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HomeMy WebLinkAbout06 149 Agree Can Tire Land Sale · · · · ""'1"",°':-"";"· THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 - 149 BEING A BY-LAW TO ACCEPT AN OFFER TO PURCHASE AND TO AUTHORIZE THE SALE OF LAND TO CANADIAN TIRE REAL ESTATE LIMITED {Part 3 of Part of Lot 1 Concession 1, South of Durham Road (former Township of Kincardine) Municipality of Kincardine, County of Bruce) WHEREAS Section 268 of the Municipal Act, 2001, 5.0. 2001, c. 25, as amended, provides for procedures for the sale of lands declared surplus by municipalities; AND WHEREAS the Municipality of Kincardine, on September 17, 2003 passed By-law No. 2003-133, being a By-law to establish procedures regarding the sale of real property; AND WHEREAS the Municipality of Kincardine, on April 21, 1999 declared as surplus to its needs those lands described as Part 3 of Part of Lot 1 Concession 1 South of Durham Road (former Township of Kincardine), in the Municipality of Kincardine in the County of Bruce; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine deems it advisable to dispose of the aforementioned lands; AND WHEREAS Canadian Tire Real Estate Limited wishes to purchase the said lands: NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Mayor and C.A.O. be authorized and directed to execute such documents, on behalf of The Corporation of the Municipality of Kincardine, as they may deem advisable to convey the lands described as Part 3 of Part of Lot 1 Concession 1, South of Durham Road (former Township of Kincardine), Municipality of Kincardine in the County of Bruce, to Canadian Tire Real Estate Limited, being approximately 1.5 acres, to be adjusted on closing based on the plan of survey. 2. That this transaction is subject to the conditions set out in the Offer to Purchase attached hereto as Schedule "A" to this By-law. 3. The unit price for the said lands shall be eighty-seven thousand, five hundred dollars ($87,500.00) per acre, which based on 1.5 acres shall be one hundred and thirty-one thousand, two hundred and fifty dollars ($131,250.00), with sale price to be confirmed on closing based on the plan of survey. .. ./2 Page 2 Canadian Tire Real Estate Limited Land Sale By-law By-Law No. 2006 - 149 · 4. That this by-law shall come into full force and effect upon its final passage. 5. This By-law may be cited as the "Canadian Tire Real Estate Limited Lands Sale By-law". READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 9th day of August, 2006. iJL-1t- ~. Mayor - Q~~~ erk · · · '.' :~.,':~;:77, ~'ç~ ."',,\~i'f;:~~'~f':!',,~.,ç,.p'~':f' '." 08/08/2008 14:18 FAX 418 480 3980 C.T.R.E.L. .~._- . ~. .......----. - " AUG-OI-20D8 10:18 F~JCJPALJTY OF KINCARDINE +611-38'-IZ" , . '''-~ U-.::;I"c.. ~ -'fh.... C :rp or"~'-- ~ :1v 1 ~ _IA" . ~ REAL ESTATE LIMITED (the "Purchaser") hereby offers to purchase fromr,.¡~~unlcipality of Kincardine (the "Vendor') Cêrtain vacant lands sItUated in the Municipality of Kincardine, In the Province of Ontario, containing a total of 1.5 acres more or leas (said lands being referred to as the ·PropeJtt). The Property is described on Schedule "A". The Property is identified as.,k6t #3 on SChedule "S", Fh (""t /Âð 1 '5" ~<2.-... *"'h 2. ~ ~~- Subject to paragraph 3. the purchase price of the PfClperty shall be ON 'iJ. HUNDRED AND THIRTY ONE THOUSAND TWO HUNDRED AND F'fFrY DOLLARS I'tý ($131,250.00) (the "purd1ase Price") payable as follows: the sum of SIX THOUSAND FIVE HUNDRED AND SIXTY-TWO DOLLARS AND 50/00 ($6,662.50) by certtftecI cheque to the Vendor, as 8 deposit, Is paid with this Offer, to be held by the V~Dr In 1rust pending completion or other termination of this agreement and to be credited on account of the Purchase Pñc:e on cJoalng, and the Puroh.ser shaU pay the balance of the Purchase Price by certified cheque on closing, subject to the adjustments refarred to in paragraph 11. ra¡003/012 T-tSB P.OD2/DI8 F-414 ~. ~ - .., ,;.. In the event the purchase is not completed by the Purohaser by reason of the non-fulfilment of the conditions a8 hereinafter contained or by reason of the default of the Vendor, the Deposit shan be returned to the Purchaser without deduction. 3. SU D S OF C The Vendor shall. at its expense, cause an Ontario Land Surveyor to prepare a survey of the Property In the nature of a reference plan pñor to Closing. The surveyor shall alIa certify as to the total number of acres and fractions thereof conect to three (3) decimal places contained in the Property, and the total Purchase Price shall be an amount equal to the number of acres and frsøtlons thereof of the Property, as certified by the surveyor, mulUplled by S87.500.00. The Vendor will. at fts expense. arrange for thta registration of said reference plan in the appropriate land registry oftIce prior to closing. . : 4. .ACÇEPT WgE This offer sheU be Irrevoçable by the Purchaser until 5:00 p.m. on the 31 lit day of August, 2006, after which time if not accepted by the Vendor thIs offer shElII be null and void end the deposit returned to the Purchaser without interest or deduttion of any kInd. 5. .I!I:!& Provided 'the title Is good and free from all encumbrances. save for the encumbrances listed on Schedule "c" (the ·pennitted Encumbrances" pmvided that said Pennltted Encumbrances are in good standing. The PUrchaser to be allowed until the Conditional Time, as referred to in paragraph 6, to investigate the title at Its own expense and if wittlin that time: It $hall furnish the Vendor in writing with any valid objection to the tìtJe. Including non- compliance with the terms and conditions of any Permitted Encumbrances, which the Vendor shall be -unable to remove or which the Purchaser will not waive. this offer shall, notwithstanding any Intermedløte acts or negotiations, be null and void and the deposit returned to the Purchaser without deduction of any kind. Save as to any valid objectiOn 80 made WIthin such time and save for matters going to the root of title and ~atters arising after the Purchaser's examination of title, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. &. C so CL IN ~:Á'~ The Purchaser's obligation to complete the purchasl J . .., ,.. . upon the following matters: 2~ ~ ~~~oDQ M~~ Clm . . 08/08/2008 14:19 FAX 41B 480 3890 C. T.R.E.L. "'004/012 T-26& P.OD3ID13 F-4T4 AUG-Og.zooa 10:11 FROM-MUMICIPALITY OF KINCARDINE t511-39&-12BB . . the Purchaser being satisfied that the omcial plan and zoning by-law appJicable to the Property w1n pennit the Purchaser to construct and operate on the Property and adjacent lands owned by the purchasc::r an expansion of its existing Canadian Tire Associate Retail Store, Including a relocation of its garden centre, together with a Mark'~ .Work Wearhouse and an automobile rentalagenoy (the "Purchaser's Facality"); the Purchaser being satisfied. in its sole discretion. with the environmental and geotechnical condition of the Property and. for such purpose. on the acceptance of this offer, the Purchlser shall be pennltted to enter on the Property at its sole expense and risk for the purpose of making suoh soil. environmental, geotechnical and other tests as may be required. including an environmental audit. provided thet the Purchaser shell to the extent reasonably practicable repair any damage to the Property caused by such testing: and that the purchase provided for herein hIS received the approval of the Real estate Committee of the Purchaser. In the event that the Purchaser has not notified the Vendor In writing that the above condition. have been futftUed. satisfied or waived by 6 p.m. on the ninetieth (go") day after the date of acceptance of this Offer (the ·Conditional Time-). this Offer shall be null and void and the DèpOslt shall be retUrned to the Purchaser without deduction. ,- ... (I) (ill) 2 (n) The foregoing conditions are for the benefit of the Purahaser and the fulfilment of anyone or more of them may be waIVed In whole or In part by the Purchaser at any time or times. 1. ~ The Agreement of Purchase and Sale II to be .ffectIw only .. the subdivision control pmvisions of the Plenning Act of Ontario relating to eeveranc:e and sUbdivision Of lend are complied with. .. 8. ~~SENTAl1DNSAtmyvðØRAtffiES The Vendor represents and warrants to the Purchaser that. as of the date of acceptance of this Offer end at Closing. and the Vendor further acknowledges and agrees that It is a condition of the Putchaser's obligation to complete the pUrchase contemplated herein that the following representations and warranties will be true and correct at Closing: (i) there are no actions, suits or proceedings pending or threatened with respect to the Propeny; (ii) it has not received any notice of and is not aware of any exproprlaUon or proposed upropriatlon of the Proþerty or any part thereof: . (iii) there exist no agreements, covenants or Instruments that in any way prevent or prohibit the Vendor from entering into this Agreement or complying with any of its tenns or conditions; (Iv) no municipal. provincial or other competent authority has made any order or other provision reapecting the use or occupation of any part of the Property. other than as contained in the municipal by- lews of general applloatlon. and the Vef'ldor he$ received no notice from any suoh authority directing any alteration" repa(r. Improvement or other work to be done or performed to or In respect; of the Property or any part thereof; -ý/ +518-118-8288 ~005/012 T-2&6 P.004l013 P-474 08/08/2008 14:18 FAX 418 480 3880 AUG-OI-Z;OB 10117 FRdHIIICIPALITY OF KINCARDINE C. T.R.E.L. ..... 3 (v) this Agreement has been duly authorized. validly exeouted and delivered by the Vendor¡ ~ (vi) IheIe are no Ioc:allmpnwement chalges or speç al ~agalnst If /. the Property nor has the Vendor received any notice of a~ progosed Iocsllmprovement charges Dr speci~evie~!¡.~~ c..t ~ ... ~ ~ <.. "'-l ~~ Co ("'. ..s. c:.. '--'~"'to ta - .:;~\:- q.,s ..:S C--...Êi :r c...I'W"-' ~ .. .3 P _4..OS C. ~. .:. ..s '..\-(VllrIool'ÍII mumClpal ~'-7'rà~tIè"Jr88li'rm àsie'ismehts wit~ respect to 1 the Property are paid In full or Win be adjusted as provided In this ."." agreement and there ani no pending appeals or other proceedIngs In existence with respect to such taxes, rates, levies and assessments; and " (vii) the Property Is not lubJ.ct to any restrictions. conditions or restrictive covenants, save for the Pennitted Encumbrances. 9. ~ The Vendor covenants to deliver to the Purchaser \/Vithin five (5) days after acceptance, for the Purchaser's examinaUon, inspection, copy and review. all of the following documents, records and reports which are in its possession relating to the Property: (a) copies of any surveys, plans. specifications and drawings, including servidng plans, relating to or in respect of the Property; (b) copies of third party reports. correspondence or other records relating to the Property including, wtIhout limitation, any planning or zoning reports, any occupancy permits, environmental tests, audits or reports; (c) copies of any engineering reports relaUng to the Property. 10. (b) The Vendor consents to the Purchaser making applications, at the Purchaser's sole expense, for all requisite clearances, searches and enquiries to any governmental authority, body, agency or department having jurisdiction In respect of the Property, and the Vendor shall proVIde, at the request of the Purchaser, 8uch reasonable written authorizations as may be required for such purpose. ' 11. I NTS . The Purchale Price WIll be adjusted by apportioning as between the Purchaser and the Vendor as of the Closing Date all adjustm.ms which are customarily made in transactions similar to this transaction inctudlng, without limiting the generality of the foregoing. all real property taxes (or grants in lieu thereof), local improvement rates, utilities, all to the end that .If costs relating to the Property for Or in respect of periods up to but not tndudrng the Closing Date will be to or for the account of the Vendor. The Vendor will pl'8pant a draft statement of adjustments and submit same to the Purohaser at lout five (5) business days before the Closing Date. The Vendor and Purchaser agree to readjust the adJustrnenta made on Closing, if necessary, once more accurate figures are available .8 soon as reasonably convenient. but no later than twelve (12) months after Closing. 12. CLOSING D!~ <-> On the Closing, the Vendor shall deliver to th. Purchaser the following. all of which, save as expressly proVided herein. shall be prep¡tr8d at the Vendor's expense and .he" be subject to the prior approval of the Purchaser, acting reasonably: -¡/ "J' C. T.R.E.L. iii 006/012 T-28. P.001/00Z F-411 . . 08/08/2008 14:20 FAX 416 480 3880 .&1...1.-828. F~ICIPALITY OF klNCARÞIME AUG-Og-ZOOS 11;.. (vi) (Vii) 4 (I) a registerable Transfer of the Property whioh shaD include the &tiItements of the Vendor Bnd Vendor's soßcilor referred to in Seatton 50(22) of the Plennlng Act, Ontarto; the St6tan1ent of Adjustments: a staMOry declaration of 1m officer of the Vendor that the Vendor I. not a non-resident of Canada \\4thin the meaning of the Income Tax Ad. (Canada); such other assurances and documents as the Purà'la8er may reasonably require of the Vendor in a timely fashion prior to Closing to be delivered at Closing, for more perfectly and absolutely assigning, transferring and vesting In the Purnhaser title to 111. Property fre. end clair gf any mortgage, lien, charge or . encumbrance: (Ii) (III) (iv) (v) a certified copy of a Bylaw passed bV the municipal œuncil of the . Vendor IppRJ'Jing the sale of the Property to the Purcheaer, on the terms of this Agreement, and the execution of this Agreement and of aU documents required to compjete the sale of the Property; a certificate of en officer of the Vendor confirming that all representations and warranties of the Vendor contained in paragrøph a of this agreement are true and correct as of the Closing Date: and an Undertaking fmm the Vendor to r&fIdjust Items on the Statement of Adjustments or InadVertently omrtted therefrom. If necessary. fojlowlng and WIthin twelve (12) months after ClosIng; (b) On the Closing, the Purchaser shaD deliver to the Vendor the folloWIng (and III prepared at the Purchaser's 8)Cpense); (i) .(Ii) 8 certified cheque or bank draft in an amount equal to the adjusted balance of the Purd1ase Pl1ce; and an Undertaking from the Purchaser to re-adjust items on the statement Of Adjustments or inadVlll't8ntly omitted therefrom, If necessary, followfng and within twelVe (12) month. after Closing. 13. CLOSING The purchase herein shell be completed thirty (SO) daye ..,.. the conditionç contained In paragraph 6 have been sstisfietd or waived (the IClœingll gr "Closing Date'. . VENDOR AGR&I!MENTS The Vendor covenants end agrees with the Purd'lB88f BS follows: (I) Upon the extension of Millenium Way IIdJaaent to the east . y1 \J I ~ boundary of the Property being opened Wi.. "UNit: t:,'I--_" tb /V7 J 111 J.._" .... the Purchaser wll be allowed. It its request. a driveway . aoceea for Ingress and egress by vehleles between the Property and the Mid extension of Millenium Way. Said drIVeWay access will be constructed at the sole cost of the Purchaser. (If) On the request of the Purehaser, the Vendor will CQoOperale to allow the Purchaser to move fiR from the Property to other fands owned by the Vendor In the ~cinity of the Pltlperty I lc-. (II" ~c,. p_ rc,...\...... e.~ II: r d.s r <. e:.' ~ ~ l~loA..t.. \.~ .s ~~ ( : -. ~ 1': ~ c...J..~ ...-\ .... -+ \- c- eo .....=."" ~ "+"'-- .5 \~ -p l p ..." ~ '" 0 r è. c: (" ( ...., T'" 10...- ~ ..... r ~ ~ c:... ~è. CL ~.s.. c.--...c.lø l~ _ _ ( c> '$ oS Q.. c.. Co. Co ~~ .b c.~ ........ c. C'- ~ ""- p r:ðpC. r.J.y ,,-- L-t ~ 'I/¡/ 14. ~~ ~ ,,". ~007/012 08/08/200& 14:20 FAX 418 480 3980 C.T.R.E.L. . ~ ItA 316 B2BB T·Z81 P.DOZl002 F·4TT AUG-DI-100& 11 :48 FJØHUUCIPALITY OF KINCARDINE .. .- .. p ('epe.r~' .\- Ct ~ ~ .su-'¡\- C~..k..~ c....~ 0 ~\. ~ l\ ~ .sod- ø r-- c. ') ), \.....,.....~ L.s c:... ....,. c-r- -'^"'~ t:;:J ~ ".Ò". b '1 ~ \-.... P v ,. ~ l,.... ~ ~ ~ r 1 Cl..J"""- ~ ~ ~ e::. ~ \ to..:) e -\ ~ e.r-.- ...:S \..-A. \ \ ..s...., r "t,., ..~ ~ ~. e-l....s, ~ err ¢ V\. l~ -\- r~ (" c..--'.. __ ~ 15. E1iJ1REAGBEEIIEta /"v- ~ è.\2' It Is agreed thid there are no representations. warranties. collateral "i? agreements or conditions affecting thie Offer to Purchase or the Property except as 1h '/ expressed herein. "11 16. TEfiþl!R Any tender of documents or money may be made upon either party or their solicitors and money may be tendered by cash or certified cheque. . 17. NOTICE Any notice required to be given pursuant to this Offer to Pl:Jrchllse shall be sufficiently given if served or delivered personally or sent by'faœlmile tnlnsmJsslon. and in the case of the Purchaser addressed to It at: Canadian Tire Real Estate Limited P. O. Box 770. StIItion-K" 2180 Yong. Street. 15th Floor TOlQnto, Ontario M4P 2V8 Attention: The PrMld_m Facsimile: (416)48~3990 and in the esse of the Vendor to It at: The Municipality of Kincardine Municipal Administration Centre 1475 concession 5, R.R. #5 Kincardine. Ontario N2Z 2X6 Atblntion: Chlêf &1rolnlstratlvø OffIcer Facsimile: (519) 396-8288 Any such notice shall be conclusively deemed to have been given on the date of delive~ or the date of transmission. If such day is a business day and if delivered or transmítted before 6 p.m. on said day and. otherwise. shall be deemed to have been _ gjven on the next business day after the date of deUvery or the date of facsimile transmission. as the œee may be. . EIther party may at any Ume giVe notice in wrttIng to the other of any change of addl'8l8 of the partY giving such notfce, and from and after the gMng of such notice the address herein specified shaJJ be deemed to be the address of such party for the gMog of notices herein. The word -notice- in this paragraph shall be deemed to include request, lta1ement and other writing In this Offer provided or permitted to be glv8n by the Vendor to ttw Purchaser or by the Purchaser tc the Vendor. 18. INCOME TAX ACT On closing the purchase herein the Vendor shElI1 deliver to the Purchaser. (a) eVidence satisfactory to the Purchaser establishing the Vendor as a resldènt in Canada for the purposes of the Income Tax Ad. (Canada); or (b) a certJftcate of the Minister of National Røvenue 'eeued to the Vendor and Purchaser pursuant 10 Section 118(2) of the Income Tax Artt. (Cøneda). / . ~~':~~~'.. AUG-OI-ZOOØ 10111 FROM-IIICIPALITY OF KINCARDINE +51..31&-8288 Ii.! 008/012 T-ZGS P.OOT/t13 F-.474 08/08/2008 14:21 FAX 418 480 3880 C. LR.E.L. . , . 6 II'" . .. 19. ~ The Vendor covenants and agrees with the Purchaser that the Vendor shall be responsible for and shall pay any real estate agenrs commission payable with respect to this tl'llnsøctlon. 20. Closing. VACANT pq~S$IOJi The Vendor covenants to deliver vacant possession of the Property on 21. It.MJ1gF 'II::œ I;SS~Nq Time in all respects shall be of the essence hereof. 22. ~IGNE The Pu aser may usign this agreement upon written notice" to the Vendor, but the Purchaser shall remain liable hereunder. This agreement shall not otherwise be assignable by lither party. 23. N9N-BUSIlESe DAY In the event that any date established by or In accordance with this agreement or any date of tennination for a period of time set forth or referred to in this agreement shall fall upon a non-business day or a Saturday, then &uch date Shall be deemed to be the next following business day which 18 not a Saturday. 24. C ON 1$ agreement and any amendments, counter offers. waivers or other notices relating to this Bement mty be made or given by the exeDtJtion of a facsimile copy of same and/or by ¡mile transmission of same. 25. SERVICE he urchaser agrees an confirms that II will be at the time of Closing a registrant under Part IX of the ExCiSe Tax Act (Canada) ("GST Leglslatlon-) and that it will p-rovide the Vendor with its registration number p'rlor to Closing. The Venöor and the Purchaser acknowledge that the purchase by the Purchaser of the Property is govemed by the provisions of Sections 221 (2)(b) and 228(4)(8) of !he GST Leglslatlon. Accordingly, the Vendor has no obligation to collect GST and the Purchaser shall self- aness ttì. GST owing in respect of the transaction contemplated by this agreement. 28. BlNQING ~FFeCT The agreement constituted by this Offer and its acceptance shall enure to the benefit of and be binding upon the parties hereto and therr respectIVe successors and pennitted assigns. 27. ME E E No supplement. amendment or modification of this agreement shall be binding unless executed in writing by the parties hereto in the same manner as the execution of this agreement. / 08/08/2006 14:21 FAX 416 480 3880 C. T.R.E.L. AUIi-Od-200& JOIZD PIIIHIJIICIPALITY OF ICIItCARDINE +511-181-8288 1dI009/012 T-211 P.008lO13 F-4T4 .. 7 ... .. .. DATED at Toronto. Ontario. this _ day of June, 2008. ~~ESTATEUllrœo Per: ~ Name: 11Oe: Per: -eJ.-<J"C"..,.", Name: Title: lIWe have authority to bind the Corporation The undersigned hereby accepts the above offer and its tenns. covenants and conditions and agrees to and with the above named Purchaser to duly cany out same or¡ the terms and condlllons above mentioned. ,3"à.fl- ~ DATED at Kincardine. Ontario, this 10th day of AURust -'-h..c- C "''''po'''~-\(- e( nil MUNICIPALITY OF KINCARDINE 2006. >L~ ~'^" ..:. ~ .- ~oç.. , < ~.~_'¡'''''J''''''''';.. $- .",- .......-~!~----- ~ ~:"::--:~ "'. ''S-- '::. ~ ~ ~ _ _/.... C 'v' ~ ~ = .J-¡ : ::::. ":::::.... ' ~::;;,,: ...., :~...... ~ ,. ,/- - -~ - ~"'" \ (J ~~'~ "-. .:;:; \-': Per. ---~~ ~ ~~~. ',;.~_ ~<,"-,~'Y N --..........,....... :::..- .. ame: John deRosenroll -::;..- J.I':'~..,. '.:.C2~ ,,/ Title: Chief Administrative Officer ~j.u..'''/ Per: ~ ~ - Name: Glenn Sutton Title: Mayor IlWe have authority to bil1d the Municipality / ,~'.~' .. AUG·08~tDD& 10:21 FraHIIl C I PAL I TY OF K I NCARÞlNE +518"386-8288 IlJ 010/012 T-Z88 p.aDB/au F-.t74 08/09/2008 14:22 FAX 418 480 3880 C.T.R.E.L. . . . . . ~ ..' Part of Lot 1, Concession 1, SDR. Municipality of Kincardine, COunty of Bruce. ~ 08/08/2008 14:22 FAX 418 480 3890 C.T.R.E.L. . . AU;-OQ-2008 10:21 FROYHYUNICIPALITY OF KINCAlDINE +&18-386-8288 SCBlDULI: ":all 1dI011/012 T·266 '.0101011 P-414 B C1II1) ........ "".,. ~M ..... PART 1 - Ii ; 1Gt__ 2.8 Acres. " ~ ; i ~ ~ Q.. 0 I .......", ... . - 1;3 I' fi "" Ñ d. I NJ;: -_ ~ BWS I·: .~ J5» I if PART 2 MJ: ... 2.2 Acres. I . CUB ..I Þ å ól z: %1 ~¡ I [~À z ~~ I 3 - \. ). PART 3 ..... jftDDIP - , .. .. - '.5 Acres. -_I it ....... 0HII0,IIt ~£ ,.,...", .... 1 ur ~ . CUlm ~ 1.011' :r I r- r øi I '- r.. ....E " :1 ~u ~< 2 a LCf'I .. .~ c:i I . ì . .... -.... ... ..~... - l-'· ,.'\- I MFr. ... '...... .. .. " '--,'" - aim 1 < r - _, I ø MJ) .. \...Y" OJ-. en I -~~ ~ .. _\_) e \_1 z .1 I :i2 ... , ~ II ::rà~ .. . .. ~ }}:/// I 1ft ... - òt ~ JIZ.18' toe \ ;". HIGHWAY DURHAM NO. ROAD) 9 ..... .~ 08/08/2008 14:22 FAX 418 480 3880 +518-196-1281 Aua-Ot-ZODG ID:ZZ .. .. .. .. C.T.R.E.L. ~ 012/012 T~26B P.D11/013 ~74 PROtHUICIPALITt 0' ICIIlCARDINE ICtt~UlE"cn PermlttertJEnqum~ 1. Instrument No. 947148 being an Agreement made as of the 14" day of January, 2000 between 1330204 Ontirlo Inc. and the Corporatton of the MuniCipality of Kincardine. 2. Instrument No. 0346510 registered OctoÞer25. 1999 being an agreement between Canadian Tire Real Estate Umlted and the Corporation Of the Township of KincardinelBruceJilVerton. ý ~