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Home My WebLink About07 155 26 Robbie Lane (Lachance/Kelley) Property Sale . . . . TIlE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 155 BEING A BY-LAW TO AUTHORIZE THE SALE OF PROPERTY TO ERIN LACHANCE AND MATT KELLEY (26 Robbie Lane, Municipality of Kincardine, [geographic Township of Bruce] County of Bruce) WHEREAS Section 270 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality shall adopt and maintain policies with respect to the saie and other disposition of land; 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 pursuant to the said Municipai Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality of Kincardine has declared surplus to its needs that property described as pt Lot 26, Victoria Street East, Municipality of Kincardine [geographic Township of Bruce], County of Bruce and known municipally as 26 Robbie Lane; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine deems it advisable to dispose of the aforementioned property; AND WHEREAS Erin Lachance and Matt Kelley have submitted an offer to purchase the aforementioned property in the amount of $20,000.00; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Mayor and CAO 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 that property described as pt Lot 26, Victoria Street East, Municipality of Kincardine [geographic Township of Bruce], County of Bruce to Erin Lachance and Matt Kelley. 2. The sale price for the said property shall be twenty thousand dollars ($20,000.00). .. ./2 . . . . Page 2 26 Robbie Lane (Lachance/Kelley) Property Sale By-law By-Law No. 2007 - 155 3. That this transaction is subject to the conditions set out in the Agreement of Purchase and Sale attached hereto as Schedule "A" and that fifty percent (50%) of the net proceeds from this sale shall be credited to the Kincardine Economic Development Fund and fifty percent (50%) of the net proceeds from this sale shall be credited to the Municipaiity of Kincardine Capital Reserve Fund. 4. That this by-iaw shall come into full force and effect upon its final passage. 5. This By-law may be cited as the "26 Robbie Lane (Lachance/Kelley) Property Sale By-law". READ a FIRST and SECOND TIME this ath day of August, 2007 ~~~ Clerk READ a THIRD TIME and FINALLY PASSED this ath day of August, 2007. ~~~ Clerk . , t)REA Onlcrio RealE,tate Association Agreement of Purchase and Sale Fonn100 for use in the Pn:lIIincecrfOnlario . ./ /<1; This Agreement of Purchase and Sale dated thjs............~,~............... day 6Y ::Tvtu.l (j)$ o-t .................,~..~.20...q?.. BUYER,.. ....... ........ ......................... ..~rtl).h~x~.~n~.e:.?n9. .~n:.t<;~!I.~y'..................... .".............. ....., agrees to purchase from (Full legal names of all Buyers) SB.l.IR,...... ............ .. ............... ............... __. Ml,lni~ip~l.i!y. ~~ .f5:!n9f!~.in~..... ........ .......... ............. ......... ... ...., the following (FIJI legal names of all sellers) REAL PROPERI'Y: Address............................~.~.RQP.Qj~.L,.aI)J'1,.tqnc.<1ln::!llJ!'l..Q!1t;lri9. ......................... fronting on the .............Wr:'l!t........... side of.. ......... .... .~9.~R~~.h~!'1~ ...... ......... in the.... ..... ...... ~~.i~.ip.?l.l~.9.f.~!~~?~q!~.~.(~9r.rn!'!.~IY..~.~~~JWp..J.,.9.9~~~Rf.~.r:l;I~~.. ............ and having a frontage of .......... .....P?F.!'!:~....... ....... more or less by a depth of ...............~.Q.fIi!.E!L....... .... more or less and legally described as ...... p.~...\-.qt?f:?,.Y!~~qr!?mf~t;!t, .I;:.~~~, Ml,lf1j.~!rmlitY.R1.'5!!w~f9.irw. {fR~IJ:l.E!fJy.~~.~~ TWP',},.Y.9HntY. .9f.~r~.lf.E!...... ...... ...... ........ ..... .... '(Legai 'desCiijiiion'onand' 'inCluding'easi:imaots'o'otdes'Ciitieil' elsewhere)' .... .. ... ......... ........ (the "property"). PURCHASE PRICE: Dollars (CDN$).. ~9/!9.Q,qQ............... . ..............................TW.E;!fIt\(.\~R\l.~~I)~........................................................................Dollars DEPOSIT: Buyer submits.. .... .... .... .... .... ....... ...w-ithin.9. ~m. frnlJ:l.~?J:.E! .Qf.~.G~~p.t?n~E;!. R~thj~ .A9r.E!li!m~l)t. ..... ....... ............. ...... {HerewithlUpon Acceptance/as otherwise described in lhisAgreement} ... .... .............. ....... ...... .... ..... .... .Ell&. tJ!.J.IJQr~.c;l.. ... ..... ...... ..... ........ ...... ............. Dollars (CDN$)......... .... RO.Q,QO..... ......... by negotiable cheque payable to......................~Q~J.I,..E;!p.~.9.~.~l:'~~.<(lf1g.~.R.E!?.I!Y.GR,.~~9.~.~91i!..................... "Deposit Holder~ to be held in trust pending corT1Jletion or other termination of t1is Agreement and to be credited toward the Put:hase Price on completion. For the purposes of this Agreement, "Upon Acceptance~ shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of the acceptance of this Agreement. The parties to this Agreement hereby acknowledge that, unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Hoider's non- interest bearing Real Estate Trust Account and no interest shall be earned, received or paid on the deposit. Buyer agrees to pay the balance ~ more particularly set out in Schedule A attached. SCHEDULE(S) A.. ........... ... .... .... .... ..... ... ... .... ..;.. ..... .... ....... ..... .attached hereto form{s) part of this Agreement. 1. I:!lUTY!: This Offer shalJ)e irrevocable by ...................~W~r................... until ...........~;9Q.P.M.......... on . ' ' '?11r-- M {Seller/Buyer} the .. ..~...... day of ......................~\JJy...................... 20...9.("..., after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest 2. COMPLETION DAlE: This Agreement shall be completed by no later than 6;00 p.m. on the ............2Qtl:l............. day of ...............!;>.~~~mRIi!!..............., 20....9?.... Upon completion, vacant possession of the property shall be given to the Buyer W'lless otherwise provided for in this Agreement. 3. NOnCES: Seller hereby appoints the Listing Brokerage as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Only if the Co-operating Brokerage represents the interests of the Buyer in this transaction, the Buyer hereby appoints the Co-operating Brokerage as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counteroffer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided in the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No. uuumumumu;:~:;::::;;;) ~mu.1~'::~:;~~ :d;:;'S:"~ m @20070ntarloReaIEstateJQsoclatfon. Do not alter when prlnting O.::i reproducing tlI.. "tandaTd _setpGrtlon. Fonn100 2007 Page t of 5 ~. filo~ixforms"'2007 RoyalLePageExchangeRealtyCo.8rokerage 4. CHA11B.S INCLUDED:.......... .............. . ....... .... .... ...... ........ ..... . ...N!I... ..... ......... ..... .... ...... .... ............ 5. FlXTlJRES e:x:CLUDED:........................ ..... ............... ........ ....... ...... Nil.. 6. RENTAL I'J'EMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assurre the rental contract(s), if assumable: ......... ............................................................................................................. ..................................................................................NI.................................................................................. 7. GST: If this transaction is subject to Goods and Services lax (G.S.T), then such tax shall be .............i!1..~~9J~i.<?n.t~L.......... (includedinlin addmonto) the Purchase Price. If this transaction is not subject to G.S.T, Seller agrees to certify on or before closing, that the transaction is not subject to G.S. T 8. lTTLESEARCH: Buyer snail be allowed until 6:00 p.m on the ..........~!Rt).......... dayoL.........f':J.qy~ml;>~L.........., 20..97.., (Requisition Date) to examine the title to the Property at Buyer's own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, and that its present use (.......................................................................................................) may be lawfully continued and that the principal building may be 'insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUllJRE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. 11TLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, stann or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not .lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to' Seller 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 Buyer and any mortgagee, (with all related costs at the expense of the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Brokerage and Co-operating Brokerage shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property; and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Refonn Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.D. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non-registrable documents and other items (the uRequisite Deliveries") and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terns of a document registration agreement between the said lawyers. The Seller and Buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land litles Office or such other location agreeable to both lawyers. INI11ALS OF BUYER(S). ~ INI11ALS OF SEl.J.B(S~Q .!B. @20070ntarioR..albtateAssoclatloll.Dollntalferwltellprintlng orOreprod....lngth.. standard pre-setportlon. 1'0...,100 2007 Page 2 of 5 filogixforms"2007 Royal LePogeExchange ReoltyCo. BrokerQge 12. DOCUMENTS AND DISCHARGE: Buyer shall not call forthe production of any title deed, abstract, survey or other evidence of title to the property except sLK:h as are in the ~ or control of Seller.. If requested by Buyer, SellerwiJI deliver any sketch or survey of the property within SeIler's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any ChargelMortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the dosing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shalt provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of:the amount required to obtain the discharge out of the balance due on completion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seifer. The Buyer acknowledges having the opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provided for in this Agreement, the Buyer will not be obtaining a property inspection or property inspection report regarding the property. 14. INSURANCE: All buildings on the property and all other things being purchased shalf be and remain until completion at the risk of Seller. Pending completion, Seifer shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Seller complies with the, subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The TransferlDeed shall, save for the Land Transfer lax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion shail contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O.1990. 17. RESI~ Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non-residency provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non-resident of Canada. 18. ADJUSTMENTS; Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered oost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. TINE UNII1S= lime shall in all re5pe.Cl:s be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may. be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Famiiy Law Act, R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UPFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Seifer's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if. the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 23. CONSUMER REPORTS:Tbe Buyer Is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 24. AGREEMENT IN WRITING: If there is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard p-e-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of suc::h conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller: There is no representation, warranty, collaterai agreement or condition, which affects this Agreement other than as expressed herein. Fa the purposes of this Agreement, Seller means vendor and Buyer n-eans purd1aser ThisAgreement shall be 'i)f3anges of gender or number required by the context. INI11ALS OF BUYER(S):. INmALS OF SEU.ER(S),c:;;;j) m @20070..tarfoR_btateAssoclation.Do..otalterwhenprfntl..gollJrep d ..gthestandanlp......etportfon. Fonn100 2007 Page3of5 ~ jflogl!Cjorm5"'2007 Royal LePoge Exchonse Reofty Co. Brokerose 'of I have hereunlo set my hand and seal: . DATW::UL\\9! 0"'1 """ ........1'.fr'M.f'<~ .................... .............. . DATer.</?y:~r.' (BlPjar) ttKelley (Sea) I, the Undersigned Seller, agree to the above Offer. I here irrevocably instruct my lawyer to pay directly to the Listing Brokerage the unpaid balance of the commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Listing Brokerage to my lawyer. 25. SUCCESSORs AND ASSIGNS: The heirs, executors, administrators, sua::essors and assigns of the undersigned are bound by the t8mB herein. SIGNED, SEftJ..ED AND CEI..J\IffiED in the presence of: iii,"~.~4.L.. iW';'~~ Yll]!2JL. Icha.!l.ce S'GNQ~7~..."reOf. IN~NE~..'.'re:::h~;::~~~:~"dre. DATEjdl,~~lc (W~. erj per Municipality of Kincardine .(SeaI) (j . ...m......mh................h................ ................. ................................................................................ DATE................................... (Wilness) ($eI1er) (Sea') SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. ............................. .................................................. ....... .................................................................... . DATE............................ (Wjlness) (Spouse) (Seal) CONFIRMATION OF Al..;u:rrIANCE: Notwithstanding anything contained herein to the contrary, f confirm this Agreement with an changes both typed and written was finally accepted by all parties at............................ this....................................day of...... ......... .... .............. .. ............ ....... ...... ...., 20....07.... . ..... ........ ...... ......... .... ....... ..... ... ..... ... ........ ... (Signatl6e of Seller or Buyer) INFORMATION ON 8ROKJ:;RAt'llE(S) UstingBrokerage.............. .RQyql.!-.~P.age:.~c/)aDge..Re.~JJy.C.Q..S.rnk~ra.g~.......... ............... leI.No.(......S.1.9.....)..........300:-.SSzz........ .............................(<;l.9:0[lg..~J?.<1l..c;I.l,I.lil.r.!;Ig~mn.. Co-op/BuyerBrokerage..... ............................................................................leI.No.(................)...... .................................. ....................................................... .................................... ............... ................... ........ ........ ACKNOWLEDGEMENT I acknowledge receipt of my signed copy ofthJs accepted Agreement of I' acknowledge receipt of my signed copy ofthJs accepted Agreement of Purchase and Sale and I aulhor!ze the Agent to forward a copy 10 my lawyer. Purchase and Sale and I aulhorize the Agent to forward a copy to my lawyer. ~iei-j" ............. .................. ........................... DATE....... per: MmicipaUly of Kincardine .................... ................. DATE,.. (BUy;j' ............... Erin Lachance ........... ............. ........................ DATE... Matt Kelley .... DATE.. iS€tiei-j" (BUYeij............... Address for Service........... AddressforService.......................................................................,... .......................................................TeI.No.{...........).......................... Buyets Lawyer........................... ..J.<1l.m~$.1,1!'!1'!~!'!\.!k........ ........... Address...2.a.2.P..l,Ix!'!a.m..Sf".I?,O',.S.Q.~.~.9....Kim:;a.r.Qj[l.e...QN.N2Z.UG (...SIS..I...............3.9.~3301............. (...SI9..)............396,Z.13.7..... 'il1,No. fAX No. .........................................................TeI.No.(...........).......................... Seller's Lawyer............................Gr~JJ.;,l..m.~....~h999.......................... Address...... ;n~. .~~mtJ.t9D..$l.,.F. ,o.,J!R~ }.~,. ~.if.l!<!l:~iD~,. o.~. Ngf:.~Y!t. (...019..I..............3.~H1.44............. (...019..)............39Q,.944.6. ........ ..I.No. FAX No. FOROFRCEUSEONLY COMMISSION TRUST AGREEMENT b: Co-operating'Brokerage sflolon on thefore{!oing Agreement of Pwmaseand Sale: In coosideratiOllfor theCo-operating BrokerageproCllring lhe Ioregoing Agreement of Ptrd1ase and Sale. I hl!R!by declare th alallmoneysreceilledorreceivablebyme;nconnedlonwilh the Transaction as contemplated in the MLS$ RrJes and Regulations of my Rea Eslate Board shall be receivable and heJd In trust. 1l>s agreement shall constitute a Commission TruslAgreement as defined in the MLS$ RrJes and shall be SU~ed to and governed by !he MLS$ Rules pertaining to Corrmission Trust. DA18J as of the date and time of the acceptance of the foregoing Agreement of Pumase and Sale. Acl<nowledgedby: (Authorized to bind theUsling Brokeragej '(AU1ii~'i~'-bind'ihe'O;:;;;;;;;.;]~g"~) w @2007OntarioReal Estate AQ;oclatlon. On not alter when printlog 010 repmdltClng th" standard pre-5et portion. fcmn 100 2007 Page 4 of 5 fj/ogj~torms"'2a07 RoyoIL"Pa'J"E~chang"R"(lltyCo. Brokeroge t)REA Onfurio ...,,- Auocialion Schedule A Agreement of Purchase and Sale Fonn 100 foruseinlhePrrNil1ceofOntano This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER,. ....... ..... ......."".", ......... ... ..... ...... "....... .!;!iIJ.h~H~;;t!1C;:.~.~.IJ~ .M@J:!J<;~.I!~y......... ... ............ .......... .... ..... . .......... ...., and SB.1m,.................................................................Ml,lntQip.ij[i1Y.Qt.lS.inc~(~jnE;l................................................................. for the purchase and safe of ..................:........................26.RQ.t!bjl':J..F1ne,.Kinc.arQlr:I~"O'IJ.ta(lQ...................... ........................................................ dated the .................2S.ttJ.................. day of ..............~!J.Ol':.............., 20....9.7... Buyer agrees to pay the balance as follows: The Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank draft or certified cheque, tor;;efler on the completion of this transaction.. '-:? .5- / 7{ ( This Offer is conditional upon the approval of the terms hereof by the Municipal Council representing/the"~icipality of . Kincardine. Unless the Seller gives notice in writing delivered to the Buyer not later than 4:00 p.m. o'n th~d day 9f August 2007, that this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to th,~ Buyer in fullyvithout deduction. This condition is included for the benefit of the Seller and may be waived at the Seller'$, sole optLOR1ly notice in writing to the Buyer within the time period stated herein. '---~"-- f5A This Offer is conditional upon the Buyer determining, at the Buyer's own expense, that a building permit can be obtained with respect to the subject property. Unless the Buyer gives notice in writing to the Seller within TWENTY-ONE (21) days following the date of removal of the condition by the Seller pertaining to the approval of the terms hereof by the Municipal Council representing the Municipality of Kincardine, that this condition has been fulfilled, this Offer shall become null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefrt of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seifer within the time period stated herein. The Seller agrees to supply any survey of the property in his possession or under his control to the Buyer, as soon as possible and prior to the last day allowed for examining title. The Seller represents and warrants to the best of the Seller's knowledge and belief that during the period of his ownership of the property, that: all environmental laws and regulations have been complied with, no hazardous conditions or substances exist on the land, no limitations or restrictions affecting the continued use of the property exist, other than those specifically provided for herein, no pending litigation respecting Environmental matters; no outstanding Ministry of Environment Orders, investigations, charges or prosecutions regarding Environmental matters exist, there has been no prior use as a waste disposal site, and all applicable licenses are in force. The Seller agrees to provide to the Buyer upon request, all documents, records, and reports relating to environmental matters that are in the possession of the Seller. The Seller further authorizes the appropriate Ministry, to release to the Buyer,-the Buyer's Agent or Solicitor, any and all information that may be on record in the Ministly office with respect to the said property. The Parties agree that this representation and warranty shall form an integral part of this Agreement and survive the completion of this transaction, but apply only to circumstances existing at completion of this transaction. This Offer is conditional upon the Buyer determining, at the Buyer's own expense that legal access can be obtained with respect to the subject property. Unless the Buyer gives notice in writing to the Seller within TWENTY-ONE (21) days following the date of removal of the condition by the Seller pertaining to the approval of the terms hereof by the Municipal Council representing the Municipality of Kincardine, that this condition has been fulfilled, this Offer shall become null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefrt of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller within the time period stated herein. For purpose of clarity this Agreement or Purchase and Sale replaces and supersedes a previous unaccepted Offer dated April 2Oth,2007. This form rrust be initialed by all parties to the Agreement of PUI INITIALS OF BUVER(S): INITIALS OF ... I "'I(S),CW :UClngthe"tandllrdpre-sel:portlon. Form100 2007 PageSofS RoyolLePageEJCcl!angeRealtyCo.8rol<.erage .!;a @2DD70nlarloReaIEstllteAssoclatl.....Donotalterwll....prlntlngotO filogiJC.forms"'2007 t)REAOnfari<> ...,- A=<:iation Confirmation of Co-operation and Representation Form 320 for use in Ihe Pro\Iinceof Ontario BUYER:. .. .1;[i!l.I,..~~h!,!~g.t;!J;mg.M!:!t:tnK.f;!JJ~Y.. . ~.lJjgjm;lJ!W.9L~(Dg~nf!n.~.. ._?g.R9.1;l.i;!j.~ .j..,!l!J.~.,. !9n.t;:,~r!;l.jne_, .qm.,~ri.9... .......... Fa" the transaction on !he Property known as:. For the purposes oflhis Confirmation of Co-operation and Representation, a "Seller" includes a vendor. a landlord, ora prospective, seller, vendororlandIordanda "Buyer" includesapurchsser, alenant ora prospective, buyer, purd1aser or tenant and a "sale" includes a leasa. The foIlov.11ng information Is confirmed by the undersigned saI~ I"8pIe$Ii!IrtaIws of the Brokemge(s).1f a Co-opefating Bl'Okerage is Involved 11'1 the tnmsaetion, the brokerages agree to co.operate, In conskIemtion of, and on the tenns and conditiOll$ as set out below. DECLARATION OF INSURANCE: 1he undersigned salesperson! broker R!presentative(s) of the Brokerage(s) hereby declare that hefshe is insured as required by the Real Estate and Business Brokers Act (REBBA) and Regulations. MJttlpleRepresentatlon. Lisling 8rokeragerepresents both the Seller and Buyer. MULTIPLE REPRESENTATION The listing Brokerage has entered into a Buyer Representation Agreement with the Buyer and represents the interests of the Seller and the Buyer. with their consent. for this transaction. The Listing Brokerage 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 SeUer and the Buyer. including a requirement to disclose all factual information about the property known to the Listing Brokerage. However. the Listing Brokerage shall not disclose: -That the Seller mayor wlll accept less than the listed price. unless otherwise instructed in writing by the Seller; -That the Buyer mayor will pay more than the offered price. unless othelwise instructed in writing by the Buyer; -The motivation of or personal information about the Seller or Buyer. unless otherwise instructed in writing by the party to which the information applies, or unless fallure to disclose would constitutefra udulent, unlawful or unethical practice; .The price the Buyer should offer or the price the Seller should accept; -And; the Listing Brokerage Shall not disclose to the Buyer the terms of any other offer. However, it is understood that factual market information about comparable properties and information known to the Listing Brokerage concerning potential uses for the property will be disclosed to both Seller and Buyer to assist them to come to their own conclusions. Additional comments andfor disclosures by Listing Brokerage; SIGNED BYnEBROKER/SALESPERSON REPRESefl'Al1VE{S) OF nE BROKERAGE(S) (Where applicable) ,-........__...,.......,BQYar.l..ep;:!g.r;l..!;.J!:~.t:1.~Og~.Re.aJ:ty..G.o....."..... \NameofUsting rokerage) ...969.Q.ueen.St".P.O.Box.30a,.Kin.cardine...o.NN2Z2YB... ..__.~.1~1~~"'''''': Fax: .:....... .......6:t Iri~d"lci"bln~..Date~ '(Niir!ie'oreo.:operatliigii3iiyei'Siiilienige)" . Tel: Fax: ......................,.................................... Date:. (Aulhorized to bind the Co-operatingJBuyer Brokerage) CONSENT FOR II/IULnPLE REPRESENTAnoN (To b& completed only If the Ikokefage reprvsents more than one client for the transaction.) T11e Seller and BuYer consent with their Initials to their Brokerage c;jj;2 f?f2 representing more than one dient for this transaction. SEU.IRS II R'$INI11ALS ACKNOWLE~G ENT I have rec::eived, read and understand the above information. '" i~J6,~~e0c D,,"~?,/J/4T: .. :;,.lk (SignatUieofseiliir)..................................... Date; .................................. '(5(' d 2!lW}Qf D".0~\\..\\qlO-=t / ~ . ;/[k-? =-".-'.......................... Date:...-1;;::,.(?.v,./'/t/.::r IE "..,<- 1i:l2007 Ontario Real ~_atIon. 00 not alter_.... prlntlng orreplVdllClng_"tandard P'- pordon. Form 320 2007 Page 1 of 1 filoglx.forms"'2007 Roya! LePagefxchange RealtyCo.lJrokerage