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Rainbow Ranche Collection

Agreement between The Rainbow Ranche Limited and Robert Evelyn Cooper Broadbent, January 9, 1948 Rainbow Ranche Jan 8, 1948

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 .D. I9h8.
KELOWNA  B.C. Ao/3.s:?A:o/^
THIS AGREEMENT made in triplicate as of the 8th day of
January, in the year of Our Lord One thousand nine hundred and
Xm M»P IWPI EMTED, a company
duly incorporated under the laws of
the Province of British Columbia and
having its chief place of business
at Okanagan Centre in the said
(hereinafter called the "Vendor"),
of the FIRST PART,
of Okanagan Centre aforesaid,
(hereinafter called the "Purchaser"),
WHEREAS the Vendor has agreed to sell to the Purchaser and
the Purchaser has agreed to purchase of and from the Vendor the lancjls
and hereditaments hereinafter mentioned, that is to sayt-
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Vernon Assessment District in the
Province of British Columbia, and more particularly known and
described as Lot Fifteen (15) Map Four thousand two hundred and
thirteen (*f213), being a subdivision of part of Sections Twenty (20;
and twenty-one (21) Township Twenty (20),0soyoos Division of Yale
Districtf TOGETHER with all the privileges and appurtenances
thereto belonging at or for the price or sum of Five Thousand Three
Hundred ($5*300.00) Dollars of lawful money of Canada payable in
the manner and on the days and times hereinafter mentioned, that
is to sayi-
(a) The sum of Two thousand ($2,000.00) Dollars on or before
the execution of this Agreement.
(b) The sum of $1,000.00 on the 1st day of November, 19**89
The sum of $1,000.00 on the 1st day of March, 1950, and the
sum of $1300.00 on the 1st day of November, 1950, together
with Interest at the rate of 5i# per annum on the balances
from time to time owing hereunder payable on the 8th days of
January and July in each year commencing July 8th, 19*+8; Jo/ #o7%\<4
Provided that the Purchaser shall be entitled from time to
time and at any time to prepay all or any part of the balance
then owing without notice or bonus.
NOW IT IS HEREBY AGREED by the Parties hereto in the manner
following, that is to sayi The Purchaser DOTH PROMISE COVENANT
AND AGREE to and with the Vendor that he will well and truly pay or
cause to be paid to the Vendor the sum of money above mentioned
together with the Interest thereon at the rate aforesaid both before
and after maturity and on the days and times and in the manner herein mentioned, all sums in arrear for interest from time to time
shall bear Interest at the rate aforesaid from due date until payment} and also shall, and will pay and discharge all land and water
taxes, tolls, rates and assessments wherewith the said land is now
or may be rated or charged from and after the 1st day of January,
19**8, whether already or hereafter assessed.
THE Purchaser shall be permitted to occupy and enjoy the said
lands and premises until default be made in the proper performance
and fulfilment of any covenant or agreement for the payment of
money or otherwise herein contained and on the part of the Purchaser
to be performed or fulfilled, subject nevertheless to impeachment
for voluntary or permissive waste.
that the Purchaser will during the term of this agreement cultivate,
till fertilize and employ the whole of the said lands and premises
in a good husbandmanlike and proper manner and will keep down all
noxious weeds as defined by the Noxious Weeds Act of the Province of
itlsh Columbia.   And will carefully protect and preserve all
rchard, fruit, shade and ornamental trees which are now or may
hereafter be planted on the said lands from waste, injury or destruction, and will carefully cultivate, irrigate, fertilize, crop,
.rune, spray and care for such land and trees in accordance with
'die requirements of good farming operation of the district in which
the said lands are situate and will conform to all requirements by
aw with respect thereto, and will not allow any horses, cattle or 3°>3.S7.Vo7Ait -
- 3 -
sheep or any field pests to have access to such trees on the premises
and will not allow manure ©r fertilizer to be placed or lie against
the buildings on the said premises*
THE Purchaser will repair, clean out and keep clean and in a
good state of repair all irrigation ditches and flumes and will do
all irrigating work required, using the irrigating water as a careful husbandman would use the same in irrigating crops of like nature
planted in like soil, such irrigation to be carried on at the Purchaser's own expense in the most approved manner so that no injury
shall be done to the said lands or to any adjoining lands and if
any such injury is done then the Purchaser shall indemnify and save
harmless the Vendor of and from all claims and damages arising therefrom, but nothing herein contained shall be construed as a warranty
er covenant as to the quantity or sufficiency of water available
for the said lands.
AND THE PURCHASER FURTHER AGREES that he will prior to the
same becoming delinquent or in arrears or to any penalty or interest
being added to the same for non-payment, in each and every year
ifter 19**7 pay and produce to the Vendor a receipt or receipts for
the payment of all land and water taxes, tolls, rates and assessments,
upon the said land for the current year and In default of his doing
iso the Vendor may pay any of the same and in case such payment or
payments shall be or are made by the Vendor the amount or amounts
so paid together with all costs and expenses incurred in connection
therewith as between Solicitor and client shall be added to the
amount unpaid hereunder and shall bear interest at the rate aforesaid from the time of such payment and shall be payable forthwith.
THE PURCHASER shall during the continuance of this Agreement
and so long as any money remains unpaid hereunder, insure and keep
insured against loss or damage by fire all buildings now on the
aid lands, or which may be hereafter erected thereon, in the sum
their full insurable value with some insurance company not ©b-
ected to by the Vendor, and will pay all premiums and sums of money
necessary for such purpose as the same shall become due, and will *Zo/3.S7. V.&?mu>
_. ^ _»
assign, transfer and deliver over to the Vendor the policy or policies of insurance, receipt or receipts, thereto pertaining, and
if the Vendor shall pay all premiums or sums of money for insurance
of the said premises, or any part thereof, the amount of such payments shall be added to the amount unpaid hereunder and shall bear
interest at the rate aforesaid from the time thereof and shall be
payable forthwith,
IN CONSIDERATION WHEREOF, and on payment of the said sum of
money with interest thereon as aforesaid, the Vendor DOTH COVENANT
PROMISE AND AGREE to and with the Purchaser to convey and assure
or cause to be conveyed and assured to the Purchaser by a good and
sufficient deed in fee simple, ALL THAT the said piece or parcel
of land above described, together with the appurtenances thereto be*
save and except land and water taxes, tolls, rates and assessments
from and after the 1st day of January, 19**©% and subject to the conditions and reservations in the original grant thereof from the
Crown, and such deed shall be prepared at the expense of the Purchaser, ana shall eontain th© usual statutory covenants, but the
Vendor shall not be required to furnish any abstract of title or
proof or evidence of title, or any deeds, papers or documents or
copies ©f any deeds, papers ©r documents relating to the said property other than those which are now in p©ssession of the Vendor,
save and except the Certificate of Title which shall be deposited
|tn the Land Registry Office by the Vender.
NOTWITHSTANDING anything herein elsewhere contained and in
addition to any other rights herein provided, it is agreed that in
the event of default being made by the Purchaser in the proper
performance or fulfilment ©f any of the covenants and agreements
or the payment of money or otherwise in this Agreement contained
the part ©f the Purchaser to be performed or fulfilled, the
ole purchase money at the option of th© Vendor shall without
otlce immediately become due and be payable in cash.
AND IT IS EXPRESSLY AGREED that should the Purchaser fall In *2o/3.S? y oy?l(c
- 5-
the proper performance or fulfilment of any of the covenants in
this Agreement contained on the part of the Purchaser to be performed or fulfilled, the Vendor may, at his option, enter upon the
said lands or elsewhere and do, or have done, all such things as
may be proper or requisite to ensure and effect the full and complete fulfilment and performance of the said covenants and agreements, and all reasonable costs and expenses which shall be payable
by the Vendor in so doing shall be chargeable to the Purchaser and
shall be payable forthwith by the Purchaser to the Vendor, and until
paid shall be a charge upon the said lands in the same manner and to
idie same extent as the purchase moneys owing hereunder and shall
bear interest until paid as hereinafter provided.
AND IT IS EXPRESSLY AGREED that the time is to be considered
the essence of this Agreement.   Unless the payments herein provided
t© be made by the Purchaser are punctually made at the time and In
the manner herein provided and the stipulations, covenants, provisos and agreements ©n the part of the Purchaser herein contained
are duly performed and fulfilled, and as often as any default shall
happen in making such payments or in the due performance and fulfilment of any of such stipulations, covenants, provisos and agreements, the Vendor may give the Purchaser thirty days1 notice in
writing demanding payment and/or rectification of such other default,
and in case any default shall continue, these presents shall, at
the expiration of such notice, be null and void and of no effect,
and the Vendor shall have the right to re-enter upon and take possession of the said land and premises; and In sueh event any amount
paid on account of the price thereof shall be retained by the Vendor
as liquidated and ascertained damages for the non-fulfilment of this
Agreement to purchase the said land and pay the price thereof, and
on such default as aforesaid the Vender shall have the right to
sell and convey the said land and premises to any purchaser thereof.
It is understood that the remedies provided above are alternative remedies and that exercise of one sueh remedy shall not prejudice
the right of the Vender t© exercise any other such remedy in respect
of any subsequent failure, and the fact that the Vendor shall not ^o/3,s-Zr.Q7.\u>
- 6 -
proceed to enforce any of such remedies in the event of a failure
on the part of the Purchaser shall not be deemed condonation of, or
prejudicial to the right of the Vendor to proceed to enforce any
©f such remedies in the event of any subsequent similar or other
failure on the part of th© Purchaser, and that the said remedies are
in addition to any other remedies or rights in this agreement provided or arising by operation of law and may be resorted to in
addition to or alternatively to any such other remedies or rights.
AND IT IS HEREBY DECLARED that any demand or notice which may
be required for the purposes of these presents, or any of them,
shall be well and sufficiently given if delivered to the Purchaser
or mailed at any Pest Office, under registered cover, addressed as
Mr. R.E.C. Broadbent,
or at such other address as the Purchaser shall specify in writing
to the Vendor.
THE VENDOR or its agent shall have the right at any time and
at all times during the term of this Agreement to enter upon the
said lands and premises for the purpose of inspecting the same or
the working thereof.
No assignment of this Agreement by the Purchaser shall be valid
unless the same shall be for the entire interest ©f Purchaser
and shall be approved (which approval shall not be unreasonably withheld) by the Vendor and no agreement or conditions or relations
between the Purchaser and his assigns or any other person acquiring
title or interest from or through the Purchaser shall preclude the
Vendor from the right to convey the premises to the said Purchaser
on the payment of the unpaid portion of the purchase money which
may be due hereunder, unless such assignment be approved and countersigned by the Vendor as aforesaid and these conditions shall not in
any way be affected or charged by the Vendor receiving payment of
any portion of such purchase money from aay assignee not approved
as aforesaid. £oJ3.s7.V.<>Z it*
- 7 •
AND IT IS EXPRESSLY AGREED between the Parties hereto that all
grants, covenants, provisos and agreements, rights, powers, privileges and liabilities contained in this Agreement shall, except as
herein otherwise provided, be read and held as made by and with,
granted to and imposed upon the respective parties hereto and their
respective heirs, executors, administrators, successors and assigns
the same as if the words heirs, executors, administrators, successors
and assigns had been inscribed in all proper and necessary places;
and wherever the singular or the masculine pronoun is used, the same
shall be construed as meaning the plural or feminin© or the body
politic or corporate where the context or the parties hereto so require. In the event of this Agreement being registered and In
the event of default being made in any payment or in respect of any
of the covenants herein contained, whether before or after such registration, it is expressly agreed that the Vendor shall be at liberty
to cancel, remove and determine such registration or production to
the Registrar of Land Titles of a satisfactory declaration that such
default has occurred and ia then continuing.
AND THE PURCHASER hereby irrevocably appoints the Vendor his
true and lawful attorney for and in the name of the Purchaser to ca4
eel, remove and determine such registration in the event of default
as aforesaid.
IN WITNESS WHEREOF the said Parties to these presents have
hereunto set their hands and seals the day and year first above
In the presence of.
\2&t^ AjaA*Jrj&o~ //Jwv«*Aa.^ 'AAfijC
A™A&^ <Ja6/3> &2 V<o?Ak>
FORM Q.    (Section 59.)
For the Secretary  (or other Officer)  of a Corporation.
I HEREBY CERTIFY that, on the   .....(^^. day of JllXy , 19.J$
at Kelowna , in the $*m$Xtm of British ..Columbia ,
 James Goldia EmgQOi30GO3^^
 .: , who is] personally known to me,
appeared before me and acknowledged to me that he is BK..A...dir.ftC.t.Or of...T.he...BainbOW..Ranche
 killlted , and that he is the person who subscribed his name to
the annexed instrument as Mr.@C.t.Qr of the said The._Ra_J^
&nd affixed the seal of the COMpa^- to the said instrument, that he was
first duly authorized to subscribe his name as aforesaid, and affix the said seal to the said instrument,
and that such Corporation is legally entitled to hold and dispose of land in the Province of British
IN TESTIMONY whereof I have hereunto set my hand and Seal of Office at
 Kelowna rBerG* , this   JBOJE z^-w^day of
 JP&ly - j in the year of our Lord one thousand nine hundred
and forty weight.
 A Commissioner for taking affidavits within British Columbia©	
Note.—Where the person making the acknowledgment is personally known to the officer taking the same, strike out the words in


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