HomeMy WebLinkAbout08 093 Locum House (47 Eastwood Cres) Property Sale
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 093
BEING A BY-LAW TO AUTHORIZE THE SALE OF PROPERTY TO BYRON
HOUSE AND JENNIFER HOUSE
(47 Eastwood Crescent, Municipality of Kincardine, [geographic Township
of Kincardine] 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 sale and other disposition of land;
AND WHEREAS pursuant to the said Municipal 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 a municipality 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 Plan 3M 96 lot 2, SEC 3M-96, PCl 2-1, Municipality of
Kincardine (geographic Township of Kincardine), County of Bruce, known
municipally as 47 Eastwood Crescent;
AND WHEREAS an appraisal was completed by the Municipality of Kincardine on
April 13, 2006;
AND WHEREAS the Council of the Municipality of Kincardine deems it advisable
to dispose of the aforementioned property;
AND WHEREAS Byron House and Jennifer House have submitted an offer to
purchase the aforementioned property in the amount of $450,000.00;
NOW THEREFORE the Council of 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 Plan 3M
96 lot 2, SEC 3M-96, PCl 2-1, Municipality of Kincardine (geographic
Township of Kincardine), County of Bruce, known municipally as 47
Eastwood Crescent, and to affix the corporate seal of the Municipality of
Kincardine.
2.
The sale price for the said property be Four Hundred and Fifty Thousand
($450,000.00).
.../2
e
e
e
e
Page 2
Locum House (47 EastwoodCrescent) Property Sale By-law
By-law No. 2008 - 093
3.
That this transaction is subject to the conditions set out in the Agreement of
Purchase and Sale attached hereto as Schedule 'A' and that 100% of the
net proceeds be credited to the Municipality of Kincardine Healthcare
Reserve Fund.
4. This by-law shall come into full force and effect upon its final passage.
5. This by-law may be cited as the "Locum House (47 Eastwood Crescent)
Property Sale By-law".
READ a FIRST, and SECOND time this 4th day of June, 2008
cf~ ~---
or
~ 'tr=--~~
Clerk
READ a THIRD time and FINALLY PASSED this 4th day of June, 2008.
G,____ ~~~
Cle k
tJREA Ontorio
Real Estol'e
.... A$soc;ation
Agreement of Purchase and Sale
This is Schedule".d: " to ~Lawl'
No.~8'9~- passed tAA~day
Of~f /cc,.""~~,.f(',.. .
~~~
......... .............20 ....
, .
This Agreement of Purchase and Sale dated this.....2.0tI1 ....................... day of. fv1.a):.
BUYER,..I3y'r(Jll.all~)e.~nir.cr.f:Io.us.c..................................................... ................. .........., agrees to I'urchose Irorn
(Full legal names of all Buyers)
SELLER,..Th~ .Mu.n.i.cipalitY.(Jr. f(.In~a.r(Iirl~F~lr leg';i '~a';;e;.;r';if Seilersi"" ................... .............. .., the following
REAL PROPERTY:
Address...~7.J~a~t'::'(J(Jd..c;r~sc.c'!t........ .................. ........................ .............. lronting on the. Wesl ... side
of.~~~t~o.o~<;:res.c~~n.. ................ in the .rvll"li~i)lalitx "r..... .I~iJlc~l?ine...................
and having a frontage of ..J7.6:.8~'.......................... .. more or less by a depth of ...1.2q:8G'...
and legally described as ... p'la.n. ~1\1. ~~ .p.c:L.~: J. ,N,!lInIci!Jality. (Jr. f(in.ca.ldin~,. .C;()llJlly ()r [lltICOC.....
. more or less
................................. ilei:j';I'd.sc;ipl;(;~ '.;no';;! 'indud'ing 'eose;';.'';,; noj 'de';~;ibed ',;r;';whe,el .... .. J;1; I'rol'er04
ir~~
PURCHASE PRICE: Dollars (CDN$j. 1,..000.00 ~ ~r J./-J c"
'011?:fll(JlIsan.d.......... .. .......... . .... ...... . . . ...... .. . .. . . ....... ~. . I Dollens \
DEPOSIT: Buyer submits ...1.11.. ~_ ~.I!P' H..M.~" erA."'" V.. .~
.-t:~~ ~0 =:-- ~~w'lh/Upo" Acceplo",e/m olhe,wlSe descnbed '" IhlS Ageeeme"ll .' I () c> <" )
S. . ~ T'rDtl.J.'~^D.A J<t-J-i1 _ .- , (v ~ 1/
~~(J~~:~~~I~~c1 .. .~""1...'Ttiu.~.~~ft~d~~.. ., 'i);I~S li~~J~~:~ett:p;,0\-- ~/(5{50JFJ
y n~~b e c e payable to..R.oy'~1 L.e.r.~!le.I~incal~.il1p;...ea.Esla .e. . .OikT'i~f 6. ~ tL.~oslt f{6frfer" r/7 ,,-
----l< eld In trust pending complehon or alher termination of thiS Agreement and to be cred,led d the Purchose Pnce on completion " -
1: r the purposes 01 thIS Agreement, "Upon Acceptance" sholl mean that the Buyer is required to delrver the deposit 10 the
eposit Holder within 24 hours 01 the acceptance of this Agreement. The parlies 10 Ihis Agreement hereby acknowledge Ihol,
unless otherwise provided far in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Holder's
non.interest bearing Real Estate Trust Account and no interest sholl be earned, received or paid on the deposit.
Buyer agrees to pay the balance as more particularly set out in Schedule A attached.
O~ dItff ~Jf ~. . tJ-J.{ ~;- .;&t .;.H .
SCHEDULE(S) A....................-............. . ...... .... ....~~ aci,;d Ife,l~etto) f,orm(s) part of thiS Agreement.
c1 1)-1-{ ,. .. "'''-
,. . .' , - 0' . 4 '00
e IRREVO : ThlS Offer shall be "revocable by........ ........ ............. .... untd ........................pm. on
I \1 (Selle! ye,1
<po"" the ..~th ... .~....~....... day of ...1\1~~... ............... ............ 2008 ...., after which time, If not accepted, tillS
Offer shal be null and void and the deposit shall be returned to the Buyer in full without interest (~ c> r -
2. COMPL~ION DATE: This Agreement shall pe completed by no later than 6'00 p m. on the.. .e>, ''::'. day
of. ......\::\'0-C\.>,~.... ......., 20.0.6. Upon completion, vacant possession of the property shall be given to the
Buyer unless ofi;;l;:..:.i;~.provlded for in this Agreement.
3. NOTICES: 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 relaling hereto or provided for herein shall be in wriling. This ofler, any
caunter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered 110
the address for service pravided in the Acknowledgement below, or where a facsimile number is provided herein, when
transmiffed electronically to, that facsimile number.
FAX No. ................___ ..............IFordefiveryofnoticesfoSeller) FAX No. ............ ..................... (For delivery of nofices to Bu)'crl
INITIALS OF BUYER(S): c@i:ijf) INITIALS OF SELLER(S): C ~~)
m @2008. Ontario Real hlote "'","?~ciolion rOREA~I. All rights reserved This form was developed by QREA for the use Gnd reproducrron
~ of il5 members and licensees only. Any other use or reprodudion is prohibited except with prior written consent of OREA form 100 7008 Page 1 of 6
WESForms.... Novl200i
.
-"
. ,4. CHATTELS INCLUDED:
Q )?is,bwasher, stove., central vacuum, window coverings, light fixtures, water softener, whirl pool tub
v::J l::9.tM-r ( lJ~
5. FIXTURES EXCLUDED:
Washer, dryer
6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer ogrees to assume
the rental contract(s), if assumable: ....l\l.o!le.............................................................. .............................
7. GST: If this transaction is subject to Goods and Services Tax [G.S.T.), then such tax shall be .i!lc.l.u~~d..i/l.....................
{includea in/in addition fo}
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. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the .........Ltt.......... dayof...............&.'0:.~.$...)" 20.!CS..,
(Requisition Date) to examine the title to the Property at Buyer's own expense and until the earlier of: (i1 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 ~ding work orders or deficiency notices
affecting the Praperty, and that its present use (.K/::,SI.DEo.N:r.I.Ai..<...~.......................................................)
may be lawfully continued and that the principal building may be insured agamst 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. FUTURE USE: Seller and Buyer agree that there is no representation or warranty af 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. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and
encumbrances except as otherwise specifically/rovided in this Agreement and save and except for [a) any registered
restrictions or covenants that run with the Ian 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, storm or sanitary sewers, public utility lines, telephone lines,
cable television lines or other services which do not materially affect the 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 moy 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 mortgogee, (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 sholl 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 Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 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 "Requisite 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 ferms 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 Titles Office or such other location agreeable to both lawyers. .
INITIALS OF BUYER(S): r:J!!..1J-ij, ~
INITIALS OF SELLER(S): ~
rJ] @ 2008, Ontario Real Eslate Association ("OREA"). All rights reserved. This form wos developed by OREA for the use and reproduction
~. of its members and licensee's only. Any other use or reproduction is prohibited except with prior written consent of OREA. Form 100
2008 Page 2 of 6
WEBFonns"" Nov/2007
'. 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, surveyor other
evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver
any sketch or survey of the property within Seller's control to Buyer as soon os possible and prior to the Requisition Date. If a
discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And loan Companies Act
(Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populo ire or Insurance Company and which is not to be
assumed by Buyer an completion, is not available in registrable form an completion, Buyer agrees to accept Seller's lawyer's
personal undertaking to obtain, out of the closing 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
shall 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 Seller. 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 an the property and all other things being purchased shall be and remain until completion
at the risk of Seller. Pending completion, Seller shall hold all insurance policies, if any, and the proceeds thereof in trust
far 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 an 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 ather 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 dilig"ntly at his expense
to obtain any necessary consent by completion.
16. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the land Transfer Tax 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 shall
contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O.1990.
17. RESIDENCY: 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 un metered public or
private utility charges and unmetered cast 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. TIME LIMITS: Time shall in all respects be of the essence hereof pravided that the time far doing or completing of any
matter pravided 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
Family law Act, R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided.
22. UFFI: 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 Seller's
know/edge 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: The 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 pre-set portion hereof, the added provision shall supersede
the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached
hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representotion, warranty, collateral agreem~nt
or condition, whicn affects this Agreement other than as expressed herein. For the purposes of this Agreement, Seller means
vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context:
, INITIALS OF BUYER(S): ~ INITIALS OF SELLER(S): ~
rJ] @2008, Ontario Real Estate Association rOREN). All rights reserved. This form wos developed by OREA for /he use and reproduction
~ of its members and licen~Js only. Any olher use or reproduction is prohibited except with prior written consent of OREA. Fonn 100 2008 Page 3 of 6
WEBFonnsT\4 Nov/20Q7
25. SUCCESSORS AND ASSIGNS: The heirs, executors, odministrolors, successors and assigns of the undersigned me
. . bound by Ihe terms herein.
SIGNED, SEALED AND DELIVERED in the presen)e of: IN WITNESS 1~er'~of I hove hereunto)er my hand and seul:
iWli~~;;i' ...c......<j..?/'!y /"' i8~y~,iHY'I'6~tJ~;;:;s~./)4~1--.:... !'I DATE ,~11 ~1,/' ?(':',\
iWli~~;;I"/::' .. ",...l.'~", i8~Y~'ij(:;;lJrlrr~;G-1;;';:U' !'I DNE ')D (""':) )u.c:
I, the Undersigned Seller, agree to the above Offer. I hereby irrevocably instruct my lawyer to IJOY directly to the lisllrlU
Brokeragelhe unpaid balance of the commission together with applicable Goods and Services Tax (and any olher toxes us
may hereaher be applicable), from the proceeds of the sale prior to any payment to Ihe undersigned on completion, os
advised by the listing Brakeroge to my lawyer.
SIGNED, SEAlED A\'ID DELIVERED In the presence 01
.. .~tJ
.. ~\'...
IWllne";~.~1
IN WITNESS whereof I have hereunto set my hond and seol:
is;I,;~fh7M2~~~(~incardiiie'
.
il
[Seoll
DATE Jro,J):) ,JUc ~
DATE.
iWii~e;~1
is'~II~'fj' .
SPOUSAL CONSENT: The Undersigned Spouse of Ihe Seller hereby consenls 10 the disposition evidenced herein pLlrsuont
to the provisions of the family law Act, R.S.O.1990, and hereby agrees wilh the Buyer that he/she will execule all ncccss",y
or incidental documents to give full force and effect to the sole evidenced herein.
;wli,;;;;I...... is'p~~;;j' ...... . !I ONE..
CONFIRMATION OF ACCEPTANCE: Notwithstanding onyfhing conlained herein to the contrary, I confirm this Agreement with oil
C) /)' ~--:-+-
changes both typed and wrillen was finally accepted by all parties ol.....,J........ a.~, thiS................:;<7:).......1...... ..duy
:II. g ..1 h
V V'-c " - . ,-:./(/ -1.'
of..............................~!.........................., 20..0 .... . ()./.ff.'<";-':'J;<>~..HH~:::.i':f7,://.,Z/
~ (S'gnatvrl'i 01 S'?lItr 0' Bv}4j""
INFORMATION ON BROKERAGE(S) '/
Usling Brokerage.. h ~()y~Il.:e~ag~ .I\iflc.~rdiflc. ~~~ I. I!~ta (C..
.13::,.)(..1 P9,. ~.i.flc~r~.i.rl~ .U2.;;:. .2.;;:4.
h.. TeINo.5I!J:lYG33!JG .
I
I
I
Co-op/Buyer Brakeroge.~W!\1I'\)( .IcANpEJ<; C1Ii\Nc;F; l.,Tj) .l3r(J~~rag(l. [I<IN l
13()J<;.~~.I,.7.~~.QlJ.~!':.J:I.?TI~~!':T. .... .......... KINCAi<PIN.F:. ..........
hhh TelNo J5I9)39GS'I4'lh .
ACKNOWLEDGEMENT
, acknowledge receipt of my signed copy of this accepted Agreement of I acknowledge receipt of my si.gned copy of this accepted Agreement of
Purchase and Sale and I authorize the Agent 10 forward a copy to my lawyer. Purchase smdilo1e and I au~e the Agent to forward 0 copy 10 my lawyer.
~1:civ!~i~i&chhh DATEJ"'''--UhQ iB;;;;~~~1{t~~~hhhh D^TEr:~Y7~O\
ii;Ii;;j hhhhhhhhhhh hhhh.hhh . DATE.. iB;;;;j~cii~Ftt;;?-'hhhhhhhh DATEV\",,\3cloG
TeI.N~'"''''
...FAx.N;;.....
Address for Service..
ll~y~;;;~~~~;..s.~T~...rvc;:~Ns;l~;XC.....
Addr~ss:?'}08;4(f: h.. hhh
Tel.No. 'FAX No.
Address for Service.. .
hhTeI.Noh.hh.h.
Seller's Lawyer........
Address......................
FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT
To: Co-operating Brokerage shown on the foregoing Agreement of Purchase and Sole: RE/MAX LAND EXCHANGE L TD Brokerage I KIN I
In consideration for the Co-operoting Brokerage procuring the foregoing Agreement of Purchase and Sole, r hereby dec:lore that 011 money' received Of receivable hy me in conn~clion will,
the Transaction os contemplated in the MlS@RulesandRegulotions of my Real Eslate Board sholl be receivable and held in tfust. This agreement ,hall (omlltule 0 Commission Trus! Agrcemel1'
os defIned," the MlS@Rvlesond sholl be subjeCl10 and governed by the MtS@RuleS pertOlnlng 10 CommIssIon Trust /.----------- , ^
DATE~ ~y: '" ~ oed rim, of .ho o'"p'o''' 0' Iho 'o"gol'9 Age"m,,' 0' P",h", oed Sol,. Moowl'dg'r I ,"I \
;~~L;~:;;i~d...h~ii;Oi~gB;;i;.;;g~i............................................ IA"ho""d'o bmd 'hX~P::::B~~-
m @2008, Onlorio Reol E,tote Association (YOREAY). All righfs reserved. This form was developed by OREA for rf1e use ond reproduction
~ of ils members ond !icense.;::"':':m!y. Any other use or reprOdllC!ion is prohibited except wilh prior written consent of OREA. Form 100
2008 Page 4 of "
VVEBFonns'" Novl;?007
Schedule A
Agreement of Purchase and Sale
Fo,"' 100
MEA Onlorio
Reol Estate
v. Associotion
fer V\~ in th~ Pro";",,, ,,1 ( '"",,,,,
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BUYER,.l3yr()ll.arl(j .'~n.nirer J!ot.l~e............... ................ .. ........ ..........
........., ond
SELLER,.. :r.h.e.lvIl1()ici)l~.'ity. ()r.l~i~lC~r(line...............
for the purchase and sale of ..4.7.J;:.as.t,:,,()o.d.c:.re~c::llt....
.j(.iI.I.~~.rdin~...................... doled Ihe2.0.'11.................. day of ...rv1a)'....
..,200.X..
?Mt ).H .
f~a\-\ () '\""-0 \rl'--C'vCJCct~ d~
Seller to supply confirmation of heating and electrical costs, _e:~~~ ,L\~~Jrc:~hCQ @c/
The Seller agrees to have the septic system pumped TEN [10] days before closing and to provide the Bllyer's with
compliance documentation.
The Seller agrees to supply any survey of the property in his possession or under his control to the Bllyer as SOOIl as
possible and prior to the last day allowed for examining title.
The Buyer shall have the right to visit the property one further time prior to completion. at a mutually agreed upon tinH'.
The Seller agrees to provide access to the property for the purpose of this visit.
The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and
properties may be re-assessed on an annual basis. The Buyer and Seller agree that no claim will be made against the
Buyer or Seller. or any Broker or Salesperson, for any changes in property tax as a result of a re-assessment of the
property.
The Buyer and Seller acknowledge that they have been advised that they may seck outside professional advice such as
lawyers. home inspectors, surveyors, accountants, insurance agents or brokers. mortgage consultants prior to signing Ihis
offer.
The Buyer and Seller agree that a true copy or fax copy of the original accepted ^greement of Purchase aod Sale be
accepted as a true copy.
S-<2..-\\-Qc
'T -'<.~
v-'t\\ ~rn.0l"-'2 *' \~(l f\.Q.1..-0 ~t
", /,
l'--:t:> RCXJ 8 ~o 'is''' Ji-I ,J;1<=
s
~~ CLS;
()H ((.~1/tZ
ih" offer '" su.hj<ct to Cou.n,-,I 4fll(~;(\l h'j me"",S c, (>. !"1"nle'p".1 11'j-lo.w.
cd-
p--<V'"
:@--
This form must be initialed by'all parties 10 the Agreement of Purchase and Sole..
INITIALS OF BUYER(S): cJjjJ~.1if) INITIALS OF SELLER(S): Cf)1\"':.~
rn @ 2008, OOlorio Reol Eslote Association rQREA~I. All rights reserved. This form was developed by QREA for the use and reprodvclian
~ of ils members ond riceMet:~Only. Any other use or reproduction is prohibited e:<:cept with prior written consent of OREA. Form 100 2008 Page {, of (,
VV'EBFonns'" Nov/2007
Schedule A
Agreement of Purchase and Sale
Form 100
~OnloriO
. R('(llbtale
A~~(}I"j(Jtion
fe>rI'I..'"II,<:'P''''.'n....''/Pn'''.'''
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BUYER,.. L))'r')Il.an,1 )f)rlnircr.l:loll~c................ ................... .......................
SELLER,.. Tile. tvllllli~il'~lity. (jf. I<,i rlcardin.c.........
...... , clIld
for the purchase and sale of ...4.7J~~5t"'(10(.I.<::.rc~c~rlt................
...I<.lnr:a.rdin~.................................... dated the ..2.0tll.....
.... day of ...t--.lay
..,200X..
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 by certified chl''1l1l'. 10
the Seller on the completioo of this transaction.
This Offer is conditional upon the sale of the Buyer's property known as 680 Palmateer Drive, Kincardine. Unless Ihl'
Buyer gives notice in writing delivered to the Seller not later than 6:00 p.m. on the 30th day of July, 2008, that this
condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without
deduction. This condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option by nnlier
in writing to the Seller within the time period stated herein.
Provided further that the Seller may continue to ofIer the property for sale and, in the event the Sellrr recl'ivps anoll1('r
Offer satisfactory to the Sellec, the Seller may 50 notify tl u er' I writing by delivery to the Buyer or to the Buyrr.'s
address hereinafter indicated. The Buyer shall hav. ' 10 r froll Ie giving of such notice to waive this condition hy
notice in writing delivered to the Seller, failing which this fdS:,\shall be null and void, and the Buyrr's deposit shall be
returned in full without deduction. e tt1,/Jf!---
This offer is conditional upon the Buyer being able to arrange financing suitable to the Buyer in the Buyer's absolutl'
discretion within FIVE [51 days from receipt of a firm offer on property at 680 Palmateer, Kincardine, failing which this
offer shall become null and void and the Buyer's deposit shall be returned to the Buyer in full without interest or penalty.
This condition is included for the benefit of the Buyer and may be waived hy the Buyer at the Buyer's sole option within
the time period allowed.
This offer is conditional for a period of FIVE [5) days from receipt of a firm offer on property at 680 Palmateer,
Kincardine, upon the Buyer completing an inspection, satisfactory to the Buyer in the Buyer's absolute discretion. by a
certified home inspector of the subject dwelling, failing which, this offer shall become null and void and the Buyer.'s
deposit shall be returned without interest or penalty. The Seller agrees to co-operate in providing access to the propl'rty
for the purpose of this inspection. This condition is included for the benefit of the Buyer and may be waived at the
Buyer's sole option within the time period allowed.
This offer is conditional for FIVE [51 days from receipt of a firm offer on property at 680 Palmateer, Kincardine, upon thl'
Buyer obtaining insurance for the property satisfactory to the Buyer in the Buyer's sole and absolute discretion. Unless
the Buyer gives notice in writing delivered to the Seller that this condition is fulf1l1ed, this offer shall be null and void and
the deposit shall be returned to the Buyer in full without deduction. The Seller agrees to co-operate in providing access 10
the property, if necessary, for any inspection of the property required for the fulfillment of this condition. This condition
is included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in wriling to the Sellr'r
within the time period stated herein.
This form must be initialed by ;'11 parties to the Agreement of Purchase and Sale..
, t INITIALS OF BUYER(S): (lffJ-&i) INITIALS OF SELlER(S): ~
rn @ 2008, Ontario Reol ESlarc ~~sodolion {"OREg}. All righl$ rewved. This form was developed by QREA for lf1e use and reproduction
~ of ils members and licensees only. Any other use or reproduction is prohibited except wilh prior written consenl of OREA. Form 100 2008 Page 5 of (.
Vv'EBFonns'" Novf2007
~~ Ontario
ReolEstote
.. Associotion
Confirmation of Co-operation
and Representation
BUYER:. }?yr()Tl~!I~) ~l1.Tlif~~l:I()U~~ u.. u.. m u.. m u u......... m u u....... u..
SELLER:.. .Th.~. M.lIl1ic.ipality ()f i.<:incar~in~ . u u.. m.. u..... u... u u....... .... ...
47 Eastwood Crescent Kincardine
For the transaction on the property known os:. .. ...... ...... .................. .............. .................
For the purposes of this Confirmation of Co-operation and Representotion, a "SeHer" includes a vendor, 0 landlord, or a prospedive, seller, vendor or landlord and
a "Buyer" includes a purchaser, 0 tenont, or a prospective, buyer, purchaser or tenon! and 0 "sole" includes 0 lease.
The following infonnation is confirmed by the undersigned salesperson/broker representatives of the Brokerage(s). If a Co-operating Brokerage
is involved in the transaction, the brokerages agree to co-operate, in consideration of, and on the tenns and conditions as set out below.
DECLARATION OF INSURANCE: The undersigned salesperson/broker representative{s) of the Brokerage(s) hereby declare that he/she is
insured as required by the Real Estate and Business Brokers Act (REBBA) and Regulations.
Form 320
for use in the Province of Ontor io
. .
1. LISTING BROKERAGE
The Listing Brokerage represents the interests of the Seller in this transaction.
2. CO-OPERATING BROKERAGE
The Co-operating Brokerage represents the interests of the Buyer in this transaction, It is further understood and agreed that the Listing
Brokerage will pay the Co-operating Brokerage
~ the commission as indicated in the MLS@ information for the property
or, if not an MLS@ listing: 0 a commission oL..................................................
plus applicable Goods and Services Tax, from the amount paid by the Seller to the Listing Brokerage, on any trade wherein the Co-operating
Brokerage has obtained an accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange and/or Lease. Said
payment of commission will not make the Co-operating Brokerage either the agent or sub-agent of the Seller or the Listing Brokerage.
Additional comments and/or disclosures by Listing Brokerage:
Additional comments and/or disclosures by Co-operating Brokerage:
(e.g, The Co-operating Brokerage represents more than one Buyer offering on this property.)
r
COMMISSION TRUST AGREEMENT: If the above Co-operating Brokerage is receiving payment of commission from the Listing Brokerage, then the agreement between Listing
Brokerage and Co-operating Brokerage further includes a Commission Trust Agreement. the consideration for which is the Co-operating Brokerage procuring an offer for a trade of
the property. acceptable to the Seller. This Commission Trust Agreement shall be subject to and governed by the MLS@ rules and regulations pertaining to commission trusts of the
Listing Brokerage's local real estate board, if the local board's ML$@ rules and regulations so provide. Otherwise. the provisions of the OREA recommended ML$@ rules and
regulations shall apply to this Commission Trust Agreement. For the purpose of this Commission Trust Agreement. the Commission Trust Amount shall be the amount noled above.
The Listing Brokerage hereby declares that all monies received in connection with the trade shall constitute a Commission Trust and shall be held, in trust, for the Co-operating
Brokerage under the terms of the applicable ML$@ rules and regulations.
SIGNED BY THE BROKER/SALESPERSON REPRESENTATlVE(S) OF THE BROKERAGE(S) (Where applicable)
i~~~VJ~~k~~~~~~:r.~;i.ii~.E.os.t~t~...................................o.~b;~t~~;g~~~;~~ii!.P.Jr~~:~~l~tJ...
;~;:. 5.X.9j~:6.;o~~9:(::::::ooo~~~o:::::n nn::::.:.o.:::. ;e;.U(~oi~ J~o9.6.:8.{4.~..o~~~( ~i ~j~~HOt9 nn nn n n u
.,...",....,.,......,..................""."."......"""'" Date:.""..",.,..,.,."..........,....,..
{~hori.zed to bind the listing Brokerage)
n. onRoLT.:1.nn:!4 '1':1.&rvTHd?Ln..n 0 O.n On no o.n n.n.
{print Nome of Broker/Salesperson Representative of the Brokerage}
.........n...."....",..""".,..."....,...,.,.,'...." Date:.,."
IJ~'N'Wfi!E~Wf;:~BP.oot;"g/Buyec Book.cog.I
iPr'i~i' N~~~ . ;'{ B~;k~~ /S~i~~'p~~~;~' R;;p~~~~~i~ii~~. ~f . th~ B'r'~ke~~gel
CONSENT FOR MULTIPLE REPRESENTATION (To be completed only if the Brokerage represents more than one client for the transaction.)
~ ~
The Seller/Buyer consent with their initials to their Brokerage
representing more than one client for this transaction.
SELLER'S INITIALS
BUYER'S INITIALS
;n:~i;;:~SSK:~:::::ed ::a~i;~~;~~;~~u is; ...c(~r7~Dote.2~~u~.ju~l~Q~p
iSiiin~iV;;;ors.fl;;;f.P............................oP. Dole:.....................P.P......... rSig.naiVo'. .uy Je~ousePP. Dote:.!?l"l1..'?'O..J.';IW.)'
rn @2008, Onforio Rool Est~~ Associotion (dOREN}, AU rights reserved. This form wos developed by aREA for the use and reproduction F 320
~ of its members and licensees only. Any oth€r use or reproduction is prohibited except with prior written consent of aREA. onn 2~~~"~_~~g:_! ''''~~~