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Rainbow Ranche Collection

Agreement between The Rainbow Ranche Limited and Melvan Masanori Kawano, January 20, 1948 Rainbow Ranche Jan 20, 1948

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KELOWNA, B. C. '■®7M
THIS AGREEMENT made in triplicate as of the 20th day of
January in the year of Our Lord One Thousand Nine Hundred and forty-
duly incorporated under th® laws of
th® 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,
LVAJT jmmWl •SftKAKQt rancher, of
Okanagan Centr® aforesaid,
(hereinafter called the "Purchaser"),
of the SECOND PART. 	
WHEREAS the Vendor has agreed to sell to the Purchaser and
the Purchaser has agreed to purchase of and from the Vendor the
lands 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 Fourteen (14) Map Four Thousand Two hundred and
thirteen (4213), being a subdivision of part of Sections Twenty (20)
and Twenty-one (21) Township Twenty (20), Osoyoos Division of Yale
or proposed right-of-way
District| subject to a right-of-way/In favour of West Canadian Hydrd-
ilectrie Corporation Ltd. as shown on Plan "A"755j TOGETHER with all
the privileges and appurtenances thereto belonging at or for the
frice or sum of Fifty-two Hundred ($5200.00) Dollars of lawful
money of Canada payable in the manner and on th® days and times
hereinafter mentioned, that Is to sayt-
m    (a) The sum of Three thousand ($3,000.00) Dollars on or before
the execution of this Agreement.
(b) The sum of $440.00 on the 21st day of January in each of
the years 1949, 1950, 1951. 1952 and 1953» together with interest at the rate of 6$ per annum on the balances from time
to time owing hereunder payable on th® 21st day of January In
aach year commencing January 21st, 1949| Provided that the
Purchaser shall be entitled from tim® to time and at any time
to prepay all or any part ©f th® balance then owing without
notic® or bonus*
NOW IT IS HEREBY AGREED by the Parties hereto in the manner
following, that is to say* Th® Purchaser DOTH PROMISE COVENANT
AND AGREE to and with the Vendor that h* will well and truiy pay
or caus® to be paid to th® Vendor the sum of money abov® mentioned |
together with th® Interest thereon at the rat® aforesaid both before
and after maturity and on the days and times and in th® manner here-
in mentioned, all sums in arrear for interest from tim® to tim®
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 assessmsnts wherewith the said land is now
or may be rated or charged from and after th® 1st day of January,
1948, whether already or hereafter assessed.
house of a fair valu® of at least $2,500.00 on the said land by not
later than th® 21st day of January, 1949, provided that domestic
water is available to th® south-east corner of the said land by
not later than , 1948.
THE Purchaser shall be permitted to occupy and enjoy the said
lands and premises until default be mad® 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 th® Purchaser will during the term of this agreement cultivate,
till fertilise and employ th® 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
British Columbia.   And will carefully protect and preserve all
orchard, 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, fertilise, crop,
prune, spray and car® for such land and trees in accordance with
the requirements of good farming operation of the district in which
th® said lands ar® situate and will conform to all requirements by
law with respect thereto, and will not allow any horses, cattl® or
sheep or any field pests to have access to such trees on the premises
and will not allow manure or fertilizer to be placed or lie against
th® buildings on th® 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 us® th® sam® 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 injur/
shall be don® to th® said lands or to any adjoining lands and If
any such injury is don® 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 or 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
after 1947 pay and produce to th® 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
3oing so th® Vendor may pay any of the sam® and in case such pay-
sent or payments shall be or are made by the Vendor the amount or
amounts so paid together with all costs and expenses incurred in «• © m
connection therewith as between Solicitor and client shall be
added to th® amount unpaid hereunder and shall bear interest at the
rate aforesaid from th® tim® of such payment and shall be payable
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 th®
said lands, or which may be hereafter erected thereon, In the sum
of their full insurable value with some insurance company not objected 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 assign, transfer and deliver over to the Vendor th® policy or
policies of insurance, receipt or receipts, thereto pertaining, and
if th® 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 th® amount unpaid hereunder and shall bear
interest at th® rat® aforesaid from th® time thereof and shall be
payabl® forthwith*
II CONSIDERATION WHEREOF, and on payment of th® 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 th® said piece or parcel
of land above described, together with the appurtenances thereto belonging or appertaining FRIED AND DISCHARGED FROM ALL ENCIBSBRANCES
save and except land and water taxes, tolls, rates and assessments
from and after th® 1st day of January, 1948, and the said right-of-
way, 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, and shall contain the usual statutory
covenants, but the Vendor shall not be required to furnish any
abstract of title or proof or evidence of titl®, or any deeds, papeW ^o/
Okanagan Centre, B.C.
CA^l^ju jf*^L^  ^C^Lf,yO    <rv^ ^jfL^u^t-x
of- ^*/ --^Aft^JH<Av XtAt^fly- >
The Rainbow Ranche Limited.
Managv - 5 -
or documents or copies of any deeds, papers or documents relating
to the said property other than those which are now in possession
of the Vendor, save and except the Certificate of Title which shall
be deposited in the Land Registry Office by the Vendor.
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 of any of the covenants and agreements
for the payment of money or otherwise in this Agreement contained
on the part of the Purchaser to b« performed or fulfilled, the
whole purchase money at the option of the Vendor shall without
notic® immediately become due and be payabl® in cash*
AND IT IS EXPRESSLY AGREED that should the Purchaser fail ia
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
the 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 to be made by the Purchaser are punctually made at the
tim® and in the manner herein provided and the stipulations, covenants, provisos and agreements on 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 du® performance and fulfilment of any of such stipulations, covenants, pro- * 6 -
visos and agreements, the Vendor may give the Purchaser thirty
days* 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 r®-«nt®r
upon and take possession of the said land and premises; and in such
event any amount paid on account of the price thereof shall be
j! retained by the Vendor as liquidated and ascertained damages for
th® non-fulfilment of this Agreement to purchase the said land and
pay th® prle® thereof, and on such default as aforesaid the Vendor
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 exercls® of on® such remedy shall not prejudice the right of the Vendor to exercise any other such remedy
in respect of any subsequent failure, and the fact that the Vendor
shall not proceed to enforce any of such remedies in the event of
© failure on th® part of th® Purchaser shall not be deemed condonation of, or prejudicial to the right of the Vendor to proceed
to enforce any of such remedies in the ®v®at of any subsequent
similar or other failure on th® part of the 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 sueh other
remedies or rights.
AND IT IS KESRBBY 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 Post Office, under registered cover, addressed as
Mr. M. M. Kawano,
or at sueh other address as the Purchaser shall specify in writing
to th® 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!
liunless the same shall be for the entire Interest of 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 ©r 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 th® purchase money which
may be due hereunder, unless such assignment be approved and count«r|-
signed 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 frost any assignee not approved
as aforesaid.
AND IT IS EXPRESSLY AGREED between the Parties hereto that all
grants, covenants, provisos and agreements, rights, powers, privileges aad 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
shall be construed as meaning the plural or feminine or the body
politic or corporate where the context or the parties hereto so require.    In the event of this Agreement being registered aad in
the event of default being made in any payment or in respect of any
Of the covenants herein contained, ?rhether before or after such registration, it is expressly agreed that the Vendor shall be at
liberty to cancel, remove and determine such registration or pro- . 8 -
ductioa to the Registrar of Land Titles of a satisfactory declaration
that sueh default has occurred aad Is then continuing.
AND THE PURCHASER hereby irrevocably appoints the Veador his
true aad lawful attorney for aad la the name of the Purchaser to
cancel, remove aad determine such registration ia the eveat of
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default as aforesaid.
IN WITNESS WHEREOF the said Parties to these presents have
hereunto set their haads aad seals the day aad year first above
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FORM Q.    (Section 59.)
For the Secretary (or other Officer) of a Corporation.
I HEEEBY CERTIFY that, on the 4i£. ot^J=^^
at , in the P£0¥.illC.8 of Bt?±tl3h...C.alW(LbiSL ,
 James. Goldie  [TJBpK®^^
 . jgOOOOj personally known to me,
appeared before me and acknowledged to me that he is the...Bi.S*#.©.fcQ_t of !Ell@..-Baillb-COT-
....?.?_5_Cn8_.IilJ^t8<_l I ? and that he is the person who subscribed his name to
the annexed instrument of the said lha.Railibaw BailOfa&..Limited
tod affixed the seal oAhJtaiAb£^ 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
Columbia. >
IN TESTIMONY whereof I have hereunto set mv hand and Seal of Office at
B©C©  ? this Z^. day of
of our Lord one thousand nine hundred
and  forty-ei^ht,
 A Commissioner for "taMng affIdavits within "^
 o 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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