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DocumentsAppendixMay 10, 2021Pages 21–22

Appendix B – Purchase and Sale Agreement Amendment

Attachment containing the Purchase and Sale Agreement amendment material related to the sale of 1000 Gade Rd and the conditions tied to the transaction.

Key facts

  • PSA amendment attached as part of the public hearing package
  • PSA secures park/sports field plan and timing obligations for buyer
  • PSA includes conditions related to buffer, public access and construction responsibilities
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Page 21–22

PURCHASE AND SALE AGREEMENT (1000 GADE ROAD)

Amendment

CON20-0066

This Modification Agreement dated for reference May 4, 2021

BETWEEN:

CITY OF LANGFORD
2nd Floor, 877 Goldstream Avenue, Langford, British Columbia, V9B 2X8

(the "City")

AND:

1103548 B.C. LTD.
1046 Fort Street, Victoria, BC V9C 1X4

(the "Buyer")

WHEREAS:

A. The Parties entered into a Purchase and Sale Agreement dated for reference January 14, 2021 (the "PSA") wherein the City agreed to sell and the Buyer agreed to purchase those lands and premises located at civic address 1000 Gade Road in Langford, British Columbia, legally described as:

  • PID: 030-547-881
  • Lot A Section 1 Range 4 West Highland District Plan EPP57245 (the "Lands"); and

B. The Parties wish to amend the PSA on the terms and conditions contained herein.

THIS AGREEMENT IS EVIDENCE THAT in consideration of the promises exchanged below and other good and valuable consideration (the receipt and sufficiency of which each party acknowledges), the City and the Buyer agree with each other as follows:

  1. The PSA is amended as follows:

    (a) by replacing section 1.1(a)(iii) with the following:

    a fence not less than six (6) feet in height constructed of materials to be approved by the City, acting reasonably, and constructed, at the Buyer's option:
    
    (i) along the entirety of the southern border of the Lands; or
    
    (ii) parallel to the entirety of the southern border of the Lands and set back 5 metres from the southern border of the Lands.
    

    (b) by replacing recital C in Schedule B with the following:

    The Owner has agreed to construct a fence not less than six (6) feet in height constructed of materials to be approved by the City, acting reasonably, and constructed, at the Owner's option:
    
    (i) along the entirety of the southern border of the Lands; or
    
    (ii) parallel to the entirety of the southern border of the Lands and set back 5 metres from the southern border of the Lands
    
    (the "Fence");
    

Except as set forth in this Modification Agreement, the PSA is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Modification Agreement and the PSA, the terms of this Modification Agreement will prevail.

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CITY OF LANGFORD
by its authorized signatories:


Mayor:


Corporate Officer:

Date: ___________________

1103548 B.C. LTD.
by its authorized signatories:

[signature]


Name: Xipeng Qin

Date: 05/04/2021

Page 21–22
Extracted from: Special Agenda Package(393 pages total)