for in this Agreement.
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3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for 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 addition 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,"Document')shall be deemed given and received when delivered personally or hand delivered to the
Address For Service provided in the Aduxowledgement bekrw,or where a facsimile number or email address is provided herein,when
i<onsmitled electronically to that k csirnle number or email address,respedi ehr,in whit~wee,the signature(s)of the party(parties)shad
be deemed b be original.
FAX No- FAX No- 5194654989
(For delivery of Documents to Seller) (For delivery of Documents to Buyer)
Email Address: Email Address: tim-wakely@coldwellbanker.ca
(For delivery of Documents to Seller) (For delivery of Documents to Buyer)
4, CHATTELS INCLUDED:
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:
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:
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 Property as described above) is subject to Harmonized Sales Tax
(HST), then such tax shall be in addition to the Purchase Price. Te Seller will not collect HST if the Buyer
provides to the Seller a warranty that the Buyer is registered under the Excise Tax Act("ETA"), together with a copyof
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 subject to HST, Seller agrees to certify on or
before closing,that the transaction is not subject to HST. Any HST on chattels,If applicable,is not included in the Purchase Price.
B. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m.on the 20 day of June , 2014..,
(Requisition Date) to examine the title to the property at his own expense and until the earlier of: (i) 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 theroperly, that its present use (commercial
may be lawfully continued and that the principal building may be insured against risk of fire. Seller 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; (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) an 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 r 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 Co-operating 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.
1 1.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, 5.0. 1991,
Chapter 44, and 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 transfer/ (and any other documents intended to
be registerein 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 Seller's lawyer's 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 reaWime 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 property 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 fake 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. i
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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 iven 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 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 daim 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, really 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. 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 Seller agree that no
claim will be made against the kryer or Seller, or any Brokerage, Broker or Salesperson, for any changes in property
tax as a result of a re-assessment of 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 ureaformoldehyde. 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 WRITING: 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 properly
is located.
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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 i • -sence of: IN WITNESS whereof I have hereunto set my hand and seal:
!> DATES,, `!..L f T
*mew .....-1 • Allir ;Buyer/ o Signing (
• DATE."s4.`•••--t-‘4/14.
fWitaeesl (Buyer AutC. Signin PO
I,the Undersigned Seller, agree to the above offer. I hereby irrevocably instruct my lawyer to pay directly to the brokera9e(s]
with whom I have agreed to pay commission the unpaid balance of the commissionether with applicable Harmonizeedd
Sales 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 brokerage(s) to my lawyer.
SIGNED,SEALED AND DELIVERED in the ,, _:,-•ce of: IN WITNESS • I have hereunto set my hand and teat:
r
• DATE.. /r'e J .4
. i � i •. Siigning Of icer) Ispll
I... .. �.. .. DATE. ^ y.a ,�.�
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r 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.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). fusel l DATE
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 al parties at g: . � this ��
5 u day
9,,,..., ``ll n ,
of... ,20./.7..... . G�$r.. ire,. .IYese 'oR euy.rl INFORMATION ON BROKERAGE(S)
Listing Brokerage Tel.No.
Coop/gayer.Brokerage COLDWELL BANKER AT SUCCESS REALTY Tel.No. 519-7654993
52 TALBOT ST E. AYLMER N5H 1H4
ACKNOWLEDGEMENT
I acknowledge receipt of Zerii4sapy of this acaepbd Agreemarit of Purchase I a rvIde edge receipt of copy of this accepted Agreement of Purchaseand Sale anti I damto forward a copy b my lawyer and Sols a I aull+onae N+e�erage to forward a appy to tewyer. `�
DATE 5, y raj,- DATE 't_� If T
\/� DATE..n... S' 1„ 1 DATI'V ••e'4IIISI V
Addras for Service 6)T /b0 4 3 le y p/cknk R d Address for Service
6 Y:gFg 611/i 11..11. ...Tel.Nos i9-S4�z-.A-5a / .Tel.No.
Seller's La+vyer. ia.t,� Buyer's Lawyer
Address 56 .Lt... Address
Email..T\s z 217.-g nm bt .4"C`. - Email
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FOR OFFICE USE ONLY OOMIUSSION UWLt worismRter
ib; .rig B shown on the Foregoing Arnow of Pmehwe and sale: COLDWELL BANKER at SUCCESS REALTY
M*Nisi snow For the Caoperalino trolierage procunng the foregoing Agreement of Purchase and Sale,I hereby declare that dl moneys received or receivable by me in comedian with
the Transaction as contemplated in rM MOS!Rubes and Regulations of my Real Estate Board shall be receivable and held in host.This agreement shall a Commission Trust Agreement
as defined in the MLSQD Rules and shah be subject to and-governed by the MISS Rules purloining to Commission Trust.
DATED as at the dale and time at the acceptance of the foregoing Agreement of Purchase and Sale.
Acluipwlsdlin.13
(Authorized to bind the Listing Brokerage) (Authorized to bind Ike C ng Brokerage}
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Schedule A Fang SOo
Agreement of Purchaseand .ale-Commercial For vee in the Proviree of Onksio
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BoR, R.SCOTT PELOQUIN AND JOSEPHINE PELOQUIN , and
SELLER,MUNICIPALITY OF BAYHAM
for the purchase and sale of 29 WELLINGTON ST PT BURWELL
dated the .4 day of June , 20 14
Buyer agrees to pay the balance as follows:
The Buyer agrees to pay the balance of the purchase price,subject to adjustments,to the Seller on completion of this
transaction,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.
This Offer is conditional upon the inspection of the subject property by a home inspector at the Buyer's own expense,
and the obtaining of a report satisfactory to the Buyer in the Buyer's sole and absolute discretion.Unless the Buyer gives
notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice
in the Agreement of Purchase and Sale or any schedule thereto within 5 days of acceptance of this offer that this
condition is fulfilled,this Offer shall be null and void and the deposit shall be returned to the Buyer in full without
deduction.This condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice
in writing to the Seller as aforesaid within the time period stated herein.
This form must be initialed by all parties to the Agreement of Purchase and Sale.
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