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Rainbow Ranche Collection

Agreement between the Rainbow Ranche Limited and Gerald Francis Lipsett, Muriel Martha Lipsett, and Martha… Rainbow Ranche Apr 17, 1953

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Full Text

  2>-<mL iA+MjJi.
THIS AGREEMENT made in triplicate as of the 17th day of
April in the year of Our Lord One Thousand line Hundred and forty-
*?/**■ 3
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, *?*£
/fjuM^ M)£^^^y *£Widw Y^^^^'^
herald, .yRAHcig .wpgroit ^'^Pj^
and 10RIEL MARTHA UPSET?, his wife,       4^*-
both of Kelowna in the said Province,
as joint tenants and not as tenants in
(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
lands and hereditaments hereinafter mentioned, that is to says-
ALL AID 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 Ten (10) 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 tale
District, subject to a right-of-way or proposed right of way in
favour of West Canadian Hydro-Electric Corporation Ltd. as shown
on Plan "AM755» TOGEOTB with all the privileges and appurtenances
thereto belonging at or for the price or sum of Eight Thousand
($8,000.00) Dollars of lawful money of Canada payable in the manner
and on the days and times hereinafter mentioned, that is to say:-
(a) The sum of Three thousand ($3,000.00) Dollars on or befor4
the execution of this Agreement.
(b) The sum of $5,000.00 and interest as hereinafter provided,
by the payment to the Vendor or its order of one-third (V3rd) Jai3.CZ */.$9
m%  -
of the gross proceeds from the sale of the whole of the crop
of the different kinds and qualities which shall be grown on
the said lands in the/1948 and later years, until full payment of the said sum plus interest as aforesaid, such payments
to be applied first in payment of Interest and any other sum
then due hereunder, and secondly in reduction of the balance
of such price then owing$ such balance of $5,000.00 to be paid
in any event by not later than the 30th day of June 1953, ^ /
Together with Interest at the rate of six per cent (6$) y**>v*&jC
annum on the balances from time to time owing payable on the^f
17th day of April in eaeh and every year, commencing April
17th, 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 any 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 SERRBT AGREED by the Parties hereto in the manner
following, that is to sayi  The Purchaser DOTH PROMISE COVEHAHT
AMD 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,
1948, whether already or hereafter assessed provided that the Pur-
chaser shall be entitled at any time and from time to time to prepay
the balance then owing or any part thereof. - 3 *
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.
v -
fender a crop order or crop orders assigning to it one-third 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
If' -. ■ • ■•
all other orders charges or assignments, and the Purchaser will
execute and deliver such further assignments, ofders 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
such one-third share of the gross proceeds of the said crop as
aforesaid while any sums remain owing hereunder, and hereby irrevoe*
ably appoints the Vendor his agent and attorney to execute and
deliver on the Purchaser's 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 require to be paid in full prior to any payment to the Purchaser
in respect of his share ofthe proceeds, but that the Vendor shall receive on account of his crop order for such year not less than one-
third 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 «. 4 - ^
disposed of, or from whom any part of such proceeds shall become
IT IS FURTHER AGREED 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 the Vendor.
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 husbandmanlike and proper manner and will keep down all
noxious weeds as defined by the loxlous 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 des""
truetIon, and will carefully cultivate. Irrigate, fertilise, crop,
prune, spray and care for such land and trees In accordance with
the requirements of good farming operation of the district in which
the said lands an© situate and will conform to all requirements by
law with respect thereto, and will not allow any horses, cattle or
sheep qt 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.
TIE 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 irrigatind 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 or covenant as to the quantity or sufficiency of water ■ Jo/3'S7 f:$f
- 5 *
available for the said lands.
AHD 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 m@ty year
after 1947 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 so 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
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
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 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.
IK CONSIDERATION WHEREOF, and on payment of the said sum of
money with interest thereon as aforesaid, the Vendor DOTH COVEiAHT
PRQMXSf" AHD 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 ao/3,<y,¥.oy
. $  •
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, 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 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.
KOTfITHSTABDING 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 be performed or fulfilled, the
whole purchase money at the option of the Vendor shall without
notice immediately become due and be payable in cash.
AHD IT IS EXPRESSL! AGREED that should the Purchaser fail in
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 ■u -i. .......
• **- 9 m
bear Interest until paid as hereinafter provided.
A2ID 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
time 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 due performance and fulfilment of any of such stipulations, covenants, provisos 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 re-enter
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
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 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 exercise of one 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
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 such remedies in the event of any subsequent
similar or other failure on the 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 such other
remedies or rights*
—— * a -
AHD 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 Post Office, under registered cover, addressed as
Mr. k Mrs. Gerald F. Llpsett,
KELOrtfiA, B. C.
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*
Mo 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 be due hereunder, unless such assignment be approved and counter-
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 from any assignee not approved
as aforesaid.
AMD 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$ ao/3,S%^d$
and wherever the singular or the masculine pronoun is u$e4f the' same
shall fee construed as meaning tha plural or fesiijalne or the body
politic or corporate where tha context or the parties hereto so
require and the covenants and agreements herein of the parsons
referred to above m  ft Purchaser11 shall ha deemed to ha several as
well as joint♦    lit 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 $ whathar before or aftar
finch registration* it is expressly agreed that the Vendor shall be
at liberty to cancel* remove and determine such registration or pro*
diietion to the Registrar of I#and Titles of a satisfactory deelar**
atien that mieh default has occurred and is than eontinning*
ARD THE FUBGHASEH hereby irrevocably appoints tha fandor his
trua 'and lawful attorney for and in tha name of tha Purohasar t©
' eanaal, remove and determine sueh registration in tha event ©f
default as aforesaid*
II WITW'SB vmmof the aaid Parties to these presents have
hereunto sat their hands a$i& seals the day and year first above
In the pm$®nm  off
\ /


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