87-28
:f!i
f
I
,
COUNTY OF ELGIN
By-Law No. 87-28
"BE.I NG A BY-LAW TO ACCEPT AN AGREEMENT OF PURCHASE AND SALE FOR
THE COURT HOUSE BLOCK. "
WHEREAS the Council has determined and by this by-law
does confirm that its property commonly referred to as the Court
House Block, situate South of Wellington Street, East of Stanley
Street, North of Gladstone Avenue and West Df Metcalfe Street is
no longer required for the purposes of the. Corporation.
AND WHEREAS Council has received an Offer to PLlrchase
in the form entitled "Agreement of Purchase and Sale" from
THOMAS CROSSMAN wherein the sum of $1,040,000.00 is being offered
for the said lands and buildings referred to herein, upon terms
and conditions contained in the said offer and Counter Offer a
copy of which is annexed hereto and marked Appendix "All..
NOW THEREFORE the Municipal Council of the Csrporation
of the County of Elgin enacts as follows:
1. That the County of Elgin accept the Offer to Purchase
submitted by Thomas Crossman for the sum of $1,040,000.00 upon
the terms and conditions as contained in the Agreement of
Purchase and Sale and Counter Offer annexed hereto and marked
Appendix "All,
2 . That the Warden and the Clerk be authorìzé<i to execute
the said Agreement of Purchase and s:'b.le and Cd'unter Offer under
the seal of the Corporation.
3 . That the Warden and the Clerk, and upon direction of
the Property Committee of Council be and they are hereby author-
ized to execute such other document and/or documents required to
give effect to this by-law and the sale referred to herein and
such other documents ~s cOLlnseLÆor~he Corporation mayadvis~.
READ a first time this 20th day of May, 1987.
READ a second time this 20th day of May, 1987.
READ a third time and finally passed this 20th day of May, 1987
~
~
~
~<-~
C. Leverton t
Clerk
- ------ ----
Offer there slWl
¡;;.'iii..dbÌc o.n;..ënt- 01 puñ:bÜe mil sale bet......
1'Dn:_ ODd V._.
,"O l M '02
VE
............................
pUl'd1;uu
SHOULD NOT SIGN THE ORIGINAL OFFER.
j
.............
purchatcr
...~\-"
- .:
~,.
~).
~.;",;
,,-
In Witness whereof I
set my hand and seal
Signed, Sealed and Delivered in
the presence of
this
'\
..r.I..~..............
have hereunto
1~..~.1.
DATED AT
,~J4.........
day of
The above Offer of
the Vendor
to my Offer dated
..?ºW..!?~,,ºf...~X.,..}2.??...........
,GIN
~ ..wäro....i;~
.~ ~ en--W'"
.....,...,.....,....,..........=.,.. $~
~"t.U.-.~~..'
--'
is
hereby accepted.
"
In Witness whereof I have hereunto
seUny hand and seal
CORPORATIQ
Signed,
Sealed and Delivered in the presence of
,~.~...w~.....
'\
this
20Tli
..............
day of
MAY
........................h..
19...??..
DATED AT
This Counter Offer shall be irrevocable by the Vendor until the ,..?;!.?r.... day of
after wlúch time, if not accepted by the Purchaser and a copy dclivered to the Vendor or
Offer shall be null and void and all deposit monies shall be returned to the Purchaser
.~x,...............
his Agent, this
without interest.
19 !E
Counter
~
ments
PARAGRAPH 6 IS 'ro BE DELETED AND THE FOLLOWING SUBSTITUTED THEREFORE:
6. PURCHASER SHALL BE ALLOWED 30 DAYS NEXT ,FOLLOWING THE DATE OF ACCEPTANCE
THIS OFFER 'ro: E)()\MINE THE TITLE 'ro THE PIDPERI'Y AT HIS OWN EXPENSE, 'ID
SATISFY HIMSELF THAT THERE ARE N:) OUTSTANDING IDRK ORDERS AFFECTING THE
PIDPER!'Y, THAT ITS PRESENl' USE MAY BE LAWFULLY CONTINUED AND THAT. THE
PRIOCIPAL BUILDING MAY BE INSURED AGAINST RISK OF FIRE.
OF
The Vendor accepts the attached offer
exceptions and/or additions.
and all
its
terms
and conditions
subject
to
the
following
amend-
,::rn~..ç;
property known as: ...COURT...HOUSE.
Dated'
MAY 14
.........................................,
19 87
.........
r
"
!
,
and
THE..CORroBATION..OF."THE,.CQUNrY,..OF.,ELGUj
Attached
to and forming part
L.:OUNTER OFFER
of
Offer
to Purchase
'between
,
,
:"
8.
7,
5.
6,
Purcbuer ..lIIIow....... bav'", Inspected Ibe property prior to submlttlactbla Oller"" uad_ tbat _ Veador ....... ibis
Oller Ibe.. sball be . blnclloa _meat of purcbue aad sale botwooa Pare..... .... V.odor.
This Afreement sball be completed on the.
po......on of the property sball be ¡iven to
¡;>.\.J,:¡;.G,h.a.s,~.r.,..a.g,r.ees.",t.Q...a.s.s.J.URe....pr.~.S.ent.,..tena.rits
Vendor and Purchaser .gree th.t there is no condition. expr... or implied, representation or warranty of any kind th.t the future
.... of the property by Purchaser is or will be lawful except as may be specifically stipulated hereunder.
NIL
may be lawfully
Purchaser shall be allowed the .3..0. days
at his own expense, to satisfy himself tbat there are
.....30,th.... day of",.. ........NQ.v.ember..........
Purchaser unless otherwise provided as follows:
continued, and that the principal buildina may be insured against
.
removal of conditions
next following th~dllI6~iItJO!aKìIo::llrtrtKto: examine the title to
no outstanding work orders affecting the property. that its pr.sent use
risk of fire.
the property
intended
Purchaser agrees that this Offer shall be irrevocable by him until
19 ,8.7...... after whi.h time. if not accepted. this Offer shall be
interëst õr deduction.
..
11:59 p,m, on the ......J.f3.t.. day of ...J.\lne.. .
null and void and the deposit shall be returned to Purchaser without
19.
.8.7.
Upon completion, vacant
4,
3.
Purchaser and Vendor agree that all existing fixtures
......,...................JUL.....,
the 'following chattels are included in the purchase price:
and
The Vendor covenants and agrees to assist the Purchaser in negotiating
lease renewals with the present tenants
that
are
included
in
the purchase
.<>.11
price exce'pt those
.............. ....
mg,j,Ptené!nGe...aqµ,j,pment
¡sted hereunder:
2
d
Respect the historic significance of the Court House building and,
in all renovations, to maintain the e~terior architectural nature
of the bui¡ding
ii
Retain and employ the two County Maintenance employees for a
period of not less than three. (.3) years from the closing date
provided that the present services sLlpplieÇl by,' these two
employees is continued in a competent manne.r
i
2
c
On closing
On closing
the Purchaser agrees
shall assign all existing leases
to provide his
written Undertaking to
2
b
,
This Offer may be terminated by the Purchaser if he is unable to obtain
Mortgage financing satisfactory to him, on or before August 14, ~~87.
In the event satisfactory Mortgage financing cannot be obtained by this
date, this Offer shall be n\l11 and void and the deposit shall be
returned to the Purchaser without interest or deduction. This condition
may be waived by the PLlrchaser at his option
the Vendor
to the Purchaser
2
a
2. Purchaser agrees to pay a further deposit of TWENTY THOUSAND DOLLARS
upon removal of the financing condition contained herein
this offer .rJy.¡;:H+'HQµ~l>NP:::::::::ë:::::::::
cash! cheque payable to V endor'~ as a deposit to be held by him in trust
and'to be credited towards the Purchase Price on completion.
$20.000.00
Dollars (S, ë:::ëë5 ,.000., 0 0)
pending completion or other tetminationof this Agreement
QNE...MIL.¡'IQN.,...FQR'J,'Y ..îHQ.U8ANP::::::.7'.:::::::::.7'.::::::
on the following terms:
1.. Purchaser submits. with
Canadian Dollars
THOMAS CROSSMAN
PURCHASER, HHHH""'''''.......".."......''""....·''........·H..'' . offers to buy from
THE COUNTY OF ELGIN
VBNDOR. ."".""H""'.."'."""'''''''''''.''''''''''......H''''.''''''. lIiXiII~fIáX
X~:K,'''".."..,.."''',.."'''''''''"...,,'',,.....................,....,,.:....."....H'''....."......... .................... . the following
PROPBRTY: franlin, on the ...,.¡¡.9.1JthH.. side of .H..W~.J,:L,i,.ngt.9.n...~.t.:¡;-.~~t known municipally as ...tÞeò...ElginH
¡ìPt~,ç()].mty"R.,'ªg;i,¡;;t;ryQtf',i,ç~..ªnª,çqµ¡;::t:ªº)Jê~"I.."JtltXHªn4,,ªppµ¡;:t~n.ªI1,:t:H þµ:i,14:LIl,gs
Mü[]IH'ItI¥X~X., ................. ................ :IIW(~of ........................................ 1XiXIKðf~~X.
b~.in!;J..al.¡,.oJH:the..¡ands....boJ.md~,d"by..w.el1JngtQP~tx.eetHQn..theNQ:!;'th,MetGé!lfe
S.tr.~.e.:t".,Q,n.,,:th~....Eas.t.,....Gl.ªdl>t.Qn;;¡...M:enµa... .Qn...t.he...sQµth.. .aml...S.tg\ll.ey ...s.t:r.:e.a.t....Qn..
tha....w.el>t... at the PURCHASB PRICE of
"
AGREEMENT OF PURCHASE AND SALE
APPENDIX
A
(SCan.
I
.,.
040
.,.
000.00)
fo\'rn1
Vendor's
Telephone
!"J\,.
I
Solicitor
No.
Purchaser's
Telephone
Box 1033, Grand Bend, Ont
'N'öiYi"Ifö'" """ ,."....... ,."" ,.., ".,...,.,."...".
No 238-8871 .
. """"'"''Ö':'''L'''Ïi.Ich'äièi'šoÏi'''''
"'~~'î'~W~~'~rï,;§m~n~ef
London, Ont N6B 2P5
672-2121
Solicitor
Address:
Address:
...............
(Purchaser)
1
VendOr)
Vendor)
D.te"M.ªY.
D.te..l:1.élY
.Date.
I acknowledge receipt of my signed copy of thisacceptect Agreeme¿t
Pl!f.-chase~n9 ~, and direct the agent to forward a copy to my solicitor.
~&-~..ø'~,-___ )May 14/87
.............................................. ...Dale............. .....
Thomas (Pe't'ß<~ sman
I acknowledge receipt of my signed
Purchase and Sale. and direct the agent
copy of this accepted Agreement .of
to forward a copy to my solicitor.
ACKNOWLEDGEMENT
of
Witness
Act, 1978,5.0. 1978, c.2, as the same may be amended
In consideration of the sum of One Dollar ($1
Vendor hereby agrees with the Purchaser that
evidenced herein.
Spouse
from til)1~ to time.
.00), the receipt 'of which
he I she will execute
from
the Purcha
'lãental documents
ledgea, the undersigned spouse of the
to give full force and effect to the sale
.p.¡;:.~,
"
(Vendor)
. Date"r.1,~x.
..D.te,)1.~y.
/87
I?.7..
SIQNED, SEALED AND DELIVERED
in the presence of:
N WITNESS whereof 1 have hereunto set
THE COUNTY OF ELGIN
PER:
........
(Vendor)
my hand and
seal:
DATED .,
to pay him on the date above
commission may be.d
St
Thomas,
fixed
for completion,
-
The
Ontario
o the above mentioned sale price, which
:vocably instruct my Solicitor to pay direct to the said Agent any unpaid balance
unâersign~d acc~pts th~ abov~ Off~r.
this.
.day
May
9,
87
.......
Purchaser)
~." .AØ"
~~~,,:Z¿::.ç~._----/
. ...~..,........,............................................
Thomas CrossmaríPurchaser)
.D.te,J1;;¡.y".l~Ia,7,
..Date..
IN WITNESS whereof
have hereunto set
my hand a'pd seal:
DATED at.
9,
8,
7
6.
Unearned fire insurance premiums of any policy to be assigned pursuant to paragraph IS herein, rents, mortgage interest, 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 Purchaser)."
The deed or transfer shall, save for the land Transfer Tax Affidavits, which shall be prepared and completed by the Purchaser, be, prepared
in registrable form at the expense of Vendor and the Mortgage at the expense of Purchaser. . ~.
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 are hereby expressly
appointed in this regard.
Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion
of this Agreement. Money may be tendered by bank draft or èheque certified by a chartered bank, trust company or Province of Ontario
Savings Office.
This Agreement shall constit~te the entire agreement between Purchaser and Vendor and there is no represent~tjon,warranty, 'collateral
agreement or condition affectmg this Agreement or the property or supported hereby other than ·.as expressed herein In writing. This Agreement
shall be read with all changes of gender or number required by the context,
);,ç¡.n9. pn.,... .Q!:1:\; q.+:.i. Q.
this.
.;I,.A.t.n.
.dayof.
.~.ªy.
19".8.7.
5,
4,
Fire Ißsurance shall be assigned to the· Purchaser on closing subject to the consent of the insurer having been obtained to such assignment, and
the vendor shall supply to the purchaser at least five (5) days before the completion date details of any such policy to be so assigned."
Purchaser shall: be. credited towards the Purchase Price with the amount, if any; which it shall be necessary for Purchaseno pay to the Minister
of National Revenue in order to satisfy Purchaser's liability ¡nrespect 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 he is not then a non-resident of Canada.
3.
r--.c
2.
0,
9.
Provided ¡hat the tille to the properly is good and free from aU encumbrances except as aforesaid arid except for any registered 'restrictions or
covenants thai run with the Jan,d providing that such are complied ~ilh and except for any minor easements to public ulilities required for the
supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, or to any
outstanding work order. or to the fact the said present use may nOI lawfully be continued. or that the principa,1 building may notbc insured
against risk of fire ¡!Ii made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser
will not waive, this Aareement, notwithstanding any intermediate acts or. negotiations in respect of such objections. shall be at an ~nd :and all
monies theretofore l'I'id shall be returned without interest or deduction and Vendor and Vendor's Agent 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, PurchasershalJ be
conclusively deeme.d to have accepted Vendor's title to the property. <
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 Vendor. Vendor agrees'that, if requested by the purchaser, he will deliver any sketch or survey of the property in
his possessiQn or within. his control to Purchaser as soon as possible and prior to the Jast day allowed for examining title.
All buil~ings on the property and all other things ~g purchased shall be and remain until completi,on 'at the risk of Vendor. Pending
compleuon, Vendor shall hold .all insurance policies, if any, and the proceeds thereòf 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 aU monies theretofore paid returned without
interest or deduction or' else take the proceeds of any insurance and complete the purchase.
Provided that this Agreement shall be effective to create .aninterest in the property only if the subdivision control provisions of The' Plannmg
Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any
necessary consent on or before completion.
We
;;'1;
','S
,;?WWI'M~i~J'i-'!~f~{i!.
J"'''
rr.
~""""""""".A. ~
,
.
Attached to and forming part of Offer to Purchase ~ctween ...TI!Q!"Jì.\$...Ç.!J9.$.i?MN.!',
and TIIE..CORl?OBATWN..OF...TIIE..cOUNL'Y..,Or..ELGLij property known as: ..CO!1RT..HOJlSE...BLD:K...........................
.,. .,..,....,..".........,..... ...... '.........." ..",...,'.'"..........""...,."..,......,.....,........,",.......".., Dated' ....,..Nb.¥..)·.~..........................,. 19.,!F...
The Vendor accepts the attached offer and all its terms and conditions subject to the following amend-
ments·exceptions and/or additions.
PARAGRAPH 6 IS TO BE DELETED AND TIlE FDLLOWING SUBSTITUTED TIlEREFORE:
6. PURCHASER SHALL BE ALLOWED 30 DAYS NEXT .FOLLOWING THE DATE OF ACCEPTANCE OF
THIS OF'FER 'lD, 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.
This Counter Offer shall be irrevocable by the Vendor until the ...n!?T..... day of .......~X................ 19 ~.7....
after which time, if not accepted by the Purchaser and a copy dclivered to the Vendor or his Agent, this Counter
Offer shall be null and ,void and all deposit monies shall be returned to the Purchaser without interest. WCt:MX
~
DATED AT ..........s.~.,...~~~............................... this ...........2.qTIL................. day of........,~X.................... 19...8.?..
Signed, Sealed and Delivered in the presence of ( In Witness whereof I have hereunto
set md! hand nd
CORP OF ELGIN
) ........ . ~, o~....·..·.........·........Wärè!ën(~
·····~~;~,.......'·..ClërK..{~
The above Offer of the Vendor to my Offer dated................?9.TI!..[)b.¥...ºL~X.!..},<:J,??........... is hereby accepted,
';,t;-
DATED AT ........................._...................................... this ..................................,..... day of .............................. 19.........
Signed, Sealed and Delivered in the presence of t In Witness wheieof I have hereunto
set my hand and seal
~~.......................................................................... ~~
) - ,
purchaser -'.,
............. .................................................................... ~~
witneu ..,...................,..............................................1" .. ::¡.;,
purchaser ":.,.' "'.'
é;
VENDOR SIGNING THIS FORM SHOULD NOT SIGN THß¡ORlGINAL;OFt''ER.
"ORM 103
~~/-e_~~
G. C. Leverton,
Clerk.