HomeMy WebLinkAbout08 167 Property Purchase (Locum House)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 -167
BEING A BY-LAW TO AUTHORIZE THE PURCHASE OF PROPERTY WITHIN
THE MUNICIPALITY OF KINCARDINE
(41 Huron Ridge Crescent)
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended,
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 Council of The Corporation of the Municipality of Kincardine
deems it advisable to purchase the property described as Plan 819 Lot 199,
Municipality of Kincardine [geographic Town of Kincardine], County of Bruce, and
known municipally as 41 Huron Ridge Crescent, for use as the Locum House;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAG be hereby authorized to execute, on behalf of The
Corporation of the Municipality of Kincardine, an Agreement of Purchase and
Sale for the land described as Plan 819 Lot 199, Municipality of Kincardine
[geographic Town of Kincardine], County of Bruce, and known municipally as
41 Huron Ridge Crescent, attached hereto as Schedule "A".
2. That the purchase price for the aforementioned property be in the amount of
$293,000.00.
3. This by-law shall come into full force and effect upon its final passage.
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Locum House Property Purchase (41 Huron Ridge Cres.) By-law
By-law No. 2008 - 167
4. This by-law may be cited as the "Locum House Property Purchase (41 Huron
Ridge Cres.) By-law".
READ a FIRST and SECOND time the 1st, of October, 2008
cf~;:)~.
or
~~~oil.l1
Clerk
READ a THIRD TIME and FINALLY PASSED this 1st day of October, 2008.
G~~~
Clerk
BUYER,.. MJillieipalitY.ofKiuem:diu(:... ..............................................
(fulllegClI namesof.di.B~yersi...
Agreement of Purchase and Sc:ne is Seheduletllk'lht0<~Liawo"o
gl()(J(r Sf
No. Iln'~' passed the..e!.- day
.- 20.
........~~.JQ
Clerk
.., agrees to purchose f~
MEA Et~~n
This Agreement of Purchase and Sale dated September 18,2008
SELLER,..J OM DO!J.el. and Cm:ole. Douet..
. . ................................. , the following
(Full Jegal names of all Sellers)
REAL PROPERTY:
Address AIHmouRidgeCreseeut ........ fronting on the..North
T fKi di M .. l' fV; d'
in the... .o.wno..ne.m:..ne, Jillle.lpa ltyO .A.".,nem: me...
. side of Huron RidgeCreseent
and having a frontage oLUO.Fe.eL
. .... more or less by a depth oL80.FeeL
more or less ond legolly
described as PLAN.819..LOT.19.9,.KlNCARDlNE,.MUN1ClPALITY.OF.KlNCARDJNE.
'U"'HA".'m"....TW'HMd~N':~~~?~
DEPOSIT: Buyer submitsUpouAceeptance.
(Herewith/Upon acceptance/as otherwise described in this Agreement)
(the "property").
~?JlJ,Opo "
~""""""'<1D-j'CV\j
. Dollars (CDN$)....?"1.I),.\)()V.tJ1t
On(:Tbousand ........ Dollars (CDN$)..J.,Qo.O..OO
by negotiable cheque payable to.. Ceut.uryZlChm:ityBegiusWithYomHom(:..RealtyJnc.,BrokeragflJeposit Holder"
to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on
completion. For the purposes of this Agreement, "Upon Acceptonce" shall mean thot the Buyer is required to deliver the deposit
to the Deposit Holder within 24 hours of the occeptance of this Agreement. The porties to this Agreement hereby ocknowledge
that, unless otherwise provided for 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 shall be earned, received or paid on the deposit.
Buyer agrees to pay the balance as more particularly set out in Schedule A attached.
SCHEDULE(S) A.....................................................atta~h eto formes) part of this Agreement.
.' ~--'er' cD1~vO
1. IRREVWBILlTY: This Offer shall be irrevoca Ie ....... . ....r................ until (l:OOp.m.
)\t.,j\] - '7 'l. .-J (Seller/Buyer)
l ~~.~.
the.. ~~:~ day oLSeptembt::L ...... ,200.8 .., 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 DATE: This Agre~".!I~Oj~ted by no later than 6:00 p.m. on the ..24th.. day
oLJ)~teb.e::r:...,,(a.<!fi>1As::.~ Upon completion, vacant possession of the property shall be given to the
Buyer unless otherwise provided for in this Agreement.
3. NOTICES: Seller hereby app'oints 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
counter offer, 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.
on
Fax No. .(519}396c75.3Q. .... (Focdel;ve'Yofnot;ce,toSellecl
Fax No. ..(5..1.9)..3.96:-:9.109 .......... (For delivery of notices to Buyer)
INITIALS OF BUYER(S): C-S-~d 0.- INITIALS OF SELLER(S): @ J~
m @2008 Ontario Real Estate Association ('OREA"). All rights reserved. This form was developed by OREA for the use and reproduction
~ of its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Form 100 2008 Page 1 of 4
K. dO R 1 E t t Ltd easyOFFER by I ~ Reagency Systems Corp. 323972
mear me ea s a e . ... www.Reagency.ca
OD .~ d) .....:T d fZ-
4. E.XISTlNG CHATTEL~ .INCLUDED: .J?ishw~shI"I~.stOVI".,.cl"ntnd.W\c,.window.CovcringS,stomgC.shcd,.
light fiXtUII".S. .and. cc!lmg fans,.4. WhltC. .cablncts. In .cusuite bathroom.........................................................................
5. FIXTURES EXCLUDED:CabiuetsiuwOIkshop.
6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume
the rentapcp,ntract(s). if assumable:
....................!L-WP,4.~f;...........~4,dt/l!;,<~~'~C,..i-l~.-1..~/}"1~~....~(~...i/~ .......~.
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be..indudedin.
. . .. . . (included in/in addition 10)
the Purchase Price. If thiS transaction IS not sublect 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 ...17th...... day oLOctoheL.................... ,2008 .. ,
(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
~eyct~~q~~J!r7~~;%~~~~ ~~g~ts(;nth~S~r\~lfp~\cb~~~!;i~:fn~~red. again~tri~k.oifi,e... Seller.he,eby .con~enistJ
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 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. TITLE: 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, 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 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 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 terms 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): ~ INITIALS OF SELLER(S): ~
m @ 2008 Ontario Reel Estate Association ('OREA"). All rights reserved. This form was developed by OREA for the use and reproduction
~ of its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Form 100 2008 Page 2 of 4
12. DOCUMENTS AND DISCHARGE: Buyer shall not call far the production of any title deed, abstract, surveyor other
evidence of title to the properly except such as are in the possession or control of Seller. If requested by Buyer, Seller will
deliver any sketch or survey of the properly within Seller's control to Buyer as soon as 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 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 closing funds, a discharge in
registrable farm 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 re9uirement 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 properly 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
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 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 other mortgagee's interest on completion.
15. PLANNING ACT: This Agreement shall be effective to create an interest in the properly 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 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 cost 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 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
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 properly, Seller has not caused
any building on the properly to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's
knowledge no building on the properly contains or has ever contained insulation that contains ureaformaldehyde. This
warranty shall survive and not merge on the completion of !hi~ transacti?n, and i~ the building is part of a multiple unit
building, this warranty shall only apply to that part of the budding which IS the sublect of thiS transac!ton.
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 ,,!ny 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 representation,
warranty, collateral agreement or condition, which 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): S~ INITIALS OF SELLER(S): CoD J~~
m @ 2008 Ontario Real Estate Associotion ("OREA'). All rights reserved. This form was developed by OREA for the use and reproduction
~ of its members ond licensees only. Anyolher use or reproduction is prohibited except with prior written consent of OREA. Form 100 2008 Page 3 of 4
25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned ore
bound by the terms herein.
SIGNED, SEALED AND DELIVERED in the presence of:
r~
\Ao......o~
(Witness) 6
~NESS whereof I hove hereunto 'et:;Jd and ,eal:
. Jp~~~?~ t
.
(Buyer) (Seal)
DATE~P+ /'61 o,?,
DATE
(Witness)
I, the Undersigned Seller, agree to the above Offer. I hereby irrevocably insfrud 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), fram the proceeds of the sole prior to any payment to the undersigned on completion, as
advised the Listing Brokerage to my lawyer.
SIGNED,
:~72Z~~:::01'OM_"! M~~1"
Is€f~'YV.~~ t DATE~+I}08
SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant
to the provisions of the Family Low Ad, 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 effed to the sale evidenced herein.
. DATE
(Witness) (Spouse) ~
011 changes both lyped and written was finally accepted by all parties at
of.s~riOkc_^""""b,,c ..,Z,QqB
CONFIRMATION OF ACCEPTANCE: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with
LL~.m!p.m. this~1~'- ...dV
...~~..~~~">, ,~~-,~,
(Signature of Sell rorBuyer) ......
INFORMATION ON BROKERAGE(S)
Listing Brokerage...Ceutury.21..Ch<lrity.B.<,<ginsWith.YourHome.R<,<,dty.Jnp."Bmkerage..
Phone (519) 396c20Ql Fax (519)396c7530
Co-operating/Buyer Brokerage..
Phone (519) 396c3J96
Kinpardine.Re.al.Estate. .Lt.d......
Fax (519) 396c9109
ACKNOWLEDGEMENT
J acknowledge receipt of my signed copy of this accepted Agreement of I acknowledge receipt of my signed copy of this accepted Agreement of
Purchase and Sale and I authorize the Agent to forward a copy to my lawyer. Purchase and Sale and I authorize the Agent to forward a copy to my lawyer.
DATE.... .
..DATE
(Buyer)
DATE..
................DATE
Address for Service:
(Buyer)
Address for Service:
.. .."Phone.
............. Phone
Seller's Lawyer... .
Address....
Buyer's Lawyer..
Address....
Phone
Fo,
FOR OFFICE USE ONLY
COMMISSION TRUST AGREEMENT
To: Co-operating Brokerage shown on the foregoing Agreement of Purchase and Sale: . . . .. .
In consideration far the Co-operating Brokerage procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all maneys ~Ived or ~~ble by me In connection w~th th~ T ransadlon
as contemplated in the Ml.S@ Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement sholl constitute a CommisSion Trust Agreement as defined In the MLS@
Rules and shall be subject to and governed by the MLS@ Rules pertaining to Commission Trust.
DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sole. Acknowledged by:
(Authorized 'to' blnd'iha 'Usting 'Bro'kerageY"
(Authorized 'to' biricrthe . to:o'pe~~'ting' 'Srokero'gej , .
m @2008 Ontario Real Estate Association ('QREA"). All rights re~erv.ed. Thi.s ~orm was de~elop~d by .OREA far the use and reproduction
~ of its members and licensees only. Any other use or reproduction IS prohibited except With prior wntten consent of OREA.
Form 100
2008
pgge 4 of 4
~~A ~~~
~~ialion
Schedule A
Agreement of Purchase and Sale
for use in the Province of Ontario
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BUYER,MunicipalityofKincardine ,and
SELLER, ...John.Douel.and.Carole.Doue1..
for the purchase and sale of41HuxonRidgeCre~centintheTownofKincardine,MunicipalityofKincardine,
Agreement af Purchase and Sale datedSeptemberlS,200S .
The Buyer and Seller acknowledge that they have been advised that they may seek outside professional advice
such as lawyers, home inspection, surveyors, accountants, insurance agents or brokers, mortgage consultants
prior to signing this offer.
The Buyer and Seller hereby acknowledge that the Province of Ontario has implements current value assessment
and properties may be re-assessed on an anuual basis. The Buyer and Seller agree that no claim will be made
against the Buyer or Seller, or any Broker or Salesperson, for any charges in property tax as a result of a
re-assessment ofthe property.
The Buyer and the Seller agree that a copy or fax copy of the original accepted Agreement of Purchase and Sale
be accepted as a true copy.
This offer is conditional on the 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 within 10 days of
acceptance of this offer that the condition is fulfilled, this offer shall become 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 to 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
writing to the Seller within the time period stated herein.
The parties to the Agreement of Purchase and Sale hereby acknowledge that the Deposit Holder shall place the
deposit in trust in its non-interest bearing real estate trust account and no interest shall be earned, received or
paid on the deposit.
This offer is conditional until October 3, 2008, on the Municipality of Kincardine council By-Law approval,
failing which this offer shall become null and void and the deposit shall be returned to the Buyer in full without
interest or penalty.
The sellers agree to complete the list below, at the Seller's expense;
_ Replace shingles lower front roof - see photo (Estimated Cost $300.00)
_ Roofto wall siding needs 1 1/2" space to avoid rot - see photo (Estimated Cost $200.00)
_ Extend rear roof drainage pipe from eavestrough (Estimated Cost $50.00)
- Caulk exterior skylight (Estimated Cost $100.00)
Continued on next page...
Page 1
This page must be initialed by all parties to the Agreement of Purchase and Sale.
INITIALS OF BUYER(S): n ~L INITIALS OF SELLER(S): C 6f~>')
m @ 2008 Ontario Reol Estate Association ('OREA"). All rights reserved. This form was developed by OREA for the use and reproduction
~ of its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. I) Form 10DA
easyOFFER by Reagency Systems Corp.
Kincardine Real Estate Ltd. .. www:Reagency.ca
2008
323972
~On~riO
RecdEskJ\l:l
Awx:iotion
Schedule A
Agreement of Purchase and Sale
for use in the Province of Ontario
This Schedule is attached to and forms part of the Agreement of Purchose and Sale between:
BUYER, ...M1Jnicipality.ofKinc.ardine...
I and
SELLER, ..JolmDo.u.el.and.Carole.Do1Jel
for the purchase and sale of At Huxon Ridge Crescentin the Town of Kincardine, M\!UicipalityofKinc ardine,
Agreement of Purchase and Sale datedSeptember18,2008
Contin1Jed from previous page:
,..,
- Scrape/paint metal lintels above exterior doors & windows (Estimated Cost $100.00)
- Stain garage door (Estimated cost $75.00)
- Exterior electrical plugs need to be replaced to be GFCI protected (Estimated Cost $250,00)
The Sellers agree to replace fridge with a new fridge (value of not less than $1,000,00) and
oven (value of not less than $1,000.00).
replace the
1J115
& r P y: ~ U e p 1I1J J.- '1 'trtJ (If 1/ L 4. /1/ -r't L t{' eJtP /L.... 1;71/
/lJc'1Pf3f3 R-. 1/ 'It?/)$ Uh?/! '111& vf;/l/I),pf:. Ct?/VP:!(LMJ.v'6-
1/1 fi; P f':, 1-" 1 "l '1 -r () e L-p <; e- {) /II 'i' 1-1 ~ .,tJ /Z/J pe rr? 'r 7'/1 f3, 't' 4/2. r:;;:..
puflC JlIJ~ J./V?
.
~'?
~
Page 2
This page must be initialed by all parties to the Agreement of Purchase and Sale.
INITIALS OF BUYER(S): ~NITIALS OF SELLER(S): Cc.f~ ~J
m @2008 Ontario Real Estate Association ('OREA"). All rights reserved. This form was developed by OREA for the use and reprodudion
~ of its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Form 100A
easyOFFER by I>> Reagency Systems Corp.
Kincardine Real Estate Ltd. }.. www."Reagency.ca
2008
323972
f.)REA Oobrio
........
k5Ociotion
Confirmation of Co-operation
and Representation
for use in the Province of Ontario
BUYER:... Municip!\lityQfKinclm1mc
SELLER: ..JohnDQJwl!\ndCarok.DO\Jcl..
For the transoction on the property known 0", 41.HuronRidgc.CrcsccnL
For fh~, purp~s~s of this Confirmation of Co-operation and. Representation, 0 "Seller" includes 0 vendor, a landlord, or a prospective, seller, vendor or landlord
and a Buyer mcludes a purchaser, a tenant, or a prospective, buyer, purchaser or tenant and a "sate" includes a lease.
The following infonnatlon 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 terms and conClitions as set out below.
DECLARATION OF INSURANCE: The undersigned salesperson/broker representatlve(s) 0/ the Brokerage(s) hereby declare thaI he/she Is insured
as required by the Real Estate and Business Brokers Act (REBBA) and Regulations.
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:
[KJ the commission as indicated in the MLS@ information for the property
or, if not an ML$@ listing: 0 a commission of..
plus applicable Goods and Services Tax, from the amount paid by the Seller to the Listing Brokerage, on any trade wherein the Co-operating Brokerage has
obtained an accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange and/or lease.
Said payment of commission will not make the Co-operating Brokerage either the agent or sub-agent of the Seller or the listing Brokerage.
Additional comments and/or disclosures by Listing Brokerage:
Additional comments and/or disclosures by Co-operating Brokerage:
COMMISSION TRUST AGREEMENT: If the above Co.operoting Brokerage is receiving payment of commission from the Listing Brokerage, then the agreement between
Listing Brokerage and Co-operating Brokerage further includes a Commission Trust Agreement, the consideration for which is the Co-operating Brokerage procuring
on offer for a trade of the property, acceptable to the SelJer. This Commission Trust Agreement shall be subject to and governed by the MLS@ rules and regulations
pertaining to commission trusts of the Listing Brokerage's local real estate boord, jf the local board's MLS@ rules and regulations so provide. Otherwise, the provisions
of the OREA recommended MLS@ rules and regulations shall apply to t~i~ Commission Trust Agreement. For the rurpo~e of thi~ CO':lmission T ~ust Al?reement, the
Commission Trust Amount shall be the amount noted above. The Listing Brokerage hereby declares that 01 momes received In connectIon With the trode
sholl constitute a Commission Trust and shoJi be held, in trust, for the Co.operoting Brokerage under the terms of the applicable ML$@ rules and regulations.
SIGNED BY BROKER/SALESPERSON REPRESENTATIVE(S) OF THE BROKERAGE(S) (WHERE APPLICABLE)
Ccntt'lY.21.Ch!\rityBcginsWithYQurHomcRc!\ltylnc., Br...Kincardiny.RcID.Estate.Ltd. ...... ...... ........... ....... ..
(Noma ~([fSling Brokerage) (Nome of Co-operallnglBoyer Brokerage)
......... ....... ....... ......... ............ ... ...... .......... ....... .... .... ........ .......... ...... .KincardineReID.Estatc.Ltd...Brokerage,Kincardinc,
(~J9)396.~200L ....I(~119.)3.9.6.:7~3Q. .(~J9}39.6.~.339.6........ ................. (S19)396~9.109..
(Phone) I~ (pF.onel (~ax)
(Auiho~i;~d -t~ .bind .fh~ Li~iing .B;';;ic;;;~ge)' .
.,."... Date:.
...Date:
(A~h~~i~~d. i~' bind. fi.;~. C~~op~~~.tjn.giB~~. B~o~;~gei
ip~i;.t N~'~e.;i 'Br~~~jS~j~~p~~~~ .R~p~~~i<rli~~'~' jhe.6~~ke;~~i"
(pri~i Nome '~f .B~okerisoi~pe~;;n. ~p~~ent;ti~~' of the. B~~~~~gei .
CONSENT FOR MULTIPLE REPRESENTAnON (To be completed only If the Brokerage represents more than one client for the transaction.)
The Seller / Buyer consent with their Inltl.als to their Brokerage r('1.J:::.:> ~^)
representing more than one client for thiS transaction. ~, /'
SELLER'S INITIAlS
., - '. .., ACKNOWLEDGEMENT 1,7/
, } have reJeiv~d, react ~understan~e above Information. : $~ \ ~ j ~ I . . <">
" .,,,,,E:,,, _~...~'~/ Dote. "'\.--- c:<="'-~,,^,~ Dote. ii f6(Qi{
{5Ignalu'e(~f Seller) -4 \ \. (Signature of Buyer) /
/ Jj( \... '-' <.1Aj\.. ,'-..r\ Date: Dote. - -tr _ \ q 08
({Slgnotur of Seller) " (Slgnolure of 8oyer) ~
@ 2008 Ontario Real Estate Association ("OREA"). All riShfs re~rved. This form wtlS developed by OREA for the use and reproduction
. lTg of its members Qnd licensees only, Any other lJse or reproduction is prohibited except with prior written o:onsent of OREA, Form 320
K. d. R 1 E t t Ltd easyOFFER by I ~ Reagency Systems Corp.
mear me ea s a e . . www:Reagency.ca
2008
323972
09/30/2008 13:23
5193959109
KINCARDINE REAL EST
PAGE 01/03
How you find
a 9 rea t
feal estale agent.
FAX COVER PAGE
FRm 1 THf~ DESK OF
~ b-"1MA]lGAR.:~T FELL
._ 1111111111111111111111
ROYAL LEPAGE
.........................."...... 1111111111111111111111
Kincardine Real E~late
Ilrnk,',..u.
Irlcl"p.."n~"lIv Ownr>lll1nl'l' n,''''r.,l''''
"""',....,.................,,,....,,,,,,.........................,,,,,,,,,,..,........... ......-m...""..,.,...... ...........m......',,,,..,,.....,,,....................... .'.h...."'.".,.,.
PLEASE DELIVER THE FOLLOWING PAGES TO:
((000 ~E
FAX
(' (;; vL.l -.:..
S\~-3-"1~-
.
'8 '2 '6~
"HONE
CITY~ . r
FROM
MARGARET FELI_
I am transmitting the lrollowing ~~ pages (hlcluding this cover page) Upon
receiving thi5 tronsmis.sion if any pal :es are mi5sing or not legible. PLEASE
CO NT ACT Tlm SENDER.
CONTACT:
MAJiGARI':T FELL
~396~
519.396~3396 OR 519-395-5320
,
FAX
PHONE:
;
.
TODAYS DATE:
3.el~
~c .pi
...0-0 2"
CONFIDENTIALITY NOTE:
THE FOLLOWING INFORMATION IN Tins FAX IS PRIVILEGED AND CONFIDENTIAl,
AND IS INTENDED ONLY FOR THE USE OF THE TNDlVIDULE OR ENTITY TO WHOM IT IS
ADDRESSED. ANY OTHER JJSE. DlSSEI\1 MINATJON, DISTRIBUTION, J)ISCT"OSIJRE OR
COpy OF THIS FAX IS STRJCl1,Y PROf! IBITE/).IF YOU HAVE RECEIVE/) nus FAX IN
P.:RROR, PLEASE IMMEDIATELY NOTII Y US BY PHONE (COLLECT .... N"CI~SSARY). SO
THAT WE MAY ARRANGE FOR ITS Iml URN AT OUR EXPENS.I~. THANK YOIJ.
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P,O. Box f 270,1.11 Q11l.."Cn S11'ccl. 1(;llc~rdiI1C. Onl<lrio N2Z ~Z4 <--J
F~x: (51 'J) 39 ;-'J1 n9 . Email: I.caIIY(Ii:>huroll(cl...n.ca
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Killt"~'f(linc RCIlI Estate: Lid.
Tcl.: (519)3%.33%
09/30/2008 13:23
5193959109
KINCARDINE REAL EST
PAGE 02/03
gEAO"",""
~IEsIafo
A$So~kIHaI'1
Amendment to J. ~reement of
Purchalse and Selle
Farm 120
rOl' use In the P!vvltu:::ft cl Ol1tarlo
.MUNICIPALITY IOF KINCARDI'lE
8E1WEEN BUYER..... ......."..... .... ........... ............. ......."...... .".." "......... ......"............ ..."...... ....m..
...............""""..."........"".................
AND 5ELLER:}9.~..l?Q~l-. ~..G.A:~9.~E.. ..J,?9.~ ....... ............ "........... "......" "..... ..."...... "..""..'" ............ ....".... ...",." ".."
RE: Ag....m.ntofl'u'c~_ and Sale between the Selle' and Buyer. c Bled l~e ).~.tJ:I"."."""....".day of.~J!::P.P;:;~~....".............. 20..o.~""........"
41 HURON RIDGE eRE ;CENT KINCARDINE
concerning the property known 89... ..........,.........". ,....___.... ..........,.. ,.........!',.,.......,... ."'H_'"'''' ,.., "........,... ,..........., .. ...____n.'." "..... '" .,...., ,. ,.....'...
. .nnn........' ......... ,......." .........". .........", .......... .,.,..N~ ~.~1.7...." ,........., .". ,8S. mort. particularly d~l1bed In the aforementiohed Agreement.
The Buyer(s) and 5ehr(I) h....ln ag.... kJ Ih.. felIowlng A n.ndm.n11 kJ Ih.. afo....rn.ntlaned Agr8em..nl:
D._:
This offer is conditional unti14:00 p.m. October 1, 2( 08 upon the Vendor confuming the ability to close on the property
they are purchasing.
INSERT
This offer is conditional until 4:00 p.m. October 14, ~ 008 upon the Vendor closing on the property they are purchasing.
IRREVOCABILITY: This O~er 10 Amend l~e Ag",ement shall be '''''' :>c.ble by..S.!?~;r"~"",...........!..unm.4.:Q<l.....,,.P.m. on IheJ,~L"..".".......
(SaIw/EluYRr)
d.y of .Qg913.~....".."..."........., 20..9.~..." a~erw~lch time If not aceepled, this O~er to Amend the Agre..menl. sh.1I be "ulland void.
INITIALS OF BMR(S): ~ lI\lITIALS OF SEWR(S): ~
[B
.r....'''.
o :1006 Ontutlo Real hlu1e AMacJcdIo", De ,.at .1.......,." ....hUh'" or repMuclng Ihe 1Itarnfmr1 p.......tlpartlCl".
F...... 120
0412006 ..... I ol:t
\A/I!!II!Ic...__T1I"~"ll'\N:I
09/30/2008 13;23
5193959109
KINCARDINE REAL EST
PAGE 03/03
For \tie purposes or thIs Amendment 10 Agreemef't, "Buyer"" Includes pun::haser, tenant:. and Jesgee, And "Saller" Includes vendor. landlord. and lessor, and
"Agreement or Purchase .and Sale" Indl.ldes. an Agre8l"nant to Lease.
Time !;hall In all respecl'i be Of tl1e essence her!:!of provided thsl th~ time for doing or completing of any matter providt!d For hefeln may be extl:!nded or
abridged by an agreement In writIng signed b~' Seller and Bt:Jyer or by theIr respectIve solicitol"'$ who are hereby t:!xpressly appointed in thi~ regard.
All D1her Term. and Condllfonl In Ihe aIfonllnenlloned As !reamenllo remain lite same.
in the p......nes 0/:
.. ...................."""""..! DATL.~.~..~~"........
............... ."..............., . DAT~!.?':'l..~~
. (Seall
I, the Und...ignod, agree 10 the above Offer'" Amend the Agr..'" .nl.
SIGNED, SEALED AND DElIVI'RED In the p.....nc. 01: IN WlTI ~ESS whereof I hove hereunto ,.1 rrry hand"a,# seal:
iW{l,..m.~...Cu,..."..........".......................~"un"lcIpi;fy~~.~,... ! DATE~.,f~o.Lo'it
................................................................................ ..........., ..................................................................... . DATE.........__........................,
(WI"'''') {Buy.r/S.1orl (S..II
The Undenligned Spouse of the Soll.r hereby c;(Jn,.nts to tho Amendl oellls h.r.inbefore set aut.
....---............
{s..~
DATE...................................
iWii,;:;;;j..............................................---.................... is;,:;.;;;.}........'..........................................
CONFIRMATION OF ACCEPTANCE: Nafwilhatondlng anylhlng c lntoined he...in to the conlrory, t confirm this Am.ndrnent to Ag....m.nt with 011 chong..
both typed and wriJlen WOs Hnollyoccepted by all parties 01............. "...... ..m.lp.m. thi............................doy 01........................................, 20.9.$........
&~~~di'._
AC (NOWLEDCEMEIIlT
I ocknowiedg. """'ip' 01 my signed copy 01 this ,occepled Amendment 10
Ag.....ment and I ouihorize ihe Agen. to forward a copy to my lawy.r.
I acknowledge ..esip' of my signed cOpy of ihis oeeepted Am.ndment to
Ag...m.nl and I authorl.. the Agent 10 forword a copy 10 rrry lawy.r.
iSiillirj'...............................,................................,.. DATE......................
!a;;yorj............, ......... .................... ............... ........... DATE.. .......,... .........
MEMORY TRANSMISSION REPORT
FILE NUMBER
DATE
TO
DOCUMENT PAGES
START TIME
END TIME
SENT PAGES
STATUS
FILE NUMBER : 589
589
SEP-30 13:56
5193969109
003
SEP-30 13:56
SEP-30 13:57
003
OK
TIME : SEP-30-2008 13:57
TEL NUMBER: +519-396-8288
NAME : MUNICIPALITY OF KINCARDINE
*** SUCCESSFUL TX NOT I CE ***
OJ/~OILoo~ ~d;Ld
01 ':l.:I':Ib ':I 1 I::l':l
KINCARDINE REAL EST
PAGE 03/03
For the purposes or this Amendment to Agreemertt,. "Bu}'@r" Includes pun:haser. tenant. and lessee. Rnd "Seller" Includes vendor. landlord. and le5!>Ol". and
"Agreement or Purchase .end Salelr Includes: an Agreement to l.e8l!;e.
Tima shall In all respee:u; be Of Ute essence hereof provIded lhst tttE time fOr doing or completing of any maner provided for neroln ~8Y ,bE! ex.ti:!nded or
abrIdged by an agreement In \lIIrltlng signed by Seller and B!3)'Sf or by their respective solicitClrs who are hereby l:!xpressly appointed In thIS regard.
All D1h.r T.rm. and CondlHon. In the aIID",M8nHo..ed '" ..........nt to remain the .am..
in the pres&nce of~
.. ................................! DATE...~.~..~~..........
............... ................... . DA~!.:?1...~?5
(Seall
I, the Undersigned, agree 10 tha above Oller Ie Amand tha Agrae'" 'nl.
SIGNED, SEALED AND DElr-lERED In the presence af: IN Win JESS whereof' have hera"nlt> ,a' my hond", 0,# seol:
(W;C:...,.Jd...r...&,........................................~P~i1Y~t"~.&l.... ! DATE~.:;f~o.lp'i(
.:.............................................................................. ............ ..................................................................... . DATE....................................
(WIln..,) (IluyorlS.1erJ (Sea~
The Unde"lgnad Spoooa of the Saller hereby COI1!l""" to tho Am<lndl..nil: her.inbefore set aul.
iWih.:;,;;j..................................................................... iii~.;;;.j.. ",..... ............,.. .............................................. ! DATE...................................
CONFIRMATION OF ACClPTANCE: NaM-ilhslandlng anything e ,nlaintld he...;n Ia tho conlRlry, , confirm ihis Amondm.nllO Agraamen! with 011 chong..
bath typed and wriJIen wa. Rnolly aOOlpted by all porti.. al............. ........ ..m.lp.m. this...........................day al........................................, 20.P..~........
~~~~~-
AC (NOWlEl)GEMENT
I acknowtedge receipt 01 my .igned eopy of this accepted Amendmonllt>
Ag_t and I aaihorize the Agent to ferword a eol')l 10 my lowy....
1S<;11e;j'................................................................... DATE......................
is~ll;,;i".. ................... ...... ................... ........ ...:........ DATE............. .........
Address far Sarvice............................... ................... .................. ... .......
..........................................................T.I.No............................. ..........
Sall.r's Lawyer........ ............. ........................... ........................... ... .......
Addr.......... ........ ........... ............................ ........ ............... ........ .........
....................il.I.NO:............................ ....................FAii'N;;,.......... ..........
IB
, ocknowledg. receipt 01 my .igned copy of this oeeepted Am.ndm.nt Ia
Agraamonl ond , outhori%o the Agant to farword 0 e<>py 10 my Iowyar.
1~;;Y<<I"'''''''''''''' .............. ........ ................... ........... DATE............. .........
............................................................................ DATE......................
{i"'l"'l
Address for Servit:Bo.u. ___'_hn, "..... ...... ,.....__n .........."...." ,_. ......_........,... ....
........................................................T.I.Na..........................................
Buyer'. Lawyer.......... ................ ................ ........... ..... .................. ..........
Address... ...... ..... ................ ................. ...... ............... ............. ..............
............... .....tOl:"":.................. ........ ..... .............. ...FAX.NO:.... ...............
CI 2006 OntlD'lo hot &JImr JU.ocId...", h not' aI,," when prtnlhll or mproduclng the sIand!Ird p....... pDriJMl..
Foms 120
04/2006 Po,.2 of 2
WEBFormsnll MllrJ2006