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Rainbow Ranche Collection

Agreement between The Rainbow Ranche Limited and Shoichi Hikichi, January 24, 1948 Rainbow Ranche Jan 24, 1948

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 DATED       24th    JANUARY    A.  D.   1948
- and  -
KELOWNA B.   C. Jo/3.syyo7 j^or fZ
THIS ASREEHEHT made in triplicate as of th© 24th day of
January in th© year of Oar Lord On© thousand Mine Hundred and
I, & company
sorporated under the laws of
the Province of British Columbia and
having its chief place of business
at Ofcanagan Centre In the said
(hereinafter called the «Vendor*),
of the FIKST PABT,
SHOICHI 1HKICHI. rancher, of Ofcanagan
(hereinafter called the "Purchaser*)»
WfHSREAS the Vendor has agreed to sell to the Purchaser
and the Purchaser has agreed to purchase of aad froa the Vendor the
lands and hereditaments hereinafter mentioned, that Is to say;-
ALL AUD &XXCKJLAB that certain parcel or tract of land and premises
situate, lying and being/the Vernon Assessment District in the
Province of British Columbia, and more particularly known and described as Lot Twelve (12), 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 Xale
District, subject to a right-of-way or proposed right-of-way in
favour of lest Canadian aydro-Elcetrle Corporation Ltd. as shown
on Plan *A"?55f  TOGETHER with all the privileges and appurtenances
thereto belonging at or for the price or sum of Mine thousand
($9,000.00) Dollars of lawful money of Canada payable In the manner
and on the days and times hereinafter mentioned, that is to sayt-
(a) The sum of Three thousand ($3,000.00) Dollars on or
before the execution of this Agreement.
(b) The sum of $6,000.00 and interest as hereinafter c£o'3.£7.4.*7
provided, by the payment to the Vendor or Its order of one-
half (§) of the gross proceeds from the sale of the whole of
the crop of the different kinds and qualities which shall be
grown on the said lands in the year 1948 and later years,
until full payment of the said sum plus Interest as aforesaid,
sueh payments to be applied first in payment of interest and
any other sum then due hereunder, and secondly in reduction of
the balance of sueh price then ewingf  such balance of
$6,000.00 to be paid in any event by not later than the 30th
day of June 195-1* Together with interest at the rate of five
and one-half (5jj0 p%r cent per annum on the balances from
time to time owing payable on the 24th day of January in each
and every year, commencing January 24th, 1949.
For the purposes of this Agreement "gross proceeds" shall
mean the gross proceeds received from the sale of the whole of
the crop as aforesaid (including, without limiting the generality of the foregoing, not only the proceeds of the sale but any
sums paid to the Purchaser with respect to aay part of such
crop damaged or not picked, or because of the deficiency of the
crop in one year, being the year 1948 or later, with relation
to other years), less packing, handling and selling costs, and
British Columbia Fruit Board or other similar levies.
HOW IT IS immt mmm by the Parties hereto ia the manner
following, that is to says The Purchaser DOTH PROMISE COVENAHT AKD
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 *3ot 3. £7. <¥•'0/
•3. •
be rated or charged from and after the 1st day of January, 1948,
whether already or hereafter assessed, provided that the Purchaser
shall be entitled at any time aad from time to time to prepay the
balance then owing or any part thereof.
tM Purchaser shall be permitted to occupy and enjoy the
said lands and premises until default be made in the proper perfor-
se and fulfilment of any covenant or agreement for the payment of
ty 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.
tm wmcm&m mmim covehahts aud agebes to give to the
Vendor a crop order or crop orders assigning to it one-half of the
gross proceeds as aforesaid from the sale of the whole of the crop
as aforesaid produced upon the said lands in the year 1948 and later
years and while any sum remains owing hereunder, directed to the
person, firm or corporation through or to whom or which the said
crop or any part thereof shall be marketed, sold or disposed of,
and to any other person, firm or corporation from whom any part of
the proceeds shall become payable to the Purchaser.   Such crop
orders shall be given at the beginning of each season in priority to
all other orders charges or assignments, and the Purchaser will
execute and deliver such further assignments, orders or assurances
as the Vendor may from time to time reasonably require in order to
give the Vendor a first lien or charge on all such proceeds to the
full intent hereof, and the Purchaser hereby assigns to the Vendor
sueh one-half share of the gross proceeds of the said crop as aforesaid while any sums remain owing hereunder, and hereby irrevocably
appoints the Vendor his agent and attorney to execute and deliver
on the Purchasers behalf and in his name all such crop orders. It
is agreed however that, notwithstanding the foregoing, the crop
order or orders in each year in favour of the Vendor shall not Ao/3,syy,t>y
require to be paid in full prior to any payment to the Purchaser in
respect of his share of the proceeds, but that the Vendor shall receive on account of his crop order for such year not less than one-
half of each payment on account of crop proceeds from time to time
paid or credited by the person, firm or corporation through or to
whom such crop or any part thereof shall have been marketed, sold or
disposed of, or from whem any part of sueh proceeds shall become
IT IS FOETUBE A0BOT5 that the packing, or handling and
marketing of the crops from the said lands during the currency hereof shall be done by or through the Vernon Fruit Union, whose head
office is at Vernon, British Columbia, unless otherwise agreed to by
TIB PTOCmSK. FOKTfEB COVfcHsWS AKD A(H«S with the Vendor
that the Purchaser will during the term of this agreement cultivate,
till, fertilise and employ the whole of the said lands and premises
in a good husbandmanlifce and proper manner and will keep down all
noxious weeds as defined by the Hoxious Weeds Act of the Province of
British Columbia.   And will carefully protect and preserve aU
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 care for sueh land and trees in accordance with
the requirements of good farming operation of the district In which
the said lands are situate and will conform to all requirements by
law with respect thereto, and will not allow any horses, cattle or
sheep or any field pests to have access to such trees on the premises
and will not allow manure or fertiliser to be placed or lie against
the buildings on the said premises.
tM Purchaser will repair, clean out and keep clean and in
a good state of repair all irrigation ditches and flumes and will do
ail irrigating work required, using the Irrigating water as a careful o2o/J,X7#^
husbandman would use the same la irrigating crops of like nature
planted ia like soil, such Irrigation to be carried oa at the Purchaser's own expease la the most approved manner so that no Injury
shall be done to the said lands or to aay adjoining lands and if
aay sueh Injury Is done then the Purchaser shall Indemnify aad save
harmless the Vendor of and from all claims aad damages arising
therefrom, but nothing herein contained shall be construed as a
warranty or coveaaat as to the quantity or sufficiency of water
available for the said lands.
A3® T» POBCHaSER FOUTHSR AGREES that he will prior to the
same becoming delinquent or ia arrears or to aay penalty or interest
belag added to the same for non-payment, ia each and w»ry year
after 194? pay and produce to the Vendor a receipt or receipts for
the payment of all land aad water taxes, tolls, rates aad assessments upon the said land for the current year aad la default of his
doing so the Vendor may pay aay of the same aad ia ease sueh payaeat
or payments shall be or are made by the Vendor the amount or amounts
so paid together with all costs aad expenses incurred ia connection
therewith as between Solicitor aad 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.
TIE PtJKC&aSER shall during the continuance of this Agreement aad so long as aay money remains unpaid hereunder, insure and
keep insured against loss or damage by fire all buildings now oa the
said lands, or which nay be hereafter erected thereon, in the sua of
their fall insurable value with some insurance company net objeeted
to by the Vendor, aad will pay all premiums aad sums of money necessary for such purpose as the same shall become due, and will assign}
transfer and deliver over to the Veador 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 <Jo?3.s7.v*7
premises, or any part thereof, the amount of such payments shall be
added to the amount unpaid hereunder aad shall bear interest at the
rate aforesaid from the time thereof and shall be payable forthwith*
of aoney with interest thereon as aforesaid, the Vendor DOTH COV-
EHAHT PROMISE A8D AOBBE to and with the Purchaser to convey aad
assure or cause to be conveyed and assured to the Purchaser by a
good and sufficient deed la fee simple, ALL THS the said piece or
parcel of land above described, together with the appurtenances
thereto belonging or appertaining FBEED AMD DISCHaBGED FEOM ALL M-
OJMBRAJfCBS save aad except land and water taxes, tolls, rates and
assessments from aad after the 1st day of January, 1948, aad the
said right-of-way, aad subject to the conditions aad reservations ia
the original great thereof from the Crown, aad such deed shall be
prepared at the expense of the Purchaser, and shall contain the usual
statutory covenants, but the Vendor shall act be required to furnish
aay abstract of title or proof or evidence of title, or any deeds,
papers 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.
lOfwlTBSTAlIDIIiG anything herein elsewhere contained aad ia
addition to aay other rights herein provided, it is agreed that ia
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 be performed or fulfilled, the whole purchase money at the option of the Vendor shall without aotlce immediately become due aad be payable in cash*
AMD IT IS EXPRESSLY AGREED that should the Purchaser fail
ia the proper performance or fulfilment of any of the covenants la
this Agreement contained on the part of the Purchaser to be performed «?©/3. S7, y.o^
or fulfilled, the Vendor may, at his option, eater upon the said
leads or elsewhere aad do, or have done, all such things as may be
proper or requisite to ensure aad effect the full and complete fulfllaeat aad performance of the said covenants and agreements, and
all reasonable costs aad expeases which shall be payable by the
Vendor In so doing shall be chargeable to the Purchaser aad 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 aoaeys owing hereunder and shall bear
interest until paid as hereinafter provided*
AJ© IT IS EXPRESSLX AGBEED 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
tiae aad la the manner herein provided and the stipulations, covenants, provisos and agreements oa 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 aay of such stipulations, covenants, provisos and
agreements, the Vendor may give the Purchaser thirty days* notice
in writing demanding payment and/or rectification of sueh other default, and in ease any default shall continue, these presorts shall,
at the expiration of such notice, be null and void aad of no effect,
and the Vendor shall have the right to re-enter upon and take possession of the said lead and premises} and ia such event aay amount
paid oa 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, aad
oa such default as aforesaid the Vendor shall have the right to sell
and convey the said land and premises to aay purchaser thereof.
It is understood that the remedies provided above are
alternative remedies aad that exercise of one sueh remedy shall not ^o/3.S7A/.o^
prejudice the right of the Vendor to exercise any other sueh remedy
ia respect of any subsequent failure, and the fact that the Vendor
shall net 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 of sueh remedies in the event of any subsequent similar
or other failure on the part of the Purchaser, and that the said
remedies are ia addition to any other remedies or rights ia 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
km  XT IS WSM3SX DECUBBD 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. Shoichi Hlklehl,
O&AIAGU CSimt   B. C.
or at such other address as the Purchaser shall specify in writing
to the Vendor.
THE VESDOft or its agent shall have the right at any time
aad 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.
So assignment of this Agreement by the Purchaser shall be
valid unless 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 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 ^o/3.syy.o7
be due hereunder, unless such assignment be approved and countersigned by the Vendor as aforesaid and these conditions shall net in
any way be affected or charged by the Vendor receiving payment of
any portion of sueh purchase money from any assignee not approved
as aforesaid.
AHD IT IS EXPBESSLX AGREED between the Parties hereto that
all greats, 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 aad 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 ia 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 feminine or the body
politic or corporate where the context or the parties hereto so
require.  Xn the event of this Agreement being registered and in
the event of default being made in any payment or in respect of aay
of the covenants herein contained, whether before or after sueh 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 sueh
default has occurred and is then continuing.
AHD THE PuHCHASEB hereby irrevocably appoints the Vendor
his true and lawful attorney for and in the name of the Purchaser to
cancel, remove and determine sueh registration in the event of default as aforesaid*
XV llfaESi %mmm the said parties to these presents have
hereunto set their hands and seals the day and year first above
Xa the presence oft
<3.1 £u_<*
FORM Q.    (Section 59.)
For the Secretary  (or other Officer)  of a Corpomtim^.
I-HEREBY CERTIFY that, on the .„.-. JT      -day o?I^^^
at K#io*ma     -  in the Provlnca   of Brltlsli^atiiuaibla..
 Jamas Goldle PmltmWn^^
 , JwmwWHBj personally known to me,
appeared before me and acknowledged to me that he is the..--BlrBC-tOr- ...of....Ttl@-B-alBbOW-
 Ranch©   Limited , and that he is the person who subscribed his name to
the annexed instrument as Director of the said ....IM--EainhaW...RaBahe.--l4l®lt0d
&nd affixed the seal of the   f ttft.Ifc^ 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 w^hereof I have hereunto set mv hand and Seal of Office at
    %9}J^J^%3m.G9l , this   a&a? day of
^jMl^Ul^^^^^P, in the year of our Lord one thousand nine hundred
and   ..FO^Ijy.^lgllte
A Commissioner for taking Af^
Note.—Wbere the person making the acknowledgment is personally known to the officer taking the same, strike out the words in


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