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Home My WebLink AboutKIN 96 084 Bru Ave. Ld Acquisit THE CORPORATION OF THE TOWN OF KINCARDINE e BY-LAW BY-LAW NO. 1996-84 e A BY-LAW TO AUTHORIZE THE PURCHASE OF A SMALL PORTION OF LAND FOR ROAD PURPOSES. WHEREAS the Corporation of the Town of Kincardine passed By-Law No. 1996-44 on May 16, 1996, authorizing the closure and sale of part of the Bruce Avenue road allowance to abutting neighbours; AND WHEREAS in traffic at the Avenue, a small Barstead is to be order to ensure an adequate sight-line for intersection of penetangore Rowand Bruce portion of the property owned by Leonard acquired by the Town of Kincardine; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to sign, behalf of The Corporation of the Town of Kincardine, documents required for the Town to purchase Part of 35, West Side of penetangore Row, Town Plot penetangore, and more particularly described as Part Registered Plan 3R-6509. on any Lot of 4 of e 2 . The price shall be $838.50. of $1. 50 the lands described in clause per square foot, for a total (1) above cost of 3. This its by-law shall come into full force and effect final passage. upon 4. This by-law may be cited as the "Bruce Ave. Land Aquisition By-Law". READ a FIRST and SECOND time this 7th day of November, 1996. READ a THIRD time and FINALLY PASSED this 21st day of November, 1996 . e~ Mayor trtl: & DURHAM CO. iNC._Form No. t157 . (Peg. 1 012) OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE ..... ~.............. .,LI¡;()N~l!.p. }.H.C?!'I:\:?. .E!'I~~.'~f. .~.~.~~T.~.AP'.............................................. (""purch...r··) I h.,lng In.pected Ih. prop.rly. hereby egree to .nd with. :~h~. .ç.O.:çP'~ r:? ~.i.<?~.. ~ t...~ lï~.. ';I; <?1:1.n. . ~:f:. .~i.n.~ 1O!r:çJ,~.t1.~............... ... . _. . ...... .... .. ,",... ............,............ ..,..,................,..........,.......,....................... ("Vendor"), ................ through...,..,.... ,1).9................. '..................,..... '.'"................... _." ._,. .... ... '.... ....,... .Agent lor Vendor ("Agent") to purchase aU and singular the premises situate on the... ..1:l.9.:r;..~tL.... .slde 01.,..,..,.. ~:r:~~.~. .~X~~~~. ........ ... ... ....: ... .:..... .... in Ih...,................... .';I;9.~~.. .................... ............. .01..... ... .\<.t~~~!!:-.ç1J.t1.~..... ... ................ .... ............ known as . . , , , , , . , . . , . . . . . . . . , . . . , . . . . . , . : ' . . . , , . , . . . . . . . . . . . . . . . , . , . . , . . . , . . , . , . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . (herein called the "Property") havIng Irontage of.eþo\lt ..~~e.: .~.~~~~,I:t.~ ~ ~.~.~,<:h~.~.., ..moce or .Ie~s. bý a~ept~or.pbout ..~,.. .....~. ;.... .._...... ......... .....more or less, being. . . . . R !l.rt;. . ~ J:. . . . . . . . . . . : . . .1fJ~~o:. 3.5....1.. .W~.~~Q¿¡i~~~1( 2~,~R~~t;~'?:::~. . ~.~~.'. .!'?:~.I'i.~t. . O.~. .Pe!:~.t~!:~.~r.': , Registered In the Land Reglslry Orrlce.,.............,..... ,..,..,.;......,........".. ,.................... ..........,..,...... ....... ............. at Iho price or sum ("'Purchase Price") of ""~.~.t:;,, ~~}.~~.~~ ~~.<?~. ..~~ ~. .?':l.~., ~~~.?~. ,..:...."...". ,..Dollars ($ ....... ....."....) ----------ONE HUNDRED------------------------- IOO.OO fl.! follows:,..,...,..,...."."..,...........,..,..,..,. ...............,......,... ..,.... ........ ........ ......... ,.Dollars ($ '" ..... ..., .....,.) MùQ*,~QIì~}thøque 10 the said JtjMl:tIVendor on this date os 8. deposll to be held II) trust pending complo11on or other lørmlnal10n 01 this Agree.¡nent. and to be pr,.d110dd on nccount 01 purchnso Price on closing. Bnd covenanl. promise and agree 10 pay the balance in cash or bY cert~!J.e ch1lte on closing subject to us~al adjustments.. . The purchase price shall be based on the following formula: Purchase Price = $1.50 x Area of Parcel being purchased where' the unit of measurement of the area is square feet, and the area shall be determined according. to a. Reference Plan. of survey to be prepared at the expense of the Purchaser. This Agreement is conditional upon the Council for the Town.of Kincardine passing the required by-laws with respect to the sale of the within lands, failing which the within Offer shall become null void and the Purchaserd~ deposit shall be returned forthwith, without interest or deduction. This offer is further conditional upon the' Town of Kincardine passing a by-law to close, stop up and selL the Property.prior .to the date of completion of this. transaction, failing Which this Agreement shall bécome null and void and th~ ~urchasers'deposit sh~ll be returned to them in_full without interest or deduction. The Purchasers agree to pay all legal and survey costs and all other' reasonable costs incurred by the Ve~dor in connection with this transaction including without limitacion the costs of advertising the road closing and sale by-laws aSllfquired by The Municipal Act. Th~urchasers agree to accept .title to the Property subject to any easement for the supply of utility services which may be granted by the Vendor in favour of the Kincardine Public Utilities Commission. .. ~- The Purchase Price does nOllnc1u,de Goods and ServIces Tax !"G.S.T.") end, 11 this Iransaçllon Is subject to G.S.T,. then eppllcable G.$,T. shall be In adðlllon to tho Pur- . ell"... Price. All a,S.T, $/11111 be collecfod And remlUed 8S requ red by law. ff this transaclh:m Is sublect 10 G.S.T. but Ihe Vendor Is not required to collect or rernlt G'S'~' . the PurçÞaser agrees to provide on or before closing to the Vendor or Vendor's SolIcitor a. written certUicate In ß form reasonably sB1Isfaclory 10 the Vendor or Vendor . . Sollcl\or 10 the ellee' that the Vendor Is "01 roqulred 10 collect or lemU the a.S.T. and shall provide the Vendor with the Purchasør's O.S.T. regIstratIon number. If applicable, famog which Ihe applicable G.~.T. shRII be paid 10 Ihe Vendor on closing. It thIs Iransactlon Is nol subject 10 G.S.T.. tho Vendor agreos 10 provide on or belote clo~lng to ,.... Purchesor or Purchp'-1or 5 Sollcllor a wrlllen cerllllcD.te 111 D. form rons.onably &D.l!slQ.cIQry to 1he Purchuser or Purchasor's Sollcilor cOr1i1yln~ Ihat the lrnnsncllon Is . not sub!ncl10 G_S,T. . . . OFF~R TO PURCHASEIAGREEMEt JT OF PURCHASE & SALE , .AMENDED DEC, 1993 "' DYE 80 DURHAM CO. INC.-Form No. 157 (page 2012) All lixturQS shall remain with Ihe Property, except- N/A .Lnd the following chattels. the property of the Vendor, shall be Included In this sale for the price above-mentloned ::'W'._'~~_~""59.'_~ ""d .... . .... . '.. ~/~_ time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without interesl or deduction. PROVIDED the title is good and free from all encumbrances, except as aforesaid, and except local rates and minor easements lor hydro, gas, telephone or like services to the Property; said titTe to be examined by the Purchaser al his or her own expense, and the Purchaser not to call lor the production of any title deed, abstract 01 title, survey, proof or evidence of lille, other than those i~, Vendor's possession or under his or her control; and provided the same have been cOl"'lplied with, the Purchaser,lo accept the Property sul:>ject to Municipal requiremems, including building and zoning by-laws, minor easemel1ls as aoove-mentioned, and to restrictions and covenants that run with the land. until closing The Purchaser to be allowed ,/................ .'}I~tQiI6ð{JflKditKH~~fI(i§{QffJi to investigate the tiUe at his or her own expense, and if within that time he or she shall furnish the Vendor in writing with any valid ob¡eclion to the title, or '0 any outstanding Municipal work orders or deficiency notices affecting Ihe Property, or non-compliance with zoning by-laws, or thai the DreSen! use of the property may not be lawfully continued, or that the buildings on the Property may nol be insured againsl risk of fire, which the Vendor shall be unable or unwilling to remove or correct, and which lhe Purchaser will not waive, this Agreement shall, notwIthstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction, and the Vendor and the Agent shall not be liable for any cost$ or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. The Vendor hereby consents to the municipality releasing to the Purchaser details of all outstanding Municipal work orders or deficiency notices affecting the Property. 19th June .day 01. This Agreement shall be completed on Of belore the. Property is to be given to the Purchaser unless otherwise provided for herein. . . . . . . .19 . .~ q,n which date vacanl possession of the Until completion of sale all buildings Bnd equipment on the Property shall be and remain at the risk of the Vendor until closing and the Vendor will hold all policies 01 insurance effected on the Property and the proceed!'> thereof In trusl for the parties hereto, as their Interests may appea.r. In the event 01 dama.ge to the said buildings and equipment before the completion of this transaction, the Purchaser shall have the right to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupon .e Purchaser shall be entitled to the return, without interest or deduction, of all moneys theretofore paid on account of this purchase. ~nearned fire Insurance premiums, luel, taxes, interest, rentals and all local improvemenls and water rales to be proportioned and allowed to the date of completion of sale. Transfer/Deed to be prepared at Ihe expense of the Vendor in a fOlm acceptable to the Purchaser's Solicitor, and if a Charge/Mortgage is to be given back, same to be prepared al the expense 01 the Purchaser on a lorm acceptable to the Vendor's Solicitor. The Transler/Deed to be given to the Purchaser shall contain a stalement completed by the Vendor and the Vendor's Solicitor pursuant to Section 50 (22) of the Planning Act. This Agreement shall be effective 10 create an interF,lst in the real property only if the applicable land division provisions of lhe Planning Act are complied with, and the Vendor agrees, at his or her expense, to comply with such pmvisions and 10 proceed diligently with the application for such compliance. The Vendor, on or before completion, will produce evidence thai he or s¡'e is not now, and upon completion will nol be, a "non-resident person" within the meaning and for the Ðurposes of Section 116 of the Income Tax Act of Canada or if he or she is a "non-resldent person" will lully comply with the provisions 01 Section 11601 the said Act prior to completion. The Affidavit of Residence and of Value of the Consideration required under the Land Transfer Tax Act shall be prepared by the Purchaser. II the Spouse 01 the Vendor has not executed Ihis Agreemenl. the Vendor represents and warrants that the completion of this transaction will not contravene the provisions of the F=amily Law Act. . This Ofter, when accepted by the Vendor. shall constitute. binding contract of purchase and sale, snd time In all respects shall be of the essence of this Agreement, It is agreed tha~ there is no reÐresentation, warranty, collateral agreement or condition affecting Ihis Agreement or the Property or supported hereby other than as expressed herein in writing. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or upon the Solicitor acting for the party on whom tender is desired, and It shall be sufficient that a negotiable certified cheque be lendered instead of cash. Each party to pay the casls 01 registration and taxes on his or her own documents. .hiS Offer and its acceptance to be read with all changes of gender or number required by the con:exl. DATED at . r<in.c.ar<i:il1e. .....Ihi.. .../,{&~.....d.YOI ...;;:2æ"~C4d:7' .'9.7:"'- IN WITNESS WHEREOF I have hereunto set my hand and seal. ~lfA~.. '.. ()~d. Úé.'. Purchaser (~ /""'. Witness Purchaser ....Date (Sea!) SIGNED, SEALED AND DELIVERED ~.. inlh~;;q;J;4~~. ~: Witness The undersigned, hereby accepts the above Offer and its terms, and covenanls, promises and agrees to and with the above-named Purchaser 10 duly carry out the same on the terms and conditions above mentioned, and hereby accepts the deposit of $. ./ D.O. .00. . , . . . ~~~~~~~~ÊÞÝ~~~~ x¡.~àM'\.J(j~~1C1C.X."""''''~¡¡¡'J(j~¡¡¡:~¡¡¡:iI\è'i'fi~:¡¡.16~òWii&1lli«l9\j¡¡~I'm~~~~~1iIjiJCi__X ~JlCI1Ii,r.,~~¡¡¡m:~œ;¡;~¡¡; ~¡¡¡¡g¡,~¡¡'~J:3I\díj"""~¡¡'IIóH~¡¡¡':¡¡¡J(j~:¡¡~~~¡¡C¡¡';,¡Q~~~ä"Ð.{ (Strike out above if not appJicable) DATED at . Kincardine .....Ihi..dJ..nd . .day of ..M~. ,99ç.. IN WITNESS WHEREOF I have hereunto set my hand and seal. SIGNED, SEALED AND DELIVERED in the presenc'.) of: THE COR~ATION OF THE TOWN OF KINCARDINE Wilness .t.lnæJ¡J.j9t. . .t.IntM..~2/rt. Witness Witness Spouse 01 the VflndOf ...bate (Seal) . ~ ~\ (D. \ -'I ,,\ ~. - \ \ , \. I \ \ .\ \\ -::J ío' G> - r./'J -\ '" :;J r<1 C -;) í v .-z.. ()1 o (j-! . " , ...... ~ . ,'\ 5(1 \ &6 QC vi o :£ ." '" -., ." '" ';, z '" oJ ?J .e. (ì r<1 V' ¡;, J: ~. , ~\ LvT -t-. J _______. 1---..----.- ______ __ \ : v .<:::: r<1 -z.. e. r<1 -------< .1 -, " 0'" ,,0 c:: '-' ,... " 0:£ "", "'~ '" n o ." Z '" ." (D -<. n c:: ." '" &&00' \ 5(1 \ 67 13' r \ '" , ",' \ ¡¡; ¡;, úJ - "'. IV úJ tD :<" '" '" 00 CiI <po ;:;. ",:0 ~ ._;~-< ,... "'- ¡;:o'A . i..II :ø'~ , ",.. '.n_->- - ... ..£cv_ ~ -- j> z '" " ;- - ,,{ ~ o' :0 ~ » þ '" " <1 (O't 7- ~ al '" C?~. ~.-£ z::< 0- ~= ~ z '" '"' o '" úJ o " ° ~ ~. .- vi 0, :£ '" '" j> j> -C c·, , .... ·z '" ~ N r. . ",. 0, .:'~:; -J. ~. .,' f;:. . J.,,~t~~j ,~. "":: ,:~~,,~,ti:;tl;Jð.;,S;~~~ ..~~~T%~1~~~Ji'lii· \RJ¡~. < y~' ':"'~:'·''n).1:I'f;ï:,t~~ ~~IN, .J Lvi R t: G ¡'ST en E: [) , 2 I Lvi'. ---- Jf1 ---\~ --.r=-~ \....._ -."LlMIT - z 0 '" '" '" :-i 0 N r c z .. e '" .. '" ---j Ñ N3:9~'29'20"E ',," 63:37' PA RT 3 . 1NST. 20~6'7 _ Ñ' .U!I.:o o iÞ '" ... - - !~ ·60.Q8· ':' . . " ,3> Q1:'15 ".--,.--. BETW EEN ',. ....... '4,~¡.IO",'..;.....·: ~'~ . INST:' PARl 82,50' !;¡ ::: ... --- ;1J ~ N:Z " ,. z a-;- .., 'Þ m (õ)' z ~ . O';D <n . ,.,- 2 - ~ ;E :I ~ ~.~. g ,., r- V' Z z~· N In' . .~_ 0 ."." o.;~.:; ..~...:'~~~,~~,;~: 1;I,.'.'tDt'o.< ~,' ·O·"·~,;JIt·, ~¥"'Zt;ad.:·., . '>~:~:t' 1...· ìJ ,J> '..I::·~~-':;~ CONC. RETAINING ·WAU. :E.. "- " " ~ ~. 0" ,. .,'" . z '" þ " r ~. ,. z ro· r"'_ ¡.; .. % z ~ .. '" 0 '" c' z '" r 0 Õ> ~ ~ -. m W ()J N '" ()1 '" .b Z r tD ",. 0 .. 0 -; "' ° .. -< '" r 0 Z >!' '" L":\..-( '- 'N390I2"30:'E (;1 .þ. W L:ST 82.50' (51 . N -- -----'~..._---p~ N ÈTA~?O ~.:. ~ ~.NœD'DeE. 1993 ~,- ,0 DYE & DURHAM CO.INC.-Form No. 157 (page 1 or 2) OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE . Kla.us H~i.n.e/llann. .and . ~~an.n.e.t ~e. .H.eiIlemann ............ . ("Purchaser") hev;ng ;n.pec.ed the p'operty. hereby agree 10 end w;Ih. The. .Co.rp~ra.ti.on.. of. .th~ .1:0.w.n.. (j:f .rZin.ca¡;dine . ("Vendor"), through no . .Agent lor Vendor ("Agent") ¡nthe. . . To:wn .of.. . Bruce Avenue . l<in~1irciin.e ........... to purchase all and singular the premises situate on the North ... ,side of. known as , . (herein called the "Property") he,;ng fr/n'.~Uft1i'rieâ2i~ ß r~åe¿ri' be;ng .... .. .. . .... . .. .... . .. ........ . *R!~~ . the ·sket~íi. or~et\:bãêj'¡"èt~of ¡'¡be"i-etò:" . ·1t\1Ç\(ø<¡~~·x,·· . .20.. .f.e~t: . . . . . . . . . . . more or less, Registered in the Land Registry Office. See calculation set out below at the price or sum ("Purchase Price") of . ... . . Dollars ($. ...) ----------ONE HUNDRED------------------------- 100 00 e.s follows: .. . .. . . ..... . . .. . .. ....... .Dollars ($... ... ~......... ..) ~~èa~heque to the said ,(jiQUVendOl' on this date as a deposit to be held in trust pending completion or other termlnalion of this Agree.rnent. and to be prw:Jlled on a.ccountof Purchase Price on closing, and covenant, promise and agree to pay the balance in cash or bY certl!].ed cheque on closing subject to usual adjustments. 4Þhe purchase price shall be based on the following formula: Purchase Price = $1.50 x Area of Parcel being purchased where the unit of measurement of the area is square feet, and the area shall be determinec according to a Reference Plan of survey to be prepared at the expense of the Purchaser, This Agreement is conditional upon the Council for the Town of Kincardine passing the required bY'-laws with respect to the sale of the within lands, failing which the within Offer shall become null void and the Purchasers" deposit shall be returned forthwith, without interest or deduction. This offer is further conditional upon the Town of Kincardine passing a by-law to close, stop up and sell the Property prior to the date of completion of this transaction, failing which this Agreement shall become null and void and the Purchasersr deposit shall be returned to the~ in full without interest or deduction. The Purchasers agree to pay all legal and survey costs and all other reasonabl costs incurred by the Vendor in connection with this transaction including without limitation the costs of advertising the road closing and sale by-laws as required by The Municipal Act. .he Purchasers agree to accept title to the Property subject to any easement or the supply of utility services which may be granted by the Vendor in favour of the Kincardine Public Utilities Commission. . The Purchase Price does not Inc'U~$ Goods and Services Tax ç'a.S.T.") and. if this transaction is subject to G.S.T., then applicable G.S.T. shall be in addition to the Pur. chase Price. All G.S.T. shall be collected and remitted as required by law. It this Iransaction is subject to G.S.T. bullhe Vendor is not required to collect or remit G.S.T.. the Purchaser agrees to provide on or before closing to the Vendor or Vendor's Solicitor a written curtificate in a form reasonably satisfactory to the Vendor or Vendor's Solicitor II? the effecl that the Vendor is not required to colklct or remit the G.S.T. and shall provide the Vendor with the Purchaser's G.S.T. registration number, if appticable, failing whIch the applicable G.~.T, S;h!lll be ~id to the. Yend~r on dOSing. If this tran~action is not Hubject to G,S.T., the Vendor agrees 10 provide on or belore closing to the Purchaser or Purchaser s Sohcltor a wrlnen certificate In a form reasonably satisfactory to ,~ Purchaser or Purchaser's SoHcitor certifying that the transaction is not subject to G.S.T. The V$ndor reprØ$8nts and warrants that during the period of his or her occupancy of lhe Property and, 10 Ihl:! best of his or her k.nowledge prior thereto no buitdlng on the PrQperty has been insulated with ur&a formaldehyde loam insu:Stion_ This warranty shall survive compÞ'Jlion ot this trarasaction.' '. OFFER TO 'ÇUACHASt:JAGAEEMENT OF ÞURCHASE & SALE AMENDED DEC. 1993 DVE & DURHAM CO. INC._Form No. 157 (page 20f 2) _. All fixtures shall remain with the Property, except: N/A .~ the following chattels. the property 01 the Vendor, shall be ¡ncluded In this sale for the price above-mentioned: N/A March This O"er shall be irrevocable by the Purchaser until 1 J.. ;.5.9P.M. on the.. . .... .. . . ?Z.tJ.G.... . '. .. .day 01 .. "J~~~:t'$.>Ç:~.. time, II not accepted. this Offer shal: be null and void and the deposit returned to the Purchaser without interest or deduction. . 19 .9. 6 after which PROVIDED the title is good and free from all encumbrances. e~cept as aforesaid, and except local rates and minor easements for ~ydro, gas, ~elephone or like S8rvl~es to the Property; said title to be examined by the Purcha$er at his or her own expense, and the Purchaser not 10 call for the production of any tItle deed, abstract of tille, survey, proof or evidence of title, other than those in Vendor's possession or under his Of' her control; and provided the same have been complied with. the Purchaser to accept the Property subjecl to Municipal requirements, including building and zoning by-laws, minor easements as above-mentioned, and 10 restrictions and covenant$ that run with the land. '. 1 1 . unt~ c os~ng The Purchaser to be allowtJd ./................ .~ð'~~lnM"'~~to investigate the title at his or her own expense, and il within that time he or sh~ shall furnish the Vendor in writing with any valid objection to the title, or to any autstand.ing Municipal work I?l'C!ers or deficiency notices affecting the Prop~rty, or non-comphance wilh zoning by-laws, or that the present use of the property may not be lawfully continued, or that the bUlldmgs on the Property may not be insured against risk of fire, which the Vendor shall be unable or unwilling to remove or correct, and whk:h the Purchaser will not waive, this Agreement shall, notwithstanding any Intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction, and the Vendor and the Agent shall not be liable tor any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. The Vendor hereby consents to the municipality releasing 10 the Purchaser details of all outstanding Municipal work orders or deficiency notices affecting the Property. . 19th June 96 This Agreement shall be compleled on or before the. . . . . . . . . . . . . . . . . . . . . . . day of . . . 19 . . . . on which date vacant possession of the Property Is to be given to the Purchaser unless othelWise provided for herein. Until completion 01 sale all buildings and equipment on the Property shall be and remain at the risk of the Vendor until closing and the Vendor will hold all policies of insurance effecled on Ihe Property and the proceeds theteof in lrust for the parties hereto, as their interests may appear. In the event of damage to the said buildings and equipment .ore the completion of this transaction, the Purchaser shall have the righl to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupon .. Purchaser shall be entitled to the retum, without interest or deduction, of all moneys theretofore paid on account at this purchase. Unearned fire insurance premiums, fuel, taxes, interest, rentals and all local improvements and water rates to be proportioned and allowed to the date of completion of sale. Transler/Deed to be prepared at the expense 01 the Vendor In a form acceptable to the Purchaser's Solicitor, and if a Charge/Mortgage is to be given back, same to be prepared at the expense of the Purchaser on a form acceptable to the Vendor's Solicitor. The TransferlDeed to be given to the Purchaser shall contain a statement completed by the Vendor and the Vendor's Solicitor pursuant to Seclion 50 (22) of the Planning Act. This Agreement shall be effective to create an interest in the real property only if the applicable land division provisions of the Planning Act are complied with, and the Vendor agrees, at his or her e)!:pense, to comply with such provisions and to proceed diligently with the application for such compliance. The Vendor, on or belore completion, will produce evidence thai he or she is not now, and upon completion will nol be, a "non-resident person" within the meaning and for the purposes of Section 116 of the Income Tax Act of Canada or il he or she is a "non-resident person" willfully comply with the provisions 01 Section 116 of the said Act prior to completion. The Affidavit of Residence and of Value of the Consideration required und03r the Lc.~nd Transfer Tax Act shall be prepared by the Purchaser. II the Spouse 01 the Vendor has not oxecuted Ihis Agreement, the Vendor represents and warrants that ttte comple1ion of this transaction will not conlravene the provisions 01 the Family Law Act. This Offer, when Iccepted by the V9ndor, shall constitute a binding contract of purchase and sole. and time In all respects shall be 01 the alaenee of this Agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreemenl or tl)e Property or supported hereby other than as expressed herein in writing. Any tender of dccuments or money hereunder may be made upon the Vendor or Purchaser or upon the Solicitor acting for the party on whom tender is desired, and it shall be sufficient that a negotiable certified cheque be tendered instead of cash. Each party to pay the costs of registration and taxes I)n his or her own documenls. .is Offer and its acceptance to be read with all changes of gender or number required by the context. DATEDal ...,Ç·Pf111'r1.J)l~................lhiS..... ./t¡j¡'.. ..dayof.. IN WIT:~::;:J:;~;"I have hereunto set my hand and seal. March .. .19 96 SIGNED. e AND DELIVERED ·~~Õ"~CZ~ .............~..(.~. X:rflÆ~~ .t.;f~/$Þ aus Hei~..~ 11//,(.. Pure 1Mer Heinemann The undersigned, hereby accepts the above Offer and its terms, and covenants, promises and agrees to and wUh the above-named Purchaser to duty carry out the same on the terms and conditions above mentioned, and hereby accepls the deposil of $. .1.00...00....... ....... .U~~~~~~Uil:~16 )ŒI)Ð.b<XIX>JIO!I"_XXX1O\I{PJt1JOmJlllJO~'MIJlIMt¡e~"~";0{1('WX>I!<~X~§tt';f;I)(h¡¡t1O<{qr:¡~<X'~'»I!<IN_'!i!II;~~1l'1'I! ¥'¡¡¡~_KØ<i~~ )fi!i:¡¡r1Ii¡¡¡~~"'Uill<C\1fjr1li¡¡¡~J.{;g:ji¡{S¡¡I¥illji¡¡C~~¡¡¡'¥iiiioii~~~IIi¡1i""C~. (Strike out above if not applicable) .TED., . KinC:llrdil'le IN WITNESS WHEREOF 1 have hereunto set my hand and seal. . . this. dJ. nd day 01 .Mon:.h 19q~ Witness THE CORPORATrOÌ'( OF THE TOWN ~...~. ¿4~~ Vend.Jr OF KINCARDINE SIGNED, SEALED AND DELIVERED in the presence of: Wiln(!ss Spouse of the Vendor ale ~ d¿¡.j'1(' ~d~r¡t, te ..................... Witness , ~ '!!\ cD\ î \ . ;' - \ . , \ ì \ \ \ ; \~ - fj) -I Í'Ì -;;J r<1 c::; . .. " , -J í 1? Z (j1 o t>! - .' ·'\st1\ 6600 .~ '" '" "" OJ ?J 'C: () r<1 J:> .::: r<1 Z c: r<1 ----<: >-î \. R [G i"STCR,[D I I I J , i I L---.-------t_ I:. ...J______ LOT LOT 2 LOT ,3 J 11 , 4145 "'" ''', ------.. r=---.=-~-- BETWEEN !!! cD .:1:' N3'9~'29'20"f '" '" ¡¡, ~ ¡;; '" - ž 0 '" '" '" ci 0 I r N Ž C '" ... '" -I ¡::; 0'" ~c¿ -, 'óx ....:f. '" "'~ "'n o '" 7!- ';J '" N '" '" 6600' -..;-< cD ... 63.37' PART INST. ·60.46' CONC. RETAINING ·WALI,. . 3 202 G 17 -."lIMIT ·z VI ci 11,:,1'1'1':' r ~. Cj- ...1>, . ...,1 .' '~L:.. ,.~J~\~ . .'" ;"~:'\/I~\-f¿t,,;r;.\l,lf ."" .", - ,." 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