Title
OFFER TO PURCHASE - RICK SCHALY, IN TRUST
That Council accept and the City Clerk and Mayor be authorized to execute the Agreement of Purchase and Sale from Rick Schaly (In Trust for a Company to be Incorporated) for a 3.2 acre parcel approximately of City-owned industrial land described as Part 1, Reference Plan 51R-33098, located on the west side of Huronia Road in the South Barrie Business Park, for the purchase price of $88,500 per acre be accepted, subject to the following exceptions and additions to the Standard Offer:
a) The Purchaser agrees that it will be responsible for any fees to connect laterals to sanitary sewers, water and hydro.
b) The Purchaser agrees that it is purchasing the property in its present condition “as is”. The Purchaser further acknowledges and agrees that it will conduct, by the conditional date indicated in Paragraph 6 (c) of the offer, such tests as it deems necessary to determine to its satisfaction, that the soil conditions for the property are satisfactory to support the development and construction of the building and other structures contemplated for its proposed use of the property and that it may develop the lands and construct the required building in accordance with its development plans.
c) The Purchaser acknowledges that acceptance of this offer, including all amendments, is conditional upon the approval of City Council and that the execution of this offer by the Director of Economic Development in no way binds the Corporation.
d) The Purchaser acknowledges that this transaction is subject to GST and such tax shall be paid in addition to the purchase price. Notwithstanding this, no goods and services tax will be paid by the Purchaser on closing provided that the Purchaser is a GST registrant and provides its registration number prior to closing. The parties will instruct their respective solicitors to enter into a document registration agreement in the form approved by the Law Society of Upper Canada on closing.
e) The Purchaser undertakes that the only assignment of this agreement will be by way of direction that title be drawn in the name of a corporation which has the same controlling shareholders. This will be confirmed by the Purchaser’s lawyer prior to closing along with confirmation that the Purchaser’s lawyer has no knowledge of any intention on the Purchaser’s part to sell the shares to another party.
f) The Purchaser agrees to convey, on closing and as per the terms outlined in Schedule A to the offer, a free and uninterrupted easement across Part 1, Plan 51R-33098. This easement, either as a blanket access easement or a defined access easement, shall generally allow for access by the City of Barrie and/or its agents to the municipally owned lands described as Part 2, Plan 51R-33098. The cost of preparation and registration of the registered plan, substitute easement and release of the temporary blanket easement shall be borne by the Transferor. Notwithstanding this, the Transferor may, up to 30 days prior to closing, make a request in writing that the substitute access easement be transferred on closing instead of the temporary blanket access easement. In such event, the Transferee will be responsible for the costs of preparation and registration of the registered plan and substitute easement, and the Transferor will only be responsible for their own legal costs, if any.
g) The Purchaser acknowledges that, as per the terms outlined in Schedule C to the offer, they have been advised that the Allandale Community Development Corporation (ACDC) is the owner and operator of a railway line that abuts the property and that they agree to comply with any additional requirements made by ACDC. The Purchaser is also advised that alteration to or expansion of railway facilities and services may occur in the future resulting in increased use along the railway line in proximity to the property. The Purchaser is warned that the present and future use of the railway line may affect the living or working environment of residents in the vicinity notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development by the owner or builder. The Allandale Community Development Corporation, its successors, assigns and licensees shall not be libel for any complaints or claims arising from the operation, use or expansion of the railway line and related facilities. The transferee covenants and agrees to include a copy of this warning clause as a schedule to any subsequent Transfer/Deed of Land transferring an interest in the lands.
h) The vendor agrees that all of the subject lands are outside the Regional Flood Line and outside the boundaries of a Provincially or locally Significant Wetland.
i) The Vendor agrees to the removal of Paragraph 23 as the Purchaser acknowledges that the property is subject to Site Plan Control.
j) The Vendor agrees to a one year extension in the time period to start construction of the building. This increases the maximum period for the start of construction from one (1) year to two (2) years.
k) This Offer is conditional for a period of 120 days from the date of acceptance upon the seller, at the sellers cost obtaining a rezoning of the property to allow the buyers intended uses. Failing this the offer shall become null and void and the buyers deposit shall be returned in full without interest or penalty. (EDO031-05) (File: L15)