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Rainbow Ranche Collection

Agreement between The Rainbow Ranche Limited and William Alexander Stewart and Frank Neil Stewart, August… Rainbow Ranche Aug 13, 1948

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 .MTEB^s. of 13th AUGUST , 4-P, 19JU
BA1 & SOLIC '•   ■■  • ' " .   .   .
mm m        W aad© in triplicate as of the 13th day of
ugast In. the year of Oar Lord not Thousand line Hundred and party
M Brltlsn Oolunbla i
M9 e(i tpRaPeP     %ots>     itP*a»iiF cloi*pn'©PeP    ws tr
(hereinafter ©ailed tta Vendor14)
of the FL^ P/iiW,
smars, of loo? ithol fttmat
;ity of Hainan©,
i eralnafter called the ^Purchaser'},
of tta ?.
tta fender has agmed to mil to the Purchaser and th©
and harodltenants hereinafter ©entioned, that is to sayi-
i ©Up siacULAB that certain parcel or tract of land and preaises
situate, lying sad being ia tta Voraon •.©©•saasat District in the
Province of British aalttabia, and acre particularly itaooa and
described as that part C20.85 acres aom or less) of Lots Three C3>
aad Four (4) step Four Thousand fan handmd and mrtcan (4*13)
shown, as Lot A on a plan of subdivision of ths said Lots 3 m^t 4
prepared by truest   . i*aod, aritlah Coluabla Land Surveyor, froa a
survey thereof eeapieted by hln ©a tta 30th day of August, IfoS,
which said plan was sworn to by tan on the 9th day of September,
194% and is deposited in the Lead iogistry Office at Kaaloop©,     .
British Coluabla, m&*v SUnber $ subject to a right of
way as hereinafter provided! ! with all the privileges and
artenances thereto be longing at        fat the price or sua of .Tvu.
nine fhousand ($29*000.00) Bollars of lanfttl nancy of Canada payable
in tta naaaer and en tta days and tines hereinafter mentioned, that
la to sayt-
fttJ   m© ana of four thooeend (©4tO0O»W Boilers ©a or befom
the execution of this Agreement and tim sun of Two thousand
<t2,000.00) Dollars on or befom tta 15th 0My of   otober, 194#| ■2M3,Z7.*/.t>f
- 2 -
(b) fas wm of t*aa*r ihfaa Thousand (t23fOQO.oo> PAlm
interest thereon as hereinafter provided by the peyaeat to Use
fender or Its order of one-half {§} of the graaa proceeds frea
the sale of the whole of the crop of the different kiaas and
qualities which shell he growa ©a the said lands in the yeer
1949• end one*third (1/3) of such gross proceeds to respeot
of such drops of later years, until foil payment of the said
sua plus interest as aforesaid, such payaeats to he applied
first la payaeat of Interest sad say other sua then doe here*
uadert aad secondly la reduction of the balance of such prise
then owingi snob balance of ..:o,000»QD to he paid In any event
by not later than the 13th day of   Jt ^J§ together «ith
interest at the rate of six per cent (fc,;> per
balances froa tiae to tine owing payable on or before the 1st
day of July la eaoh aad every year, ooaMUMiag Jaly 1st* 19*9»
provided that no interest snail be chargeable la respeot of the
first £6,000.00 of the said, price if tte saae be duly paid
as above provided*
For the purposes of this Agreement "gross proceeds1* shall
aeaa the gross preeeeds received froa the- sale of the whole
of the crop as aforesaid (including, without Halting the
generality of the foregoing, not only the proceeds of the sale
bat any saas paid to the Parohaser with respeot to any part of
suoh crop damaged or not plckad, or because of the deficiency
of the crop in one year, being the year 19*8 or later, with
relation to other years), less paeteiag, handling and selling
costs, sod British Colnahia fruit Board or other sialic*
levies, but not lass any capital deductions aade by any
\ padclng»hoa«e concerned.
Wmm U mmm mm® by the Parties hereto in the aaaner
following, that is to says-  The iurohaaer B0SH nmSME &m%Mhm
Alls hOmt to and with the Vendor that he will well and truly pay
or cause to be paid to the fender the sua of acasy above aeatloaed
together with the interest thereon at the rate aforesaid both before
and after maturity and on the days and tinea and in the o2*/j. zy.Vi?
• 3 .
in aaatloned, all anas in arrear for interest froa tiae to Mae
shall bear interest at the rate aforesaid froa das date uatil pay*
aeat} and also shall, sad will pay ana* discharge all land aad water
taxes, tolls, rates and aesessaaats 'wherewith the said land- la now
or aay be rated or charged froa and after the 1st day of January,
19*9, whether already or hereafter assessed* provided that the Purchaser shall be entitled at aay tiae and froa tiae to tiae to y$%<*
pay the balance then owing or any part thereof*
leads aad preaises until default be aad* in the
aad fitlfiijseat of my c     or agiao^nt for the payaeat of
to be perforaed or fulfilled, subject nevertheless to iapeaahaeat
for voluntary or poralssiwa waste*
: FMHAssa wwmm cm        I A® &mm® to give to the
Vendor a crop order or crop orders assigning to it one-half of the
gross proceeds'as aforesaid froa fche sale of the whole of the crop
as aforesaid produced upon the said lands in the year 1948 and
third thereof in respeot of later years and while any ami
owing hereunder, directed to the person, fira or corporation
through or to whoa or which the said crop or aay part thereof shall
be ©arise ted, sold or disposed of, and to any other person, fira or
corporation froa whoa any part of the proceeds shall beeeae payable
to the Purchaser.   Such crop orders shall be given at the
beginning of each season la priority to all other orders charges
or assignments, aad the Purchaser will execute aad deliver such fur*
wiier assignments, orders or assurances as the fender aay froa tiae
to tins reasonably require In order to give the feeder a first
Ilea or charge oa all such proceeds to the full Intent hereof, and
resiact of the 194S crop and ©as-third share in respeot of later
crops of the gross proceeds of the said crops as aforesaid while
aay ocas reaaia owing hereunder, end hereby irrevocably appoints
the Vendor his ageat aad attorney to execute and deliver on the
Purchaser's behalf and la his mm  all such crop orders.  It is Jo/s.syy.o/
. 4 -
agreed however that, notwithstanding the foregoing, the crop order
or orders m each year in favour of the Vendor aboil not require
to be paid in full prior to any payasnt to the Purchaser in respect
of his share of the proceeds, but that Que fender shall receive
on account of his mm& order for such ymr not less than one-half
in respect of the 1943 crop and one-third in respeot of later mm*
of each payasnt on account of crop proceeds from tiae to tiae paid
or credited by the person, fira or corporation through or to
such crop or any part thereof shall have bmn aaratted, sold
disposed of, or froa whoa any part of such proceeds shall
If IS Ftsram ASIW& that the packing, or handling m
of the 1946 crops from the said lands shall be dons by or through
the Vernon Fruit onion, whose head office is at femoo, British
rm ra«A3EB wtmmmi ommmn §m amis with the vendst that
the Purchaser will during the term of this Agreement cultivate,
till, fertilise and employ the whole of the said lands and preaises
in a iood huabandaanliis© sad prober aanosr and will tsisep down all
aaaiwiiiNisar^asp   aeapcnaaap   aaaF   apewsi ewgeapae   a^pp    aRap«r:   -as -*as   ?iHf'^paaaa,pP   r^apse   aiPSa    aBwPes   w Wf^ saw ^n'SS^saa
of British Coluabla*   Mi will carefully protect and preserve all
orchard, fruit, shade and ©raeaental treea which are now or aay
hereafter be planted on the said lands froa waste, injury or destruction, aad will carefully cultivate, irrigate, fertilise, crop,
prune, Bpt»y ana* care for such land and trees in accordance with
the rcfulreaents of good faming operation of the district in which
law with respect thereto, and will not allow any horses, cattle or
sheep or any field pests to have access to such treed on the preaises
aad will not allow nanura or fertiliser to be placed or lie against
the buildings oq the said preaises*
tm rurohaser will repair, clean out sad lamp clean and la a
good state of repair all irrigation ditches and flanss and will da
all irrigating war* required, using the Irrigating water as a careful husbandman scald uae the seas Jn irrisatitsi cross of like nature o?o/3.Sy. f.oy
. $m
planted in like soil, such irrigation to be carried on at the
chaser• s own expense la the most approved aanner so that no injury
shall be done to the said isads or to any sajeaaiag lands aad If
aay such Injury is done then the fu   %t stall indemnify and
therefroa, but nothing herein contained shall be coastraed as a
warranty or covenant as to tu  qaaastf or sufficiency of water
available for the said Isads*
ASP 'tM Pmmm% raffBRK m that he will prior to the
sans becoalag delinquent or la arrears or to any penalty or interest
being added to the saae for aaa-payaent, in each and every year
after 1948 pay aad produce to the fender a receipt or receipts far
the payaeat of all land aad water taxest tolls, rates and assess-
aeats upon the said land for the currant year aad In default of his
doing so the Vendor aay pay any of the sans and in case such payasnt or payneats shall be or are node by the Vendor the aaount or
anoints so paid kegetnsr with ail costs and expenses incurred la
connection tbertwlth as betseea Solicitor and client shall be
added to the aaeuat unpaid hereunder and shall bear interest at the
rate aforesaid froa the ttoe of audi 1 I ahull be payable
-■hall during the ©>    aao« of this ixreenont
and ao Incut as any ttOBMf mtfiftlxu, uriD&Id tevwuad*!1* insure und *c©©d
said lands, or ahioh any be hereafter erected thereon, in the son
of their full insurable value with sons Insurance aenpany not objected to by the vendor, and will pay all preaiuas aad sans of
aaasy necessary for such purpose as the sane shall beccae due, aad
will assign, transfer and deliver over to the Vendor who policy or
policies of insurance, receipt or receipts, thereto pertaining, aad
If the Vendor shall pay ail premiums or suns of sonsy for insurance
of the said preaises, or any part thereof 1 the aaoaat of such payneats stall be added to the aaooat unpaid tareuader and shall bear
interest at the rate aforesaid froa the tins thereof and shall be
If IS ■    ■ '?TO0D AM    .0 that this said igreaaeat and any conveyance of the said land and preaises asde pursuant hereto ie
and shall be subject to lac full right and liberty for the fendor,
Its successors or assigns, the owner or owners'for the tiae being
of Lot B as shoea on the said subdivision plan prepared by the said
Until -. --cod, aad it* or their agents, servants, and ail other
persons eattM   I in that tefcslf by It or then, in ©cation never-   s
tholes© with the Purchaser, his personal representatives, successors
and assigns, the owner or owners for the tiae being of the said Lot
1, aad his or their agents, servants, and ail other persona authorised
in that behalf by hln or then, and froa tins to tine sad at all
tines hereafter at its or their pleasure for all pigpsnca connected
with the use and enjoyneat of the said Lot B, to pass and repass
either with or without aninals or vehicles, through, along, and over
that part of the said Lot I outlined in green on the said subdivision
plan and saried "M 3®* WW, being the saa«asrl| shirty (30*) feet
of the said .Lot I measured along the easterly boundary of the said
Lot i by the full depth at such point of the said Lot ,
SCHAStt K   rsUWt with the other and its
or his respective personal representstires, successors aad assigns
as owners of the said respective lots, that It, be or they will
froa tiae to tiae contribute a fair proportion according to the
extent and aaanar of user of the costs of keeping the said right
of say in repair and of any fenoes or gates along the sides of or
across the sods of the sane froa tiae to tine appearing necessary
er advisable*    in the event of dispute as to the proportioning
of any such costs m as to the necessity or advisability of aay
such fence or gate, the dispute shall be referred for determination
to a single arbitrator in case the parties agree upon one, aad
otherwise to three arbitrators one to .be appointed by each party
to the difference and the third to be appointed by the too s©
noainated, in accordance with and subject to the provisions of the
rbitratioo Act, Bevlsed Statute* of British Coluabia, 1936, Chapter
13, as aasaded*
II C3KSX0BRA?Xan 12SR&09V and on payaeat of the said sua of
aoney with Interest thereon as aforesaid, the Vendor BOTH CflffBMARr <£&3.4?.y. oy
. ?«
moMZSE AM) agree to and with the Purchaser to convey and assure
or cause t© be conveyed aad assured to the Purehas©r by a goad and
sufficient deed in fee siaple, ISi mi the said pice© or parcel
©f land above described, together with the appurtenances thereto be-
loosing or aomrtelal ■
aave and exospt land and water taxes, tolls, rates aad assessnsats
froa aad after the 1st day of January, 1949» and the said right-of-
way t ®ud subject t© the conditions and reservations la the original
grant thereof froa the arena, and such deed shall be prepared at
the expense of the Purchaser, aad shall contain the usual statutory
©ovenaats, but the Vendor shall not be required to furnish any
abstract ©f title ©r proof or evidence of title, or any deeds, papers
or dominants or copies ©f say deeds, papers or documents relating
to the said prop«rty other than state which are now in possession
mt the V*tmm9  save and «xe©pt the Cartlflaat© ©f Title which ©hall
be deposited la the Land Hegistry Office by the Vender*
WOrt !TiISTAf©XttG anything issreia ©Isewhere contained aad ia
addition to any other rights herein provided, it is agreed that in
the event of default being aad© by the Purchaser in the prefer
p©rf©meant ©r fulfilment of any of the covenants and agreeaents
for the payment of aoney or ©therwit© in this Agreeneat containsd
©a the- part of the Pur©bas©r to be perforaed ©r fulfilled, the
whale purchase aoney at the option of th© ?©ndor shall without
notice iaasdlstely becoae due aad be payable ia ©ash*
AID If IS WLmmW AMU© that should the Purchaser fail ia
©ftwin Wr   ^Jp©wpi|naiw'wl!w   weast»srne^easlpnan'   'aPtat   wies^p   gjjStne* as   apev    w&mWf   w saa* ■apwt^t'ww'Si    w^ir   «w   jpF©Ptt»
fomed or fulfilled, the fender aay, at his optica, enter upon the
•aid leads ©r elsewhere ©ad do, or have cane, all such things as
mmy be proper or requisite t© ensure and effect the full aad eoa-
plete fulfllaeat aad performance of the said covenants and agree-
itsateaw m m    ^peiMPa   sndase   *e ©psiwptstttwnsr ds^n   ap^arst ©mbf-   maii^w   as**' ..=*.. apea   ■ at   a#ss   gpstigF awjw
by the Vendor la so d©ing stall be chargeable t© th© Purahassr ©ad
stall be payable forthwith by the Purchaser t© the Vender, aad until J2*/3.S7. Y.o?
§ -
apfwa**©    ^Kwttta^wfcjgt    *#^P    »p*   ©pgg-v*# Ijp^—    ^ajp^iPa©    IIIiMMp    fptneeet    4»wRe©?arsW    eatsa    lp$#©ir    ^PttewWa    SSa^laeSlaPt^n*    anjp©ftp    %•!#
th© sans extent as th© purchase aoasys ©wing hereunder
bear interest until paid as hereinafter provided*
mm m m mvmrnu a®«i> that the tint it tn it
^w©   ^aepaaapnapepaw   w©.    wasaaas      '^^w^   wwwwwwsw si a*wirsii-aF ens©    ©*aspsp   gpaajH^n©nnntntaP'   ©iipswn as a$s*s
provided t© be aad© by the Purchaser are punctually nade at the
tine aad in th© manner herein pr©vld©d and the stipulations,
SMssaws> w^w a    ©r^n ^ww ©©wp   ^aeawe   sw^giM©vw^*www>an' apsw   area    *ps™*wp   jppwaai ©i   apr^a     *eew^tr   a ^eiia aesa<w*©©sw©t'    •uwwwp. as'©wm*
■ a©raaap©aw©a   wm© ^^   *satttsn^p    jp*tnat *a vpw wtjairw©   npaiias ^awt'^t   tii(et©t   assfi©   %rak wast*©-   ©nat   aiswipr
default shall happen in naleiag such paynents or ia the due perf©r-
naace and fulflXasat of any of such stipulations, covenants, pro-
w afriiaarap   awaas©   ©saps* "w^asattwp ssa v©' a    ©ps^swp    w "*- w^w^jr    gaaa'WWP    ©psaew    a saa* wea*aespwe©>     Pre?s©as* e'er
days* notic© ia anting deaandlng payaeat and/or rent if las ti on
of such other default* and in case any default shall continuei
'**'• H*> ^Pr ™»'»■«*'»       ^(T *r**W f* ,*p?'PP*^HF vnmi Wat IWBfWI        -UPPWPI       "H*^fl*?*pJ"!*iF MMW^jpi w W JSP.   ""■! ■*WJH. "w        pjpm^i**wipj*i^f       ▼»** W^ki^iu.u,    j|-
that© presents stall, at the expiration of such notic©, bs null sad
void and of no effect, aad the Vendor shall ham th© right to re-
en tor ' the said land in© areolae at aad
In such ©vent any aaount paid on account of the price thereof shall
far the gun ml ft 1 at M of this .vgmensat t© purchas© th© said land
aad pay th© price thereof, and ©a such dafault as aforesaid th©
¥ and or ©ball have th© right to sell sad convoy th© said land and
prealaes to ©ay purchaser thereof*
It is understood that th© remedies provided above am alternative remedies and that exercls© of on© such reaedy stall not prejudice th© right of the Vendor to exercise any other such reaedy
in respect of any subsequent failure, and the fact that the Vendor
shall not pymm4 to enforce any of such reaedies ia th© event of
a failure on the part of the Purchaser shall not bs
ation of, or prejudicial to the right of the Vendor to
to enforce any of such reaedies la the event of any subsequent
sinilar or othsr failure on the part of the Purchaser, and that the
this 'gmeneat provided or arising by Ofaration of law aad aay be
reaorted to la addition to or alternatively to aay such other reaedies cgt>/3.s7Mi?
m 9 ©
or rights*
' AH) If IS fflilB? SiCLAffiB that any deaand or notice which aay
be re^ulrad for the purposes of those pressnts, or any of than,
shall be ©all aad sufficiently given if delivered to to© Purchaser
or aailtd at aay Foot Office, under registered cover, addressed as
followst Messrs. «*A* Stewart aad r*3t* Stewart,
WW Ittal tttnat,.
s» B* C»
or at such other address as the Purchaser stall specify in writing
to the Vendor*
TS VSffDQa or its agent shall have the right at any tine aad
at all tines during ths t©ra of this Agreement to enter upon th©
th© wornini thereof*
la assignment of this Agraansat by th© Purohas©r shall bs valid
anlass the sane stall be for the ©ntire interest of Purchaser   and
^i^*w©'Pttsa**•»    wfwf    wearmfrww eww^r-^si    ^. evswi^spapP'© ** w awe*.    se©*svxs©ap*   sanee*1    «ep^*    'WNw '^ps©nbf™ieeawnswsa,r    ©aen waa ■
held) 'by the Vendor and no agmeaent or conditions or relation©
b©tw©aa the Purchaser and his assigns or aay other person acquiring
title or interest froa or through the furotamr ©hall preolode the
Vendor froa the right to convey the preaises to the said Purchaser
on th© payaeat of the unpaid portion of th© purchase aoney which
aay bs das hereunder, unless such assignment be approved and countersigned br th© Vendor as aforesaid and these conditions shall not In
any way be affected or charged by the Vendor receiving payaeat of
any portion of such purchase aoney froa aay assignee not approved
as aforesaid*
AID If IS mvmmu A4KBBD b©t*©«n the Parties hereto that all
grants, covenants, provisos and agmesants, rights, powers, privileges and liabilities contained In this 'gmeaent ©tall, except as
herein otherwise provided, be mad and held as aad© by aad with,
granted to aad iapossd upon the respective parties hereto and their
respective heirs, executors, adainistratort, successors and assigns*
ths saa© as if th© words heirs, executors, administrators, successors
and assigns tad b»m inscribed in all proper and necessary places| JX7*t»/
- m -
and wherever the singular or the saseuline pronoun is «*•«»
©aae shall be construed as canning tee plural or f ©alulae or th©
body politic or corporate whom the context or th© parties hereto
so require, and the covenants and apweaeats herein of the persons
referred to above as "Purchaser' shall be dawned to be several a©
wall as joint*        la the ©want of this Agmtncat being registered
and i in the event of default being aade In any payaeat or in respeot
of aay of the covenants herein contained, whether before or after
such registration, it is expressly agreed that the Vendor shall bs
at liberty to cancel, reaov© ©a
ducUon to th© Registrar of Lead titles of a satisfactory declaration that such default has occurred and is then continuing*
hm %m PUKCSaflKR hereby irrevocably appoints th© Vendor hit
trut and lawful attorney for and in the nans of the furttassr to
cancel, reaove and d©t©miae such registration in the event of
default as aforesaid*
III WXTIB88 mmm th© said Parties to these pressats ham
hereunto set their hands md seals the day- and year first above
•X4*», 31AIBP and ISLXVUKD
ta the presence oft    ,
Gjt*«>* Jyl^st^t^ 7(.^^u^^aai


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