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Home My WebLink About02 095 sale of land omalley """ e e e e TIIE CORPORATION OF TIIE MUNICIPALITY OF KINC INE NO. 2002 - 95 BEING A BY-LAW TO AUTHORIZE THE SALE OF LAND ! I TO JOHN O'MALLEY ! I ! I WHEREAS John O'Malley wishes to purchase from th, Municipality of Kincardine lands described as Part of Lot 2, South Side qf Durham Street, Municipality of Kincardine, in the County of Bruce; I NOW THEREFORE the Council for The Corporation of t~e Municipality of Kincardine ENACTS as follows: I I 1. That the Mayor and C.A.O. be authorized to execute su h documents. on behalf of The Corporation of the Municipality of Kinca ¡ne, as may be deemed advisable to convey the lands described on Sch dule "A" attached hereto, to John O'Malley. 2. That the sale price for the said lands shall be forty-fiVe thousand dollars ($45,000.00). ! 3. That the sale of these lands shall be subject to the conditi ns outlined in the agreement of purchase of sale attached as schedule "A"; and. that fifty per cent (50%) of the net proceeds from this sale be credited to the Kincardine Economic Development Fund; and. fifty per cent (50%), 0 the net proceeds from this sale be credited to the Municipality of Kincardin Capital Reserve Fund. 4. That this by-law shall come into full force and effect upon it' final passage. 5. That this By-law may be cited as the "Part of Park Lot 2 (0' alley) Land Sale, By-law". READ a FIRST, SECOND, and a THIRD time and DEEME TO BE PASSED this 10111 day of July, 2002. " ,F "'Oatari. a..t B.taø ....i.U_ AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) œ REJMAX Lake Lands Realty Ltd. in Trust for John O'Malley . - - - - . - - - (Fuli legal names of all &,yen) .~;'RTY' . The Corporat.lon o~i~~:~~I~~~ of Kincardine. );ja;..... fronting on the South . ,ide of. in the . Municipality of Kincardine and "1ng a frontage of_ _ _ _ . _ _ ~~o.' _ _ _ _ . _ _ more or less by a depth of_ _ _ ~~~Ia~ _ _ _ _ _ _ more or less and legally described as . . . .¡. . . . Part of Park Lot 2,South Side of Durham Street, Municipality of Kincardine, County .of Bruce . . . . . . . . . . . . . beln" .54 acres . . . . . . . . (the "pI'operty"). (L.egoI description of land including easenwnts not described elsewhen) FORTY FIVE THOUSAND BUYER,. . , agrees to purchase from . the foflowing Durham Street PURCIWI PRICE, DEPOSIT, . Buyor .obmits l . upon acceptance . I (Herewith/Upon oa:eptanœ) . Dolla" (CDN$ . . 45,000.00. ONE THOUSAND . Dollo" (CDN$ 1,000.00 . cosh ornogofiable cheque payable 10. . . . . . . . . RE/MAX Lake Lands Realty' Ltd. .. ... . 10 be held in trust pendin¡¡ completion or ather tetminotion of this Agreement and to be crecta.d toward the Purd1ase Price on completion. Buyer agrees to pay the baLance as follows: The IIUy8r ag.... to pay the balance of the purchase price, subject to adjustments, In cash or by certified cheque, to the Seller on the com,,*,on of this transaction. This o!fer Is conditional. for the Buyer to satisfy himself on each of the followtng Items: a) that the Buyer may _In building pennlts for the conalnlctlon of a " R_ House" complex as described In the R-3 zoning by-law. b) that the exlsUng soil conditions are suitable for conatructJon of ..sldendal units. c) thanlls no evidence of land contamination or hazardous malarlals In or around the subject property. d) thatfuU municipal services can be Installed to the slta at a raaaonable cost. '-iCOIIdluons s.. Inserted for the benefit of the Buyer snd may be waived at his sole dlsc:nllJon, within the Uma period allowed. ififs offer Is further conditional upon the Seller being able to _In Municipal Council approval and paaaage of a bylaw to compels the sale of ths subject property. If aný þf the aforamsnUoned conditions a.. not fulftlled by the 60th day following accsptance of this offer by all parties, then this offer shall becon\e null and void and the Buyer's depœlt shaH be nrlumecl to him In full Without Inte..at or penalty. This condition Is Included for the benøll! of the Buyer and may be w_ by him at his _ opUon within the Ume period allowed. The Seller he..by ag.... to close this transaction at the nlqueat of the Buyer at a data earlier then the closing date contemplated beI_, upon the Buyer giving at _ lWENTY ONE (21) days written notice of his deal.. to move the closing date, and _ng out In such notice the ......... closing date nlqueatecl. SØlIDULE(S), . . . . . . -A.-. . . 1. OIATTELS INCLUDED.. , . . . . . . . . aIIoched hereto Iorm(.) port of thl. Agreement. None - - - - - - - - - - - - -- - . - - - - - - - - - - - - - -. - - - - - - - - -- - - - - - - - - -........ - - - - - - - - - -.- - - - - - - -. -. - - - - -. - -- 2. F~US EXa.UDED.. . . . . . . None - - - - - -. - - - -- - - - - -- - - - - - - -.. - - - - - - - - -. -- , - - - - - - -... - -. -. -- - - - - - -- - - - - - -- - - - - - - - - -...- 3. IINTAL ITIMSI The following equipment is rented and not included in the Purchase Price. The Buyer Qgrees to assume the rental controd(s), if assumable: . ,.. .. .. .. .. . .. , .. .. .. .. ". .. ..None .. .. .. .., ...................... .. '..-vOCASIUTY.Thi.OIfershollbeimwocableby.. .~l:. un61.6:OO.. p.m. on the. . 28th . .dayof... .Jl.!ne...... .2002,.. '... 0.... which time, if not aœepted, this Offer shall be null a~ void aJ the deposit sholl be returned to the Buyer in full without ¡me...., (year) . EON DATE: Thi. Ag'_ sholl be completed by no late, than 6:00 C.m.on the 30th. day of. . . , . SePtember. . . . .'. .2002 . . U completion,vacant possession of the property sholl be given to the Buyer un ess otherwìsé ¡:)rovtded for in this Agreement. (year) 6. ,'ICES; Vendor h8I"!IbY appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Only If the eo-operating !æ repreønls the InteresIII of the Buyer in this transactlo~ the Buyer hereby appoints the Co-operating Broker as Agent for the _purpose of '09 and reæivi~ notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writin~. This offer, any counter offer, notice of nee thereof, or any notice shedl be dMined given and received, when hand delivered to the address for service provided in the Acknowledgement betow, or a faaimite number is provided herein, when transmitted eledronicoUyto that facsimile number. F~No.. . . . . .5.1~96-9070. . . . . .IF'" delko..,. of ooIiaoo Io.....,FAX No. .519-39.6:6.744. . . . . . .""_01.......10..,..' 7. .. ø thi. tronIadion is 'ubied 10 Good. and Services Tax (G.S.T.), then .uch lox .hall be. . . . . . . ~~~~a.~~iti~~ to,. . . . . , . . the Purd1ase Pri,,". , \.............In/ln_anfo Ifthil transaction is not subjec:l to G.S.T., Seller agrees to certify on or before dosing, that the transaction is not subied to G.S.T. a. T!l'U SlARCH, B"Y"- .hall be allowed unlil 6:00 p.m. on the. . .1.6th . . day of. . . . . Se)tember. . . . . '. 2002. . (Requisition Dote) 10 flbm:Îne the title to the property at his own expense ond until the earlier of: Ii) thirty days from the loter of the Requisitl:'~ate or the date on which the condltioM in tni. Agreement are fulfilled or otherwise waived or; (ii) five days prior to comp&etionR to S;sfy himself that there are no outstanding work orders 0' dofici"''Y.Ln.r."'"' aIIodin¡¡ the _. that its rre- use l . . . . c., . . .. ·oJ'·'" .-3 . esldential. h.. .. .. .. . -. .. . .. I I1'ÎCI'f be lumvtl' continued and that - the- principa building may be insulliKJ ogoinst risk nre. ;)£tIler hereby consents to t e municipality or other govemmenta d~ releoaing to Buyer details of aU outstanding work orcters affecting the property, and SeHer agrees to execute and deliver such further outhorizotions a"'It regard a. SU\'8I' may reasonably requ.... 9. I'-USI, Selltr and Buytlr a~ that there is no representation or worranty of any kind that the future intended use of the property by Buyer ts . will b.lawful excopt a. may be sp8cificoIly pl'ovidod lor in thi. Aoreement. 10. , Provided that the title to the property is good and free from aß registered restrictions, dlarges, liens, and encumbrances except as otherwise speàficaUy provided in tt1!. ~,.ment and save and except for (0) any registered restrictions or covenants that run with the land providing thai such are complied with¡ (b) any registered rrtvnicìpal agreements and registered agreements with publicly regulated utitities providing such hove been complied with, orsecurity has been posted to ensure compliance ~ com~etian, as evidenoKl by Q letter from the relevant municipality or regulated utility; Ic) any minor easements for the supply of domestic utility or telephone MrvÎCI8I to the property or odiacent properties; and (d) any easements fOr drainage, storm or sanitary sewers, pub*ic utility lines, telephone lines, cable television lines or other ..,..,ices which do not materially affedthe present use of the property. tf within the specified times referred to in paragraph 8 any valid objection to title or to any outItcmdlng wol'k order or deficiency notice, or to the fad the said present use may not lawfully be continued, or ihat the principal building may not be insured atcHnst ritk of fire is mode in writing to SfMler and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except . against risk of fire in favour of the B~ and any mortgagee, (with 011 reloted costs at the expense of the Seller). and which Buver will nol waive, this ~reement notwithstanding any intermediate acts or negotiations in resped of such objections, shall be at an end and all monies paid shall be returned without ~ interest or deduction and SeHer, Listing Broker and Co.~n9 Broker shall not be liable for any costs or damages. Save as to any valid ob¡edion 50 made br such ~ and except for any ob¡ec:tion going to the root of the titl., Buyer shall be conclusively deemed to have accepted Sene.... title to the property. 11. Q.OIING AllANGIMINTlI Where each Of the S"ler and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the property, and where the transamon will be completed by electronic: registration pursuant to Parf III of the Land Registration Rèform Ad, R.S.O. 1990, Chapter L4, and any amendments thereto, the Seller and Buyer acknowledge and agree that the delivery of documents and the release thereof to the Seller and Buyer may, at the lawyers' cIscn.tion¡ (0) not occur contemporaneously with the registration of the trañsfer/deed (and other registerable documentation,) and (b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not reieose them except in accordance with the terms of a written agreement bøwaen th.lawye". !IlEA lrandard Fonn. Do not alter when printing or Nproduclng Iho standard pre-aot portion. .... _ ,., o"el RllLl!OIMSs..1 11/01 RelMax LoJœ Lands ReoIty Lid. DOcuMENTS AND DISCHARGE: Buyer shall not coil for the orocIudion of a~ title deed, abstract, survey or otner evidence of title to the property except such 01 are in th~. ~". or controt of Seller. If requested i?Y buyer¡ Seller will deliver any skøtc:h or survey of the property within Seller's control to Buyer as . soon as ~...and~ to the Reauisition Date. If a discharge 0 a~ Chat:98l~ held by a corporation incorporated pursuant to the Trust and Loan COmparus Ad jConaèla), Chartered 'Bank ,Trust Company, CrØdit Union, Caisse Populalre or Insurance Company and which IS not to be assumed by Buyer on ~, IS not available in registroDle form on com~n, Buyer agrees to acx:ept SeIer's ICIW)'4i!:r's personal undertaking to obtain, out of lne dosing .., a dischã~ in "'BistrobIe form and to register same on title within. in a reasonable period of time after complølion. P.RWided that on or before completion ~ shall ~cIe to __1IU)'I!r a mortgage $~~"'11 prepared tw the n~ It. 0 1 setting out the batance required to obtain the disc:har;e, together With a d' . <IIIISèuted by Seller ~ng fIC¥!Ion! to tho """'- 0/ 1M amount roqui.... to otiIain the disd1arge out of the bolance due on completIon. 13. s BuYer a~ having had tlie ~ opPØ!funily to i~ the property and underttands that upon ocx:eptance of this Offer shall be a binding ~reement õf purchase and sale between B~r and Seller. 14.. I IIANCII All buirdings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, _ " .hall hold all insuranœ polides, if anY, and the ~s thereof in trust far the parties 01 their interests may ap'pear and in the event of substantial damage, . a...,.,. mCIY. either terminate t!1is Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance ona œm~e the purchase. No insurance shall be transferred on completion. tf Seller is taking back a Charge/Mortgage, or B~ is assuming a Charge/Mortgage, BUwer ehall su~øfy Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on compelion. 15. MMNlNG ÄCf: This Agreement shall be effective to create an interest in the property oniy if SeDer comp'ies with the subdivision control provisions of the """"ing Ad by completion and Seller covenal'!!.S ta pn?ceed diligently at his ~nse to obtain any neamary consent by completion. 16. DOCUMENT NIPAItATION: The TransferfDeed shall, save far the land Transfer Tax Affidavit, be prepared in registrable fann at the expense of Seller, and arb' C~/MortgC198. to þe given bock by the Buyer to Seller at the ~se of the Buyer. If ~uestid by Buyer Seller covenants that the Tronsfer/Died to be delivered on completion sha11 contain the statements contemplaleCt by Section 50 (221 of the Planning Ad, R.S.O. 1990. 17. ¡DINer: BU)I8I' shaH be credited towards the Purdlose Price with the amount, if a~/ necessary for Buyer to pay to the Minister of National Revenue 10 . B~s liab~ity in ~ of tax ~ble by Sen... under the non-residency prcNiSlons of the Income Tax Ad- by reason of this sale. Buyer shall nol . _lUdi O'8dit if Seller deliVers on complelion the prescribed œrtificate or a statutory declaration that SeU.. is not then a non-resident of Canada. 18. UITMIN1'S1 ~ rents, mortgope interest, reottY _taxes indudil)g local improvement roles and unmetered public 0( private utility charges and unmetered cost I. as aøalicoble. shall be appõmõned ond allowed 10 the dav 0/ completion. tho day 01 completion itsoII to bit apportioned 10 B~. 19. Tïiü- tIMI'fSI Time shall in all ~ be of the essence hereof ~ that the time far doing or completing of any matter PrcNided for herein may be extended 0i!06ridaed by an as......... in writing .igned by Seller and Buyer 0< by their ...poc;;ve IOW)'Ø" who m,ay I>e spèäficallý outhorized in thai re(O!rd. 20. 'i1Nöii1:. ~ tender of docunwn 0( monlW' hereunder may be made u~n Seller or Buyer or their ~e ~ on the ØoY set for completion. Money rntIY_~ter'IdeñId bv bonk draft or ~ certiñed by a Chartenid Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. fAMILY LAW ACta Seller warrants II\at spousal consent is nol necessary 10 this transoction under the pl'O¥isions Of the Family Law Ad, R.S.O. 1990 unless Seller's _ has ......... tho con_ hereinaftOt fI'O'ided. 22. ""'I Seller ~ and worrants to ~ that durins¡ the time Sell.. has owned the properly, Seller has not caused any building on the property to be intUlcØd with insukdion containin;Q 1J~Idehyde, and that to the best of Sellen knoWIedQ.8 -no building on the property contains or has ever contained i~ that contains ureafonna~. This warranty shall survive and not mere! an the completion of this transaction, a"nd if the building is part of a muhiple unit buiIdina. this ~ shall only apptv to that par! of the building which is the sub¡ed of this transaction. 23. ClClNlUMft RDOII1Ik The ___ IS lie....,. _ _ a conou...., repert containing crecllt ancllar peraonallnlarmatlon may be _ 10 In Ewlththlatranoa_n. 24. I " is understood that the brokers involved in the tronsadion represent the parties as set oul in the Confirmation of Rer,resentalion below. 25., NT IN WRmNG: If there is confIid between any provision odded to this Agreement (induding any Schedu e attached hereto) and any provision i~di~andord J?l'G":sef portion hereof, the added prcwision shall supersede the standard p.....set ~ision to the extent of such conflid or disO"epc:mc:y. This Agreement j . any_SChedule attached hereto, shall constitute the entire Agreement between BUyer and Seller. There is no represenkltÏ9n, warranty, collateral agreement or aþIitioñ, which afføds: this AGreement other than os ~ herein. For the purposes of this Agreement, Seller means vendor and Buyer means purChaser. This ~ sholl be read with "II chanaes 0/ gender 0< number required by tho _. 26. ~ oa AND ASSIGNS: The I1eirs, executors, administrators, and assigns of the undersigned are bound by the tenns herein. i~~·... . '~~:""~N:~TNEsS . .Um<b1"::::aI:.... ~::: ..... .'. .2~.. r-) . ...... . . .. ... I. ~~TMt~:JobñãMaIaY ¡ DATf:. ~~l((1~, ¡WIlMa): 1_ - ~' the ndersigned Seller, agree to the above Offer. I hereby irrevocably instrud my towyer to pay directly to the Listing Broker the unpaid balance of the commisaion willi applicoble Goods and Services T... (and ally _ ..... a. may hereoltor be applicoble). from the prOceeds 01 tho sale prior 10 Oily payment 10 the . an completion. ised by the Listing Brobr 10 my fawtoer. DATED.... . . . . . . .. ... nca.rdlne...... .1.1Y" thi.. . . . . . . . . . . dayo/. . . . . . . ~~me . . . . . . .'. .2002. . SlGNEq. SEALED D' presence 0/: I~:""",,, I have hereunto set my hond :'1 seol, I""¡' ~i ...........:~~~~~~~~I~ i ::::~:~:~~{~oo~ The Undersigned Spouse of the Seller hereby consents to the disposition eYidenœd herein ~ursuant to the proYisions of the Family law Act, as.... with the Buyer thai he/.he will exocuto 011 necessary 0< inådentol documents 10 give lull force and offec:t 10 the sale 0YKIenced herein. . DATE ~i,"'" ················1;".;..;.'·························- ............... _....n_ o' IXEcun-. t"'_:II...ndi~ ~~ CO....E-:::--ry.1 c:onIi..this ""...mem w;tholl changes bath typed ond ~n_ ñnaIlY.~ by "partlasal.J.~~.ç;;.m. p. this.. ~1. .dayol. . . . . . . . ..1.ocn-. . . ~S'i:;;:; ~c..~. . . . ~ /'"' - ~0I'1u;9r) CONFI TION OF REPRESENTAnON ._~. _odc:nowledge and nn .. 81" r represents the interests of the I hereby acknowtedge and confirm thtl Co-operating Broker represents the interests : Seller a in this transaction. of the in this transaction .. .. . _ . .. .. '($ôlIê,IB";'¡" .. .. .. ..........o1lIotiñg - - -. - - - - -- Sig-nofurëcifCa ~ïra1illg Ihke'-or-~...;...:...:....l'" - - - - - - - -- ( 519¡) TØI."NÔ. :- 39 MAX.Lak~ I,.I!n.d!l.~I~ Ltd.. 1 519 I 396-9070 1:Ai:Ño.-- - - - - - - . . . . - - - - Nome of Co-openIIing Broker: . - - - - - - -... - - - -- - - - -.. - -- Name oftUllinø BroIcer: - - - - -- ( ) Tea.Ño: .. . . - - - - - -. ( . FAXÑo.u - - - -- . - - - - - -- ACKNOWLEDGEMENT "'- -- 1.....1 signe copy of this accepted A,gr.menl of Purchase ond Agent 10 rwon! a copy to my ~ _. ROaitYLid:llii......DATf. r9..1I6.'L.. DATf - - - - - - - - - - -- I ack~ receipt of my signed copy of this ocœpfed Agreement of Purd1ase and Sa~;:theAgW~lorwo a copy to my Iawyor. . . . .~... . . . . .DATf. .~"t-~[~ 15111. of the Mun IIy ....... .DATf ............ ¡w.;¡".".... . Addresafor $ervice:. . . . I'....i Address for Sirvice: - - - - - -. - - - - - -- -.. -. - - - - - - - - - - -- - - . ~ . . - . - - - . . . - - - - - - TeI.No.1. . . J. . . . . . Tel.No.1 J... . - - - -- -.. - - - - - - - - -.. - - - - - -- Sellersløwyer. . . . . . . . . . . . . . - - - - - -.... - - -- ø.......Law,er. . ..... . - - - - - - -.. -- - - - -- Add.... -. -. - - - - - -... - - - - - - -.. - - -- - - - -- -.... -. - - - - - - - - - -.. I. .I... .1 FAX No. - - - - - - -. _....- I... .1 TeI.No. . - - - - - -- .I... .! FAX No. . - - - - - - - - -.. -- USEONLV OO..··--'N TIU$T AØR!IMINI' To: Co-operoling Broker shown on the foregoing Agreement of Purchaee and Sale: In co~n for the Co.Operating Broker procuring Ihe foregoing Agreement of Putd1aae and Sale, I hereby dedare that all moneys received or receivable by me in connection with the- Tn:naction as '=Ontemploted in the MLS Rules and Regulatiorw of my Real Estate Board shall be receivable and held in trust. This agreement sholl constitute 0 Commission TruIIf .............. 0$ defined in the MLS Rules and shall be subjed to and QOWIrned b, the MLS Rules pertaining 10 Commission Trust. DATED as 0/ the date and lime 01 the occopton<o 01 the Iorogoi~ ""...ment 01 ~ and Sale. Acknowledged by: Õf . .' irõkèr 0; áulhorizad - .. - - - - -... -- ·-nÕluÃlÕfCo:a - . èn:iir.tofa~ - - - -. No --- .--,~ BUYER} SELLEtb. Sc~ectúl€. F\ Ontario Real Estate ASsociation CONFIRMATION OF CO-OPERATION AND REPRESENTATION I:B REALTO~ , , , , , , ,Jo~,! O',Ma,lle~ In Trust, , The, Corporation of the Munclpalit}t of KIncardine - - - -- .e~n$Odion on the Property known os:, ' , , . . Part of. Part Lot 2, south side of Durham ,Street, Town of, KIncardine , , . , , 1. me following information is confirmed by the undersigned Listing Broker, and Co~operoting Broker (if applicable). If a Co-operating Broker is involved in the trÞnsadion, the brokers agree to co-operate, in consideration of, and on the terms and conditions as set out below. 0) b) cl; '. I d1i o e) o o 181 The Listing Broker represents the interests of the Seller in this transaction and is providing customer service to the Buyer. DUAL AGENCY'r The listing Broker has entered into 0 Buyer Agency Agreement with the Buyer and represents the interests of the Seller and the Buyer, with their con",,', at 0 Dual Agent in negotIating the terms of this transaction. The listing Broker must be impartial and equally protect the interests of the Seller and the Buyer in this transaction. The listing Broker has a duty of full disclosure to both the Seller and the Buyer, including 0 requirement to disclose all fadual information about the property known to the Listing Broker. However. the Usting Broker .holl not disclosa: That the Seller mayor will accept I... than th.listed price, unless otherwise instruded in writing by the Seller; That the Buyer may or will pay mor'tI than the offered price, unless otherwise instruded in writing by the Buyer; Yhe motiyation ~ or pers~1 in(ormatiOQ about the Seller or Buvtr, unless othelWije instructec:l in writing by the party to which the information applies, or unless failure to dísdose would constitute traudulent, unlawtul or unethical pradlC8; The price the Buyer should offer or the the Seller should accept; And; the Listing Broker shall not disclose to the Buyer the terms of any other offer. However, it is understood that factual market information about comparable properties and informotion known to the Listing Broker concerning potential uses for the property will be disclosed to both Seller and Buyer to anist them to come to their own conclusions. o Th. Co-operating Broker is a Buyer Brokw representing the interests of the Buyer in this transaction. Th. Co-operating Broker waives any offer of sub-agenc:ywith the tisting Broker and/or Seller, and is providing customer service to the Seller. h is further understood and agreed that the Listing Broker will pay the Co-operating Broker o The commission as indicated in the MLS information for the property or, if not an MLS listing, o a commission of. . _ _ _ _ _ . _ _ _ _ . . . _ _ _ _ _ . _ _ _ _ _ plus applicable Goods and Services Tax, from the amount paid by the Seller to the Listing Broker, an any trade wherein the Co-operating Broker has obtained cn accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange and/or Lease. Said payment of commission will not mal(. the Co-operating Broker either the agent or sub-agent of the Seller or the Listing Broker. The Co-operating Broker is Q Buy.- Broker rep....enting the int.rests of the Buyer in this transaction. The Co-operating Broker waives any offer of sub-agency with the Unog Broke.- and/or Seller, and is providing customer service to the Seller. It is further understood and agreed that the Co-operating Broker will be receiving payment diredly from the buyer in this transaction The Co-operating Broker accepts the offer of IUb-ogency from the Seller and/or Listing broker and represents the interests of the Seller in this transaction while offering the Buyer customer service. h is further understood and agreed that the Listing Broker will pay the Co-operating Broker o The commission as indicated in the MLS information for the property or, if not an MLS listing, o a commission of. . . . _ _ _ . _ . . _ _ _ _ _ . . _ _ _ _ _ _ . plus applicable Goods and Services Tax, from the amount paid by the Seller to the listing Broker, on any trade wherein the Co-operating Broker has obtained on accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchonge and/or lease. 2. , , Ad4itional comments and/or disclosures by Listing Broker (See explanation on back of form): 1- l' .+O~~I ~o~~n~ ~n~;o; ~~~~r~ ~'~:o~~~ ~~e; (~e~ ~~I~n~i~~ ~nb~~ ~ ~~): 1 ¡ For the ~rposes of this Confirmation of Co-operation and Representation, a nSelle,.. i"dudes a vendor, a landlord, or a prospective vendor or landlord and Q "Buy.'" iroo" a purchaser, a tenant, or a prospective purchaser or tenant, CO~.~ TRUST AGReEMENT: If the above information indicotes that a co·operating Broker will receiYe commission other than directty from the BU)'8f', then tht agreement between 1"9 Broker and Co-9perati~ Broker further includes 0 Commission Trust Agreement, the conaideration for which is the Co.operoting .Broker procuring an offer for Q frtIde the. property, occepfable to tf1e Seller. This Commission Trust Agreement aholrbe subject to and ~ by the MLS rules and r.gulotiona pertaining to commission trusts of . Liìting Broker's local Nal estate board, if the local board.. ~ nAes and ~ulatìons 10 provide. Otherwise, the provisions of tFie ORfA recommended MLS rutSl ~nd re~ns shaff apply to tn. Commission Trust Agreemftnt. For the purpose of this COmmission Trust Apreement. the Commission Trust Amount shall be the Clmount noted In para ~ 1 e:) ore) abOve. The Listing Broker herebv òeda,.. that all monies fKeÎYed or receivable in connection with the trade shall constitute a Commission Trust and shall be held, in trvst, the CO-operating Broker under the terms of tM applitable MLS rules and reglJlations. - - -.. -... - - -. -..... RElMAX Lake Lands Realty' Ltd. iN~~" of lisiing Br~k~ri - - - - - . . . . - - - - . . . - - - - -.. iÑQ';'~ ~ c~..;pé..öti;,g èr~k~r)' , ¡ ¡Adcir~~oico~~rcrti~g'B;"¡'';') , isiQ~od ~n'hhQli Õf C';,';~";"i;,g Brdc~' (Si ISig . - - -... - -....... - - - - -'.. -- een ,St~t! KI.ncardi,n~ , Dote:, , ',",',"" ,Date:, (\ hu' \ <:i OL Listing Broker) 0- ..., .. - - - - -. -- ISi AClCNOWLE and understcmd the above i~'on. "',',",'" ,Date:, _ '" ~1J01- --ç"c,J-~~~", ,DOto:,~~~(~Oc::iZ ~igflalure of Seller) - -.. - - - -... Dote:, '" - - -.... Date:_ '" - - -.... (Sign;'l~r~ ;,¡ s.;1I~r)' -... - - -.... OUA *,ndard form. De nol alter when printing or reproducing the .-.lord pre-aet portion. aill~ .qus°1lO1 .1101 , j -".~ Fonn No. 132 01/01 Re/Max Loke Lðnds l/eoJly Ltd.