1998-030 To Accept a transfer from Canadian National Railway company to The Corporation of theTownship of Oro-Medonte (for Part of West 1/2 of Lot 1, Concession 1, East of Penetanguishene Road (geographic Town
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THE CORPORATION OF THE TOWNSHIP OR ORO-MEDONTE
BY-LAW NO. 98-30
Being a By-law to accept a transfer from Canadian National Railway company to The
Corporation of the Township ofOro-Medonte (for Part of West Y, of Lot 1, Concession 1,
East ofPenetanguishene Road (geographic Township ofOro) now Township ofOro-
Medonte, Connty of Simcoe, designated as Part Ion Reference Plan 51R-26885)
WHEREAS it is deemed expedient to accept a Transfer of Land from the Canadian National
Railway Company for municipal purposes for part of the West half of Lot 1, Concession 1, east
ofPenetanguishene Road (Geographic Township ofOro), designated as Part 1, Plan SIR-2688S;
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
1. The Municipality hereby accepts the Transfer of Land from the Canadian National Railway
Company for the lands described in Schedule "A" attached hereto, by a deed registered on
the ISth day of December, 1997 as Instrument No. 01367178.
2. The actions of the Mayor and the Clerk are hereby confirmed and ratified in respect of the
execution of the Agreement of Purchase and Sale attached hereto as Schedule "B", together
with all documentation required to give effect to the conveyance of the lands described in
Paragraph 1 of this By-law.
By-law read a first and second time this 18th day of March, 1998.
By-law read a third time and finally passed this 18th day of March, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
/ /1 L
2,~~~/c::._ ;;1~/i.,~.
Clerk, Lynda Aiken
SCHEDULE "A"
Part of the West half of Lot 1, Concession 1, East ofPenetanguishene Road (geographic
Township ofOro) now Township ofOro-Medonte, County of Simcoe, designated as Part 1 on
Reference Plan SIR-2688S.
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Schedule "3"
LOCATION: Township of Oro-Medonte
SEVERANCE NOT REQUIRED
P.I.N.40879G
AGREEMENT OF PURCHASE AND SALE
PURCHASER: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE offers to buy from
VENDOR: CANADIAN NATIONAL RAILWAY COMPANY
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PROPERTY: in the Township of Oro-Medonte, in the County of Simcoe, in the Province of Ontario and described in
Schedule "A" annexed hereto. at the
PURCHASE PRICE OF: FORTY THOUSAND DOLLARS ($Can.40,OOO.OO) plus G.S.T. on the fOllow:.tel~ .fr
1. The Purchaser submits with this offer FOUR THOUSAND DOLLARS ($4,000.00) by cheque
payable to the Vendor as a deposit to be held by it in trust pending completion or other termination of this Agreement
and to be credited towards the Purchase Price on completion.
2. The Purchaser agrees to pay the balance of the Purchase Price on closing to the Vendor by certified cheque,
subject to those adjustments set out in Paragraph 16 below.
3. The Vendor hereby consents to the Municipality releasing to the Purchaser details of all outstanding work
orders or deficiency notices affecting the property.
4. Notwithstanding the provisions of Paragraph 10, the Purchaser agrees to accept title subject to (i) all
registered or unregistered agreements with municipalities and publicly or privately regulated utilities; (ii) all
registered or unregistered easements. rights, covenants and/ or restrictions in favour of municipalities, publicly or
privately regulated utilities or adjoining owners, or that otherwise run with the land. In the event that the subject
property comprises former corridor lands for the movement of trains, the Purchaser agrees, after closing, to grant a
registered easement to any utility, if requested by such utility, to give effect to any unregistered rights already
enjoyed by such utility, if applicable, on terms to be arranged between the Purchaser and the utility; (ill) any
encroachments as may be revealed by Schedule "A-2" or by an up-to-date survey; and (iv) the Permitted
Encumbrances set out in Schedule "C", The Purchaser agrees to satisfy itself with respect to compliance with all such
agreements. restrictions or covenants referred to herein or in Paragraph 10 and agrees that the Vendor shall not be
required to provide any evidence of compliance with same,
5. The provisions of the attached Schedules "A", "B" and "C" shall form part of this Agreement as if set out
herein.
6.
The Purchaser and Vendor agree that no fixtures, building or chattels are included in the :urchase Pri~e. :(
.~~. .
7. The Purchaser agrees that this Offer shali be irrevocable by him until 11:59 p.m. on the sDlaetft day aft .
its date of execution by the Purchaser, after which time, if not accepted, this Offer shall be null and void and the
deposit shall be returned to the Purchaser without interest or deduction.
8. Upon completion, vacant possession of the property shall be given to the?u
l.H'\HI cJDSt
9. The Purchaser shall be allowed . .
title to the property, at his own expense.
to examine the
10. Provided that the title to the property is good and free from all encumbrances except as aforesaid. If within
the time allowed for examining the title any valid objection to title is made in writing to the Vendor and which the
Vendor is unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this Agreement,
notwithstanding any intennediate acts or negotiations in respect of such objections, shall be at an end and all monies
theretofore paid shall be returned without interest or deduction and the Vendor 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,
the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the property.
11. The Purchaser acknowledges having inspected the property prior to submitting this Offer and understands
that upon the Vendor accepting this Offer there shall be a binding agreement of purchase and sale between the
Purchaser and Vendor.
e 12. The 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 the Purchaser is or will be lawful except as may be
specifically stipulated elsewhere in this Agreement.
13. The Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of title
to the property except such as are in the possession or control of the Vendor. The Vendor agrees that, if requested by
the Purchaser, it will deliver any sketch or survey of the property in its possession or within its control to the
Purchaser as soon as possible and prior to the last day allowed for examining title.
14. Provided that this Agreement shall be effective to create an interest in the property only if the subdivision
control provisions of the Planning Act are complied with on or before completion.
Page 2
15. The Purchaser shall be credited towards the Purchase Price with the amount, if any which it shall be
necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the Purchaser's liability in
respect of tax payable by the Vendor under the non-residency provisions of the Income Tax Act by reason of this sale.
The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or a
statutory declaration of an officer of the Vendor that it is not then a non-resident of Canada.
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16. Rents, taxes, local improvements, water and assessment rates and the cost of fuel shall be apportioned and
allowed to the date of completion (the day itself to be apportioned to the Purchaser). Provided, however, there
shall be no adjustment for any lease, licence or agreement for which the annual rent does not exceed $1,000.00. With
respect to all leases, licences and agreements, the parties shall execute an Assignment, Assumption and
Indemnification Agreement in the Vendor's standard form.
17. 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 the Vendor and
Purchaser or by their respective solicitors who are specifically authorized in that regard.
18. Any tender of documents or money hereunder may be made upon the 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 Populalre.
19. For the purpose of this Agreement, the term "'date of acceptance"' shall be deemed to mean the date of
acceptance by the Vendor or, in the alternative, if this Agreement is subject to offers and counter-offers, then that
date upon which the final acceptance of any counter-offer is indicated by ultimate acceptance by the counter-offeree.
20. Notwithstanding any terms or conditions outlined in the printed portion herein, any provisions written or
typed into this Offer shall be the true terms and shall supersede the printed portion in respect to the parts affected
thereby. This Agreement shall constitute the entire agreement between the Purchaser and Vendor and there is no
representation. warranty, collateral agreement or condition affecting this Agreement or the property or supported
hereby other than as expressed herein in writing. This Agreement shall be read with ~ll changes of gender or number
required by the context.
21. THE PURCHASER ACKNOWLEDGES THAT A CONSUMER REPORT CONTAINING CREDIT AND/OR
PERSONAL INFORMATION MAY BE EITHER REFERRED TO OR PREPARED IN CONNECTION WTIH THIS
TRANSACTION.
DATED this
d.-!
day of MnA...{/,..".JJ e/
,1997.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
PURCHASER. ' / 17
Per. ,.f., - ~
Name: Ian Beard
Title:
Name:
Title:
fer Zieleniewski
Administrative Officer/Treasurer
Per:
I/we have authority to bind the corporation.
The undersigned accepts the above Offer.
DATED this
day of
,1997.
CANADIAN NATIONAL RAILWAY COMPANY
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VENDOR
Per.
Gary Waddington
Regional Manager - Land Sales Ontario
I have authority to bind the corporation.
ACKNOWLEDGEMENT
We acknowledge receipt of a signed copy of this accepted Agreement of Purchase and Sale.
DATED this
day of
,1997.
CANADIAN NATIONAL RAILWAY COMPANY
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VENDOR
Per.
Gary Waddington
Regional Manager - Land Sales Ontario
I have authority to bind the corporation.
Address:
277 Front Street West, Suite 930, Toronto, Ontario, M5V 2X7
Telephone No. (416) 340-6800
Telecopier No. (416) 340-6774
Name and Address of Vendor's solicitors:
Fraser & Beatty (Roger J. Pead), P,O. Box 100, 1 First Canadian Place,
Toronto, Ontario. M5X IB2
Telephone No. (416) 863-4578
Telecopier No. (416) 863-4592
I acknowledge receipt of a signed copy of this accepted Agreement of Purchase and Sale.
DATED this
day of
.1997.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per.
Name:
Title:
Ian Beard
Mayor
Per.
Name: Jennifer Zieleniewski
Title: Chief Administra ti ve Officer/Treasurer
I/we have authority to bind the corporation.
PURCHASER
Address:
Box 100
Om. On1ario
WI. 2XO
Telephone No. 705-487-2171
Telecopier No. 705-487-0133
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Name and Address for Purchaser's Solicitors:
Mr. Bill Koughan
Russell, Christie, Miller, Koughan
76 Coldwater Street East
Box 158
Orillia. Ontario L3V 6J3
TeJepIaENo.
Telec:DpENo.
(705) 325-1326
(705) 327-1811
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SCHEDULE "A"
In the Township of Oro-Medonte, in the County of Simcoe. in the Province of Ontario being part of Lot 1, Concession 1,
East of Penetanguishene Road. designated as Part 1 on Reference Plan 51R-26885, as shown outlined in red on Schedule
"A-2" attached hereto.
--- ---.-._--- ..-----
CN P .LN. 40879-(
PLAN 51 R - 2~ee5
SCHEDULE "A-2"
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I I REOUIREAHIS PLAN TO BE
'I' DEPOSITE~NDER THE
,REGISTRY AC"T
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I DATE: JUNE..v. 1997. _.
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I J. Do ANNABLE
! ONTARIO LAND SURVEYOR
,
'PART:
PART
DESCRIPTION
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PAR7 0; ...JT :,
CONCESSION I. EAST or
PEN: T ANGUISHENE ROAD
:GEOGRAPHIC 'WP or OROI
"
.
RECEIVED AND DEPOSITED
DA TE:~~.Ji,.l21L-
_~.A80Ll~_
7f.D. LAND REGISTRAR FOR THE
REGISTRY DIVISION OF
SIMCOE. (No 511
SCHEDULE
INST. NO. HECTARES
0.2616 ~
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SCHEDULE "B"
1.
The Vendor makes no representations or warranties of any kind. either expressed or implied, as to the
condition of iroperty. the~Ub il, environmental matters, condition of any structures, if any. or any
other matters s ting the s' soever, including the use to which it may be put and its zoning. The
Purchaser sh ~e~ro and any improvements thereon in an "as is" condition. The Purchaser
shall be allow .' ~ Clays from the date of acceptance (the "Conditional Period") to satisfy himself
with respect to all matters respecting the property including the present state of the property and any
structures thereon, all encumbrances and all regulations and by-laws governing the property and the Vendor
grants to the Purchaser the right to enter upon the property and to conduct such inspections, surveys and
tests as the Purchaser deems necessary in this regard. provided the Purchaser takes all reasonable care in
the conduct of such inspections, surveys and tests. The Vendor assumes no responsibility for and the
Purchaser shall indemnify and save harmless the Vendor from and against all claims. demands, costs,
damages, expenses and liabilities whatsoever arising out of its presence on the property or of its activities
on or in connection with the property. If for any reason the Purchaser is not satisfied with respect to such
matters within the Conditional Period, he may deliver a notice ("Notice of Termination") to the Vendor
indicating that he is not satisfied with respect to such matters and desires to terminate this Agreement and
release the Vendor from any further obligations. Upon delivery by the Purchaser of a Notice of Termination
to the Vendor, this Agreement shall be at an end and the Vendor shall return the deposit to the Purchaser
without interest or deduction and neither party shall have any further obligation to the other respecting
the Agreement. The Purchaser covenants and agrees that any environmental reports and the information
contained therein is strictly confidential and the Purchaser represents and warrants that neither the
Purchaser nor its employees, or agents will release the reports or any of the information contained therein
to any other individual. or corporation or to any federal, provincial, or municipal agency or institution or to
any other government body, domestic or foreign, without the express written consent of the Vendor, and the
Purchaser shall refuse all requests for such reports or information in the absence of the Vendor's express
written consent, uniess compelled to do so by competent judicial or administrative authority. In absence of
delivering a Notice of Termination within the Conditional Period, the Purchaser shall be conclusively
deemed to have walved all requisitions concerning any matters relating to the property save for matters
going to title and the Purchaser accepts full responsibility for all conditions related to the property, and
the Purchaser shall comply with all orders relating to the condition of the property issued by any
competent government authority, court or administrative tribunal, including any order issued against the
Vendor. The Purchaser shall be responsible for and hereby indemnifies and saves harmless the Vendor from
any costs, including legal and witness costs, claims, demands, civil actions, prosecutions, or administrative
hearings, fines, judgments, awards, including awards of costs, that may arise as a result of the condition of
the property, any order issued in connection with the condition of the property, or any loss, damage, or
injury caused either directly or indirectly as a result of the condition of the property. This paragraph shall
not merge but shall survive the closing of this transaction and shall be a continuing obligation of the
Purchaser.
2. The information comprising the information package provided by the Vendor. if any. any comments made
by the Vendor's staff and any plans or drawings that may have been provided by the Vendor, are for the
assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations or
warranties about and takes no responsibility for the accuracy or completeness of information it has
provided.
3. The parties agree that in this Agreement a period of days shall be deemed to commence the day following
the event that began the period and shaH be deemed to terminate at 5:00 p.m. local time of the last day of
the period except that if the last day of the period falls on a Sunday or holiday, the period shall
terminate at 5:00 p.m. local time of the next day following that is not a Sunday or holiday.
4. The Purchaser warrants to the Vendor that no one is entitled to any fee or commission payable by the
Vendor in respect of this transaction by reason of having introduced the property to the Purchaser or
otherwise acted as a broker, agent or salesman in connection with this transaction and the Purchaser hereby
indemnifies and saves harmless the Vendor in respect of any claim by such a person for any fee, commission
or reimbursement based upon such person acting for or as agent of or advising the Purchaser in connection
with this transaction or claiming to have done so.
5.
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6.
7.
The Purchaser shall not assign this Agreement without the consent of the Vendor, which consent may be
arbitrarily withheld. If the Vendor consents to an assignment. the Purchaser shall cause the Assignee and
the Purchaser, to covenant in writing in favour of the Vendor to be jointly and severally bound by and to
jointly and severally perform their respective obligations of this Agreement. The Purchaser shall not be
released from his liabilities and obligations hereunder in ti'je event of an assjg!)ment,.;.
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This Agreement shall be completed on AWglllit 1~, 11'117 0 L/ 0\9.:.>\' ) \ i\. d
Where this Agreement requires notice to be delivered by one party to the other, such no ce shall be given in
writing and delivered either personally or by pre-paid registered post or by telecopier, by the paUty
wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor
acting for the other party at the addresses noted herein. Such notice shall be deemed to have been given, in
the case of personal delivery, on the date of delivery, and where given by post, on the third business day
following the posting thereof, and if sent by telecopier, the date of delivery shall be deemed to be the date
8.
9.
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Page 2
of transmission if transmission occurs prior to 4:00 p.m. (Toronto time) on a business day and on the business
day next following the date of transmission in any other case, It is understood that in the event of a
threatened or actual postal disruption in the postal service in the postal area through which such notice
must be sent, notice must be given personally as aforesaid or by telecopier, in which case notice shall be
deemed to have been given as set out above. /
Th~ P'lr"hoco. oS"'ooc tn po)' nn "'ndng tho "net nf on)' Rofo.on"o Pion / cn~'o~' nr legal d~s-..il'lieft. ~ J
This Agreement is conditional until closing on approval by the management of the Vendor. If this condition
is not satisfied or waived by closing, this Agreement shall be at an end and the Vendor shall return the
deposit to the Purchaser without interest or deduction and neither party shall have any further obligation
to the other respecting this Agreement. In the absence of delivery of a notice of termination, the Vendor
shall be conclusively deemed to have waived this condition.
SCHEDULE "C"
PERM.I 111:V ENCUMBRANCES
NIL
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