AGREEMENT OF PURCHASE AND SALE PICKLE LAKE LANDS THE COPORATION OF THE TOWNSHIP OF PICKLE LAKE. hereinafter called the Township.

Transcription

1 The Corporation of the Township of Pickle Lake AGREEMENT OF PURCHASE AND SALE PICKLE LAKE LANDS BETWEEN: THE COPORATION OF THE TOWNSHIP OF PICKLE LAKE hereinafter called the Township -and- (Name) (Address) (Phone Number) hereinafter called the Purchaser, OF THE FIRST PART; OF THE SECOND PART, WITNESSETH that the Township agrees to sell and the Purchaser agrees to purchase all of the interest of the Township in all and singular, that certain parcel or tract of land situate, lying and being in the Township of Pickle Lake, in the District of Kenora, and more particularly described as follows, that is to say: Part, Plan 23R hereinafter referred to as the Lands for the sum of TWELVE THOUSAND DOLLARS ($12,000.00) of lawful money of Canada, of which is the purchase price. The amount of TWELVE THOUSAND DOLLARS ($12,000.00), has so been paid, the receipt of which is hereby acknowledged. All amounts referred to in this agreement are expressed in CANADIAN FUNDS, and all payments shall be made solely in Canadian Funds.

2 Page -2- TERMS AND CONDITIONS This Agreement is subject to the following terms and conditions: 1. On or before the day of, 2016, the Purchaser agrees to construct on the Lands a cottage or dwelling as defined in, and in compliance with the Township s Zoning By-Law Seasonal Residential, and shall have obtained an Occupancy Permit therefore. The said cottage or dwelling and any other improvements on the Lands shall comply with all By-Laws of the Township, all applicable Building Codes, and any other governmental laws, regulations or requirements. 2. Should the Purchaser fail to so complete such construction to the extent required to be eligible for issuance of an Occupancy Permit and fail to obtain such Occupancy Permit within the time limit aforesaid, then this Agreement and all of the rights of the Purchaser hereunder shall (at the option of the Township) become and be forfeited and void, without notice, action or other proceeding on the part of the Township and the Township shall thereupon be at the liberty to re-sell the said lands and, if it elects, any improvement thereon, free and clear of any right, title and interest of the Purchaser or of any person or persons claiming under the Purchaser, and 50% of the purchase price paid by the Purchaser be forfeited to the Township as and for liquidated damages and not as a penalty. 3. In the case of improvements on the Lands, in lieu of selling such improvements, the Township may elect to require the Purchaser to remove the same and restore the Land to its original condition at the Purchaser s expense, and if the Purchaser fails to do so after 30 days notice, the Township may carry out such removal and collect the cost thereof from the Purchaser. 4. (1) Notwithstanding anything herein elsewhere contained and notwithstanding that the Purchaser may have paid the whole purchase price, the Purchaser shall not be at liberty to assign any rights under this Agreement and shall not be entitled to have title of the said Lands conveyed to the Purchaser until the Purchaser has: a) paid all of the monies owing pursuant to this Agreement; b) constructed the cottage or cabin as herein required; c) obtained the Occupancy Permit; and d) otherwise complied with all other terms and conditions hereof. (2) Provided the Purchaser has complied and executed all applicable requirements of this Agreement, a transfer of the lands will be given to the Purchaser on request. 5. The Purchaser shall assume and pay all rents, taxes and assessments against the Lands from the date of this Agreement. The Purchaser acknowledges that the foregoing obligation includes taxes that would be payable if the Purchaser were the owner of the property as of and from the aforesaid date, notwithstanding the fact that title may not have transferred to the Purchaser. 6. Concurrent with the payment of the balance of the purchase price, the Purchaser agrees to provide All Risk Builder s Insurance and General Liability Insurance in an amount and form satisfactory to the Township prior to commencing any site work or construction on the Lands. The said policy shall name the Township as an additional insured and shall be maintained in full force and effect as long as the Township retains title to the Lands. The Purchaser acknowledges and agrees that the Township will not consent to nor issue a Building Permit until proof of insurance as herein required has been given to the Township. 7. The Purchaser shall be responsible for obtaining any and all septic and sewage systems permits, and any additional permits approvals and authority required for the construction referred to herein.

3 Page The Purchaser shall be entitled to examine the title to the said Lands at the Purchaser s own expense and the Purchaser shall not call for the production of any title deed, abstract of title, survey or other proof of evidence of title and the Purchaser agrees to accept the property subject to all municipal requirements including building and zoning By-Laws and to restrictions and covenants that run with the Lands as contained in Schedule A and Schedule B, attached, hereto. 9. The Purchaser hereby accepts the title of the Township to the Lands subject to any reservations in the original Patent from the Crown. The Purchaser agrees to accept title to the surface rights only and subject to the Statement of Fact set forth in Schedule B hereto. The Purchaser is to be allowed thirty (30) days from the date of this Agreement to investigate the title to the Land at the Purchaser s own expense and if within that time the Purchaser shall furnish the Township in writing with any valid objection to the title, which the Township is unable or unwilling to remove then this Agreement shall be null and void and any monies paid on account of the purchase price shall be returned to the Purchaser without interest or deduction, and the Township shall not be liable for any costs or damages. Save as to any valid objection so made within such aforesaid time, the Purchaser shall be conclusively deemed to have accepted the title of the Township to the Lands. 10. The Township makes no representation or warranty as to the fitness of the Lands for the uses intended by the Purchaser and specifically makes no representation or warranty as to any environmental pollutant that may be in the soil. The Purchaser shall have the right to take soil tests, provided at all times that the Purchaser restores the Lands to its original condition (in the event of non-completion) and shall do so within thirty (30) days from the date of this Agreement. Should the Purchaser find pollutants in the soil that the Purchaser is unwilling to accept, then the Purchaser s only remedy will be to terminate this Agreement upon notice to the Township within the time limit aforesaid and if the Township receiving such notice and determines in its sole discretion that such pollutants are present, this agreement shall be null and void and all monies paid by the Purchaser shall be returned to the Purchaser in full without interest or deduction. 11. The Purchaser is solely responsible for locating survey stakes or bars on the Lands and any cost incurred with respect thereto. 12. The Title Transfer shall be prepared at the expense of the Purchaser. The Purchaser shall pay their own costs of registration and taxes on registration for the Transfer. Each party shall be responsible for such party s own legal costs. 13. The purchase price does NOT include Harmonized Sales Tax ( HST ). All HST shall be remitted as required by law. 14. The Purchaser covenants and agrees to indemnify and save harmless the Township of and from any and all manner of actions, claims, demands, damages, loss, costs (including but not limited to all legal fees and disbursements) and charges whatsoever occasioned to, or suffered by, or imposed upon the Township or its property, either directly or indirectly, in respect of any matter or thing arising out of the acts, omissions, operations or activities of the Purchaser, the Purchaser s agents, employees and contractors hereunder of out of the occupation or use of any of the Lands by them or any of them or in respect of any accident, damage or injury to any person, animal or thing relating thereto or arising therefrom. 15. Any tender of documents or money hereunder may be made upon the Purchaser or the Township or their respective lawyers. 16. Time in all respects shall be strictly of the essence in this Agreement. 17. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Lands or supported hereby other than express in writing herein. 18. All covenants of the Purchaser shall survive the closing of the purchase and sale.

4 Page This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. [for use by Individual] IN WITNESS WHEREOF the Township has caused it s Corporate Seal to be hereunto affixed and attested by its proper signing Officer duly authorized in that behalf, this day of, 2012 and the Purchaser has hereunto set his/her hand and seal. THE CORPORATION OF THE TOWNSHIP OF PICKLE LAKE Clerk-Treasurer Purchaser or Agent NOTE: AGENT AUTHORIZATION Agent Authorized by Power of Attorney is acting on behalf of Purchaser. Proof of such Authority shall be provided to the Township at the time of sale, and be attached hereto on the form provided.

5 Page -5- [for use by Corporation] IN WITNESS WHEREOF the Township has caused it s Corporate Seal to be hereunto affixed and attested by their proper Officers duly authorized in that behalf this day of, THE CORPORATION OF THE TOWNSHIP OF PICKLE LAKE Clerk-Treasurer (Company Name) I/We have authority to bind the Corporation NOTE: AGENT AUTHORIZATION Agent Authorized by Power of Attorney is acting on behalf of Purchaser. Proof of such Authority shall be provided to the Township at the time of sale, and be attached hereto on the form provided.

6 Page -6- AGREEMENT OF PURCHASE AND SALE PICKLE LAKE LANDS SCHEDULE A Statement of Facts: 1) First Nations people will not be charged a fee or denied access usage at the designated access site. 2) First Nations people will be able to continue their traditional trapping and harvesting activities on Pickle Lake. 3) The Ministry of Transportation advises that due to the location of the Airport, on the east side of Pickle Lake, air traffic patterns and noise from the airport activity may be a concern. Purchasers are hereby notified of this issue. 4) When the land is resold, the Registered Owner shall provide the Purchaser with an original copy of this Agreement of Purchase and Sale, and Schedules A and B.

7 Page -7- AGREEMENT OF PURCHASE AND SALE PICKLE LAKE LANDS SCHEDULE B Statement of Fact Be it known that title to PART PLAN 23R-11611, hereby referred to as the subject land, is to surface rights only and that associated subject land mineral rights are reserved by the Crown. Furthermore, as the subject land may be located within an area of high mineral potential as defined by the Ministry of Northern Development, Mines and Forestry, third party mineral exploration and development activities in accordance with the Mining Act of Ontario may be conducted on or about the subject land at any time. This Statement of Fact is expressed solely for the purpose of informing the owner of the nature of the Title and potential, future land use activities on or about the subject land.