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09 186 Mary Street Land Sale By-Law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT c�rpnn BY -LAW NO. 2009 - 186 BEING A BY -LAW TO AUTHORIZE THE SALE OF PROPERTY (Plan 114 Lot 17 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 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 114 Lot 17 Municipality of Kincardine (geographic Township of Bruce), County of Bruce; AND WHEREAS an appraisal was completed by the Municipality of Kincardine on January 30, 2007; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to dispose of the aforementioned property; • AND WHEREAS the Municipality of Kincardine has received an offer to purchase the aforementioned property, in the amount of $17,000.00; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: That the Mayor and Chief Administrative Officer 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 114 Lot 17, Municipality of Kincardine (geographic Township of Bruce), County of Bruce, and to affix the corporate seal of the Municipality. 2. That the sale price for the said property be Seventeen Thousand Dollars ($17,000.00). 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 be credited to the Municipality of Kincardine Capital Reserve Fund. /2 Page 2 Mary Street Land Sale By -law By -law No. 2009 - 186 • U 4. This by -law shall come into full force and effect upon its final passage. 5. This by -law may be cited as the "Mary Street Land Sale By -law ". READ a FIRST and SECOND time this 16 day of December, 2009. �4c r_ g Ma r Clerk READ a THIRD time and FINALLY PASSED this 16 day of December, 2009. CTC,� 2 �� May Clerk • 01/,12/2010 10:17 5193969109 KINCARDINE REAL EST PAGE 01/0 01/12/2010 00:27 5193892046 SNYDER DEVELOPMENT PAGE 01/02 07 Jan 10 03.46P Maithel Lee VVllson VUv —h -IMo p',-- Gm = Armjmdmwt f o - meant of r T� P urchase arw so mein 4w Pm.ln�v o�c JiE11" xUTwtM! . i.. ............. ........_....................., ....... ._............ .............................., ............. ...... ........... A AND ttt —I....... � o ..... c�uaiac ..,... .,. ...................... .......... ............... ............................... _ ...... BP: Agm g ent of P4rchme and Sola bctwsan M* Sollc r and Buyer, IoW the . N 5 .................. .deyr n@ nio',i ember gp conoa the properly k n4..n 06 .17 MARY, 5T., UNDEM -WOOD .._.._......... __.,, ....._ .._.. ..... ........... I....-- ...... KINC IPIIE ,Ni1G 2T0 .... mom ��icu�lp d000gbad in the o6vmvr*vned .................,............,.....,,...................,. .,.,...,.........,........I.... ,............ in 9) Cod Sener(rl Flow "no to ttna faa A!NNe w.. —Nfs 10 the aro enai"Gro d Agrem"O l3 1>,sert: 1Agw Dwcdpticm Doloto; LA.1 114 LOT 14 BRUM'Z'VI+,Y', 91 UN, OFKWCARDINEJ. Ihnm ct. tan 114 L*% 17 Bn�c Twla. [Man, of Kiinew dine). Ca1np1 Dale. Maw rabor 16, 2009 lnsrrt ry 22, 2Dl D BW . Delete: "ie Li Imem J yX or DEvdaptnettt Cotpontlon 1=. p a � ��� � I �IqN�. 7111 YICDf�NE'O,�I � bJ brti of romalkhm =kil lm eMraly uNrlgsDC�ld� +apcAt�d�re�11.�II�pAq� RI�rA�fW611 Co odbrwl�eprlkigernrpoda }PAOROWPM"P*4', Fin" 120 201D v PVW eF't �_.r rnu. 01/1212010 r 0111212010 07 Jan 10 0 ACA day of 10:17 5193969109 00:27 5193892046 Mefifiei Lee Moon KINCARDINE REAL EST 5NYDER DEVE LOPNEN f 511i400'b 10 AM r)d 40 ik@M~ AW1 be Irn hoonbla bye. J _ ..... urrdl..6.a00.... P,m, PAGE 03103 PAGE 02/02 P.s on Ihe, l lth„ after which titre, tf not ucceptod, thta 0Fw %Amend will Agnoreani Ad be mug ood void, For the pa as of di's Amch*h ni to Agmilmonl,'bre 140 pun twor and '.allot tnaludeA ,mndW Time AWL 04 iegmda be O F the ewers {rmtorrF uded tMt 0•c Lin! for dawp or eo l0p�rr� of COY. 101,1W prp d For hwn mod bn dwldgrd an egnrsnlant In wrlling signed by Seger aed Buyer c f� Ihelr raApeeiiv. sdtaRen she are 1MV bl► appelftd In 9b n AO soar mad 4lmndbltiene M d" araAenAeAdonad A •paamtent to ■ummul r the semi. SONED, G I, lbe AND DFUMI D in dte, pMwM 4, 1N wn'raw whm oaf i hm Ihee ma set my bdo oad anal: ' ........_ _ .................. m-IL apm to the above 0%r 4s Amid the Agman ant. 8101 rt?, 31 D'AND In lie premnae o6: IN 1Mf'4 whamd 1 hme inlemb Aat my i Whj I ... . IiA'tii+; ......... ................... — ...................... _ _....._._ ........ . Poll *fie th+�t bath "ad Spatafe of Ifre Salk ftereby oanme a is the Amend •eec& limumiebabre set ad. �tl DATE-- ... ...., ... or ..( G ON Of ACCWUMI Nw0f duncI tg arThing t wtolnad herein to the =mhm I oonl'irm ti ' Amondmael to Aeu mmtttrr 1h all ch mgei "flu" wea flmltr aceepw byall padtae lai .l�.T�It�O......L_ E \.....dElgr of. ..C� r , r_ t ��. . 201 AC' i veleta o rt duo_ I ad of Aa roamw rind 1 a tit Adderss for i5®Aer's A CHI. �'fR....... ela >mae� n..w "T• dQa ■ 1Fta A tf' to °E Ht�s aacpfod Anbndmc+it is i pe m 1M► e d aopt of il�h - ooapkd Amondmont d q a spar to try lo*W. Agm mm* and I N 1� to mowed a espy to rir 610r. .... Z .. I ............ ,....N .................... fJMI?, ........ ............................... SATE................. � .. .. Mn.. -Ak AdetraAa San�ies .. 28 �!!i..:... F !uxw�;R,i, . li 09C�' .. Tel, No ..... ..............................1 - �f_V.__.• ••• u . n..,.r. •• r,. ..n uN. a t,'oiuinrl;ti��na, �5 "i a'�t' es '� e °r �Ibar� "S'�e�r£ ....... "..,,..._.. '�' ........... ....u. _ alb ............................. . ................ ...... ....................l...,..,N.. N.......,..._..... ,. ......,....... ................_..,....... . ......... bn rck%1. A1dpbeusrne11I8 fem.mdwd+pe iw asandngaeiibtoed♦ brew eidl�sui 1„ DA�eedmepi , *r r ll � +Irwtr.nwima.adEAM.an. de *Wo pip" cromm -,- �*Wimeads mmftu. As 1 0 M 2010 Pear of 2 W -18 -2009 08:41 FROikMICIPALITY OF KINCARDINE +519- 898-8288 T -195 P.002/007 F -029 Agrwmw* of Rumhase and Sale ?wUWMM9aLmwnu 7US Agreement of Nwdme and sate doted this. -l......... ............ .......... ( 16 y o f November ............................... 20 BUtfW. M ............................... .Wine ; nfl -T ajRisj............. _........................... agrees to purchose from M •- M- m- 4- .......OW n .................... ....... ............ ............. . . . .. the following MUL rt'tt A ldress. MARX ST ...................... ............................. fronting on the §R ...................... side Of 11ft . Ste ............ ................. in the R9lumici alitX of _ -.. KINCA�iJ7IlVE and having a frorrrtge of .SQ:68 :. .. ....................... more or less by a depth of 1G3.68aet ... ...... more or less and legally described as PLAN Ii4 TAT Y4 MTTGE;rV4 LMUN OF SINGARDR ] .. ................ ............................. aeiaipalos fa>� trill rng eosanie�ts iiot t tct$ed - .. .._............................ (the "prope►ty "). PURCHASE PRIM DoUcr3 (CDN$) $17.000.00 -. Scventem Thousand ..... ............... ......................................................................................... ..•--- ...................._..., ........................Dollars DEPI MP- Buyer submits 9R Aaoelos dherxRSe d'm ti�i'e Agismo;; - • .... .. .................. Five ...................................................... ............................... Dollars (CDN$r ................... ....... by negotiable cheque payable ta4ff L LEEPAGE SINCARDM REAL ESTATE Br�aSe "Deposit Fdotder" to be held in � p oanF"m or dher #xttairadion �d to be cradhed toward the ftmhase Pft o cornpleliart, For the of this Agreement "Upon Atzjttance° shalt me= that the Buyw is required to deliver the deposit to the HDeposit within 24 hours of the gre eptonoa of This Agreemen t hereby aclmo�nriedge that unless odrervrise provided for in this Agrearnerd, the t The parties ib this Agmemet Holder shall place the deposit in #W in ike Deposit Holders no"Wrest bearing Real E*,* Trust Account and no interest shall be earnreceived earned, re or paid oe the t to pair " Force <S tftore PwItiCIP&MY m* OR* in SduuAle A aMatciumL SONDULE(S) A M .... ............................... ..................aMaclW stet eft Oam(s) paint J* tliis Agreement. 1. MMFVODCABMM This Offer shall be irrevocable by . Ay 1w {;ear ....,... „... r nt A. - ,,,- „......p -M- on the . g$ . ............................ day gf oy ?ber ... .................... 20.92....., after- which time, 9 not occe-pted, this Crier 5W be . null and void and the depasit shgA be returned to the Buyer in full W*W inl 2. COMREMN DA'I'S This Agreement shall be completed by no later than 6:00 p.m. on the .1 - - - -- ... d of Decmdb ........ 20M..., . Upon completion, v*=It possession of the property shall be given to the Buyer unless othervva provided for in this Agreement, 3. rece to rhos Seller h exe#ty rtls the UWng Brakerrage as Agent for flag puwrpose of 9"rrrrg acrd reGeiwru� ho rns pvrsa aret to this ntsevr�ent_ 'rte ° it C070I g � * �+ z af.” Ruyer in this I to this hereby app oints r►Qt ce "�t as A for the of giving and lvhng counter offer noiics a n9 P trerein w sham M g. This otter, any the address � service, in q .4ement below, or where g iven kits � mrmbw is when hand delimrad to provided hemp, when vansmined e6&on:;W to that facsimile number. FAX Na. ............... ............... lW d@6wy of nc*ns m sra je4 FAX No.. ............................... (For rlattrery of MA= to Buyer} BMW" or � . � JE iMIAiS t# MUMS): vZ0VR0rtroR�dSm+lsedblenC�7. ; P 9 Pon. tats 1 18 POW t oi vY Mft"W 1NOVMDW NOV-18-2009 08:42 FROWNILINICIPALITY OF KINCARDINE +519-396-8288 T-195 P.003/007 F-029 4. CNXM&5 MKLUDED: none FUUUM EXCLI)MM UOU0 6 . MMKM MMAM IM following equipment b rented and m* included in 16 Purchase Price. The Buyer agrees to ass ibere"fol cons rad{ ' Ifassumaw . ........ ................................... ...................................... . .......... . ............ 11-1 ........ I ..... III ... —1 ........................................... . ... . .......................... 7. Oft IF#& transaction i su biW t C. and Services Tc, (G.S.T.), *,en , i= &W be i i %. .. ............ 1WIM ign 10) im Purchase Prim. If ft ftnsq i no t w *d to G WI agrees 10 cw* on or before closing, that the transaction is W subfud toGS.T 8 . TM SEAWh Buyer shall be allowed wW 6W pin. an the 1 .................. Deoember ..... cbrow., ............................... 20A ... u Mon D* examine irM the tide 10 the Property at Buyer's ow Wq OW "I the earlier & fil thirty dap from Ze of the Requisition Date or the dab on w hich th cond"kM in ft Agrmvw are Wed or otherwise waived or, (ii) five drys Firfor to —pletion, to ad* Buyer dx& them are no oubkrding wort¢ enders or defiewmT notices affecting the Property, and chat iRs present use (. bm�dir�_lot -) may he !aw£uNy eominued and Cleat the prinnaFa) beridefing may be iruured o��irest risk of fins. Seiler leereby cortsP.rrts to the merle or other govemmeeitai agencies releasing tb Buyesr dstmils of al# outslaredmg wotic orders and d®liciancy notices thre property, anti Seller agrees to execvle astcl de}"iver such furfiter � in this regard as Buyer may rsquer�e.. 9- RMMM USE Seller and Buyer agree that if tere is no representation or worm* of any kind that the fubxe Intended use OF the PrQP" by Boyer is or i;ill be lawful except as may be s p ec ifk a ll y , provided for i *b Agreement. 10. TMft Provided that the t& to the = is good and free from all Ma restrictions char ncumbrarxxis ampt as otemi ap - see, liens, and e * pni� in this Agreement Z am wW a restrictiom or covenants do run W M I tb- mmo for (q) my registered pr&Ad* - mun that slich cm compil w ith ; 1b) G.W rg 6k6 car C5`4 Pookkired cmaraments with pu6lidy 6W u#M providing such how been Compiled W i t h , or 30affity has bimn posted to ensure compliance and con or mqiA.,W hlay; (q I as evidenced by a 6w from the relevant municipok d d r;r easements for The supply at do utility or telephone services to On property or 0 ecisernents for dwinaiji, storm or sanitary sewers, public u ft nines, do es, oome lines, cable tweviskift lines or not mciwkdly uFad the use of 16 p=rb If vAhin q the specified Hmes referred to in paragraph 8 any VCAWd obiscii CM to rde or to ouldmid"? , work or defidw not, or to the In fad 00 said pMMU LM not be continued, or d red against risk of fire is made In writing to r and wh Seller is MWER O or urmiri - 9 f-01-1 I 6 AWIFIR not be - rnsu affICYR, rarleZ or satisfy or obtain insurance save and a= risk of fir - me Bur and ony mortgagee, (with al mk*W costs of 16 e of * Buytir will flat waive, this A g ree - rnwit notyiq�iidinq any b0armediab acts or in ra= crio Of such ob0ns, shall be at an and and -11 monies paid shall be returned wifluxt interest or dt�ducflon and Iia61e far any cash or dmmges. Sam as to any valid de iwv by such day and ex for arty objection going td the root of + We, Buyer Ad be conclusively 11 - -1Nhare each of the Sed#esr and Buyer retain d ;7 the ML 0 and agree Sh Ic Reg the exchange of Closing Act, 5,0. 1991, arty amendments thereto, the {Ian and Buyer - a knNyw to compleis the Agreement of completed skmiminic registration Punuant to e g is WlWes and 16 m6m tliered to g Seiler ang Buyer well (a) W occur at the same* firne, a the Ist o f th tra (arid any other documents intended to be re . qLOwvd in connection with the compkftn eaF frxicssadim) be subted to oxidmins whereby 16 iq�q mceiving any of the Requisk Deliveries will be requi to hold sum a not release same awapt in appordance With the terms of a docknent reabbution agreement be die said 6Tpm The Seller and Buyer irrevocably instruct the said km7ers to be bound b the dlocuiiW registration agresmea whk m PW h is commeiWed %m tune to time by the LQwS* 6f U Can ada , Unless otherwise WMW to by t la. , such mg0wrige of t6 Requisite Deliveries will omw in opph�cble Land Was Office or such other location to both lawyers. 12. DOCIMMM AND poolARM &W shall not a A f t h e pv OF a iy deed &*ad, survey or other I Sam" deliver any Acich or MrVey ofillii Popedy W" SOWS control *I to Buyer as man as possible the ' isition Date. If a & Of MY Charge/WW�e held by a corporation bworpormed pursuant to *A Trust And Companies Ad MUMS OF BUY111145): 5 c OF SELLMM 141�� **— lhfiv^w d% , Mwbm" " I : T44�K�o 9 L R j.*.WWpw, Pwft 140 MW Pago 2 of 5 ---- VMMW,WM"NWdM )Y -18 -2009 08:42 FROM-Mflk11CIPALiTY OF KINCARDINE +519- 396-8288 T -195 P.004/00T F -029 (om). Chattered Bank, Trrrst Company, Union, Cadsse Populatre ar 4xsurar�oa Company and which is not to be assumed by on aann000m, is not available in reg a form on ootripderion Buyer awes to aamept Seller's lawyer's peKSOnad undertaking kr aMain, out firs dosing lards o discwrge in ragTskable �orm and i4 *am, or cause same to be tared, co tole wi6rim a neasorrable period o tree after coprpietiort, provided that an or belie complefaat Seller shoes c stag prepared by >F� mortgalgee setting out the bokaroe rekprtred to obtain the "lie, ele nic honsinr system not bbeZ used, a dmeclton executed by Seiler diredrng paymere Cher of the amount to ataiairf tiro +t of the balance due on tornpfetaon_ 13. I�i� had the oppartuaity to irt4pecF the property and understands tha upon q m� a bind "she a addweener aid Seller. The and e�raxa that e'°°ept °a te!oaY v+nide in Psd &war � 74 Rri9li>81ttNCIft AD buildings on the and al other things being purchased shall be and renrdin until completion at the risk of Seller. Pending aompl and shall hold all insurance policies iF M and the proceeds thereof in trust for the parties as their interests may oppow and in the event of s t3amKige Bvpec may either terminate this Agreement and have all monies palf returned wbhout irk or deduction or else ta(<e doe of any insurance lob and complete the purchase, o kauranee shall be transferred on completion. 0 Sei taking bock a Chargs /Mortgoge, or Buyw is assuming a Charge! e, Buyer shall a& Seller with rule evidence of adaquaae insurance to prole& Seller's or other mortgagee s int�t an comp ton. 1S. PLANINDW Ad7Nt This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control prWtions of the Planning Act by completion and Seller covenants so proceed diligently at his expense to obtain any necessary consent by comple#en. 16. V0CUAVNF PWAROXV& The TronsferlDoW shall, save for the Land Transfer Toot Affidavit, be red in registrable= farm of the expense of Seller, and any Charge! to be warn back by the Buyer to er at the expense of the Buyer. 9 req _ by , Seller covenants �rans6ar to be delivered on completion shall contain the staftments ckmternpia�t by�n 50(22) of the Planning Art, B.S.0.1990. 17. �Ci . Buye shall be credited tawrfrds the Purdresse Price with the amount, if any, ryry for Buyer to pay to the Ming of tVati Revenue to satisfy Buyer's liability in respect of tax payable b Seller under the nonresidency Provisions of the Income Tax Act by reason of this sale. N w shat not claim such credit tF Seller delivers on completion the prescribed certificate or a statutory dedorarm fhat Seller is not then a nowa klent of Canada. 1 B. Ai XZTMdNM Any reins, mortgage interest, re* traces including local improvement rates and unmefered public or private utility charges and urtereteced cost of fuel, as appl icable, shall be apportioned end allowed to the day of complelim the day aF completion itself to be apportioned to Buyer. 19. PIROPEtTY ASSMAIININ. llre Buyer and Seller hereby actcnavvledge that the Province of Ontario has implemented currant value assessment and properties may be reassessed on an annual basis. The Buyer aid Seller agree that no claim will be made against the Buyer or Setter, or arty Brokerage or Salesperson, for any Uomes in property tar as a resuk of a re pent of the property. 20.71W iJ1WM Tana shall in all respects be of the emnas hereof provided that the time for damp or completing of arty maM0r provided for herein may be extended or r�ridgedby an agreement in wry signed by Seiler and Buyer or try their respective lawyers who may be :►authorized to that regard. 21.'>FiIR WB: Any lender of doom ants or mo my hereunder may be made upon Seller or Buyer or their respective l*WVVM on the day set for eonppietiam, Money may be tendered by bank draft or ctreque aeriAid by a Chacipred Bank, Trust Company, Province of ©atarfo Savings Cmw, Credit Union or Caine Populaire. 22. tFiANNLY KAW ACE Seller warranis than micinal consent is not necessary to this transaction under the vvui ins of the Family taw Act, R.3.0.1990 unless Sellers spcwse has executed the cooked hereinafter provided. 23. UF1Fik Seller repro and warrants to B that during the time Seller has owned the property Seiler has not caused art butkfrng on theptaperty to be Ena, with msulatia► eorrtainirg ureafarnunidel►yde, and drat to the best of Seller's knowledge no lnr Ingo on the property contains or has over contalriW insulation that contains e. This warranty strol suuE l Vlve anal not merge on the completion of this n, and if the budding is part pie unit building, this warromty shall only apply to that part of the building is the subject of this transaction. 24. � The Buyer is X st no�i�ied dm* a per report oeniaining n& and /or pew diaett nn�iee may W refFetred !o xa a mned6n wf h t! b 8rmmo dkm 25 . � R there is calfl w irt between any pmpvroian added to lids Agreement (Including hereto l Pro to do such aordiid or di pwe '(i hereof, the including solid consiba the enthelAgreetna* bet aveen Buyer and Seller�is no , vxm Schedule aKocdtad or cmIdlfion, which aEEeciss this A&ement o6rer than as ' 'WORD` c wmt, S agreement w moons expressed herein. Far the proposes of this Agreemtero; Seger means vendor and Buyer moons pwehoser. This Agreement Ad be read with all change's of goisder or number required by the corned. 26.'tl M AND DAME; Any rolbrerwo a time and data to this Agpsernerrt Ad mean dw me and datewhere the p vperty is louvred. 104M LS OF BUYER(S): 5 C. HIMUL[S OF lS)s s2MP,QWA motrsa magknrasi R a- r�,.a n�srena ,�sdrd�dbratfnu.lesmaw,.r�ed ..Fb ' aW ho as 1 1 8 // 2 9 �ri/�r �w�adu�enkpdxEp�d *�p+rihp�w,.iinan�aFCeFAaanardr npidigerapaderydm*.& I"POft Fa 100 � / Poae3�fs VY®Famd'kavrmoe 27 f by the U and of *: eye �if�.� ft~[�[fiav�[iaean�a��t�fsmd�eak civ%z_ u �f �= ,- &am*p to my fanw- , WAIMAMIDEMM rep *0 PWOM SA?Rt� a e � 3 se[ agr gvuw @ too* p 76 �ksa mvw*w Sp om -of #m Sw r � iQ ]he pm=rt cs rrs W fam and to *0 S064;v cfnqps � f� aag�,:,g�ordae�€�rnso+fa�eEa yj anrf mv�ms e�tw�efOffak..�.►. +,M,.a�..e.er..w........i61Jy R A_ aaeFSo�oeiartbaA ionrawdQQ' MYfnwr s* C wt de rer a.own -g'irn r S. � ww A*km for 3 ...,. _._o.. < -... 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L 40 �Sfl This Sus mAvtbe iafd by of twie a to the of R=hmo orad Sci6- pda r9rwniea6G4Afi�nwa6ewtw�ph�ge p.�ydRdrorNdr,�ewa f%aa Ida . 2" vimp4f;o3 W�'i7m:�ISOMR9C& 11/18/2009 z 1, OM O Real ntaErio state Notice* Fulfillment of Conclitioll Form 1 24 Association for use in the Province of Ontario BUYER,.Si�jie Li ..................................... I......................... Municipality of Kincardine SELLER,. ............. . ............................... REAL PROPERTY .,17 MARY ST., UNDERWOOD .. ............................... BRUCE TWP NOG 2TO ....I............ ........................................................................................................................................................... ............................... In accordance with the terms and conditions of the Agreement of Purchase and Sale dated the .. day of. November 20.09 ............... regarding the above property, I /We hereby confirm that I /We have fulfilled the condition(s) which read(s) as follows: This Offer is conditional upon the Buyer determining, at the Buyer's own expense, that a building permit and approval from Saugeen Valley Conservation Authority can be obtained, to the satisfaction of the Buyer. Unless the Buyer gives notice in writing to the Seller not later than 6:00 p.m. on November 27, 2009, 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 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. All other terms and conditions in the aforementioned Agreement of Purchase and Sale to remain unchanged. For the purposes of this Notice of Fulfillment of Condition, 'Buyer' includes purchaser, tenant, and lessee, and "Seller' includes vendor, landlord, and les- sor, and "Agreement of Purchase and Sale" includes an Agreement to Lease. i DATED at....... .�1;,p..�' 1.1. 97 ............... Ontario, at 4— 5A ... a.m p.m. .Ve— , this..... /..�1.. .. day of ...�r�O t. .�a.�.r..... 20..0.1. . SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: DATE ... �.l... t.�. ,..s.Z- �........ .. 0 (Buyer/ e er) (Seal) ( Wftness ................................ ............................... .f3u-et %Selfer ( DATE............. ............................... l) I Y 1 .......................... .............................. Receipt acknowledged at ... ....................a.m. /p.m.., this.......... ............................... day of.......................... ............................... 20..................... by: PrintName: ................................................................................................ Signature:........................................................ ............................... ®' © 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 124 2008 Page 1 of 1 WEBFormslm Nov /2007 m e= Agreement of Purchase and Sale tor use in the •rovince of untano This Agreement of Purchase and Sale dated this..!. ........... ....... day of November .................... I ....... ... 20A.... BUYER, ijie Li ................................... agrees to purchase from names .............. SELLER, Micipaii of Kincardine ...... ...................... . lf I ...... I .......................... I ............. I .............., the following (Full legal names o I a S s) REAL PROPERTY: Address. 7 MARY §T-.%UNDERW .................................. ..................... fronting on the Soutar ...................... side of. MaFY-S!!e�qt. ............................ . in the Ni un cxpal tx Of ..... KINCARDINE ........... ......... I .......................................... and having a frontage of . 80.68 - feet .......................... more or less by a depth of .163.68 .feet ........................ more or less . ....... .... and legally described as .PLAN 114 LOT 14 BRUCE TWP, DAUN. OF KINCARDINE1. .................... ............... ...... 11— ................... ............. ......................................... ................................. � W;FG .... f ....................... ...................................... -.1 ....... (the property"). I n ' inc l ud i ng easements not escd el sewhere} PURCHASE PRICE: Dollars (CDN$).KM ............................ . Seventeen.Thousand ............. ................................ ...................................................................................... Dollars ............... .............. DEPOSIT.- Buyer submits :9PRR acceptance ................................................................................. .............................. (Herewith /Upon Acceptance/as otherwise described in this Agreement) FiveHimidred ...................................... ....... ............................................. Dollars (CDN$).�-Pq ............ — ................. by negotiable cheque payable to.ITYAL LEPAGE.KINCARDR* E Brokerage ............ . Deposit Holder" .. I ........... 1. to be held in trust pending completion or other termination of this Agreement and to be a-edited toward the Purchase Prim 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 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 particularfy set out in Schedule A attached. SCHEDULE(S) A.n A ............................................................ attached hereto farm(s) part of this Agreement. I - IRREVOCABILITY.- This Offer shall be irrevocable by.�P!4YA * * •, - * ... ***"* until . ................ P.M. on the .!� ............................. day of . November ........_..................... 2092 ....., 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 DATIE: This Agreement shall be completed by no later than 6:00 p.m. on the. 1 . 6 ........................... day of Dec ernber ............................ 20.92.... Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided 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 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. FAX No .... ............................... (For delivery of notices to Seller) FAX No . ... ............................... (For delivery of notices to Buyer) INITIALS OF BUYER(S).- L INITIALS OF SELLER(SY. ord P pcdm Form 100 2009 PC" I of 5 WEBFotrns1m Nov/2008 A. CHATTELS INCLUDED: none 5. FIXTURES EXCLUDED: none 6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: ......................................................................................................... ........................................................................................................................................................................ 7. GST.- If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be included in �w in/in a � n to) (indu J a itio 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 .`( ....................... day o f . December ............... 20. (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 (:m9ptNA s lqt ......... .................................................................. ) may be lawfully continued and that i 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 and deficiency notices 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 pro . good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically p� s rovided 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) on minor easements for the supply of completion, 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, ca le 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 unoWe or unwilling to remove, remedy or satisfy or obtain insurance y 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 Cooperating 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 ocknowled e and agree that the exchange of closin funds, non-registrable documents and other items (the "Requisite Deliveries" and the release thereof to the Se ller and Buyer will (a) not occur at the some time as the i�agistrotion 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 la er(s) receiving any of the Requisite Deliveries will he required to hold some in trust and not release some 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 Urw Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the appl icable Land Titles Office or such other location agreeable to both lawyers, 12. DISC HARGE: Buyer shall not call for the production of any title deed, abstract, survey or 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 as possible and prior to the Requisition Date. If a discharge of any Charge / ortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act INITIALS OF BUYER(S)z ((" �D INITIALS OF SELLER(S): IR 04 200 , C"brb RW E** Assodahm r0REAJ. AM r4ft temmd. % Rcm vvm devAo* by CEA ft n d Ds mwbw and Immm Do not 4w4m pr� or mpadu6V to am&d PIM& patm, Fonn 100 2009 Page 2 of 5 WEBFormsTm Nov12008 (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer an 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 form and to register same, or cause some to be registered, on title within a reasonable period of time after completion, provided that i or before completion Seller shall provide to Buyer a mortgage to prepared by the mortgagee setfing out the ance required to obtain the discharge, and, where areal -time electronic cleared funds transfer system is not being used direction execs uteri by Seller directing payrrmnt to the mortgagee of the amount required to obtain the discharge out of the balance due an completion.. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this i fifer there steal} be a binding agreement of pu achase and sale between Buyer and Seller. The Buyer acknowledges having thgi opporhenity tb include a uarement liar a �girly inspection report in #his Aggregient and a�ns #hat gixceFtt as may be spec' IIy Provided rn thES Agreement, the Buyer wt'tl not be obtaining a property inspection or presperty insPecfion rgiport regarding the Property. 14, INSURANCE: All buildings on the properrttyy 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 ppaid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. M 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 Transfer /Geed shall, save for the Land Transfer Tax Affidavit, be p repared 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 b Buyer, Seiler covenants that the Transfer /Teed to be delivered on completion shall contain the statements contemplat by Section 50(22) of the Planning Act, R.S.0.1990, 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 unmetered 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, PROPERTY ASSESSMENT: 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 Brokerage or Salesperson, for any changes in property tax as a result of a reassessment of the property. 20. 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 b on agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 21. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective I ers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bankrust O Company, Province of Ontario Savings ice, Credit Union or Caisse Populaire. 22. 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. 23. UFIFI: 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 knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyyde. 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. 24. CONSUMER REPORTS: The Buyer is hereby nofi ied that a consumer report containing credit and /or personal infornnation may be referred to in connection with this tronsaiction. 25. AGREEMENT IN WRITING: If there is conflict or discrepancy between any provision added to this Agreement (including any Schedule aitached hereto} and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre set provision #o the extent of such conflict ar discrepancy This Agreement including any Schedule attached hereto, shaif 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 oil changes of gender or number required by the context. 26. ME AND DATE. Any reference to a time and elate in this Agreement shall mean the time and date where the property is located. INITIALS OF BUYER(S): " G, INITIALS OF SELLER(S): � R 0200;4 Crtmio Rol E Asrodtdion rCWAJ} AB s m ved. This iam w= dev4oped byCMA for t use and � of as rrarbers and I mmsew , c* AW adw umor repradat is pr&%Wd awq* *f prier wr'krtreNrtofaREA. Lb not Bier wig, or repoducM the awdrd aresd px*m- Fcnrrsa 100 2009 Pa" 3 of 9 wESFormsT" Novt2008 37. The hmhn executors, administrators, successors and assi of the undersigned are bound by the terms herein. SIG;N,Ef.% SEALED AN��DELIVERED in the presence of: IN WITNESS whereof (have hereunto set my hand and seal: ----'-'---'—_� , fseal) [wJE-'--' ...... .............. 1, the Undersigned Seller, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the Listing Brokerage the unpaid balance of the commission to ether with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds ol the sale prior to any payment to the undersigned on completion, as advised by the Listing Brokerage to my lawyer. SIGNED, SEALED AND DELIVERED m the presence uE IN WITNESS whereof I have hereunto weal: / L�lo^� --_----------'--..._._—.. ..--- CxgE.. `,,���.��--=--. / ---------------_---_''-- _---------------------..ig DAJE----------' SPOUSAL CONSENT: T Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the ons of the Family Law Act, R.S.O. 1990, and hereby agrees with the Buyer that he/she will execute all necessary or inc= documents to give full force and effect to the sale evidenced herein. OF herein to the omntrory,| confirm this Agreement with all changes both typed and written was 8noUv accepted 6v oil parties o.................. this ...................................... -Jov of . ..-....--..-'.-..~'--'-''.'--'..-'--.',2O.~.—... ,..,...... .... ...~.. �.B.O X., 1270, . 82 I..Qu.een.St....... ......................... ..... K.IN.CARPI.NE ...... ....................................... ........... ........................ Listin8 ---'---' Co-op/Buyer ....... ............ BOX 1270,821 Queen St KINCARDINE ACKNOWLEDGMENT I 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 ---'-- ---'-------''~~ ''--'--' (Buy� ................. --'-- ............. '--................. DA .............. ....... A66re^6n8vrvirp_..._------_...__'-_-..__-__'- Address for Service ........ - --- .... .................................. __....... ........ ............................ ....... .............. _ ......... ---.................. elJNv- ......... '- ......... —__- Seller's Lawyer ...................................... - ... ........ - ....... - ......... Buyer's Lawyer .................. _—._'-----.___..... _------- Address ---------------'----.' . -'----''—'-------'------' ------' / ''----''� O3 �'------`-'---''����''------ FOR OFFICE USE ONLY COMMISSM 7RtM AGIRMIM To- C=ofing Brokerage shown an the foregoing Agreement of Purchase and Sale- ROYAL LEPAGE KINCAREIM REAL ESTATE Brokerage In consi oration for the C"pera rokerage procuring the foregoing Agreement of Purchase and Sale, I h declare that all moneys received or receivable by Me in connection with the Transaction as contemplated mlIVIMLSO Rules and Regulations of my Real Eswe Board shoH be receivablet in trust. This agreement shall constitute a Commission Trust Agrsement as defined in the MLSO Rules and shall he subtect to and governed by the MLSS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the fore A of Purchase and Sale, Acknowled b Form 1 00 2009 wage 4 of WEBForrnsTm Nov/2008 Form 100 Schedule A for use in the Province of Ontario Agreement of Purchase and Sale This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER ,. §ijie Li -.-.i ................ ............ .............. ............................ I ...... 11 .................................................................. CIFICI SELLER Municipality of Kincardine . , ......................... ............................................ ........ ..................... ............ for the purchase and sa of. ... ................. 17 MARY ST., ........... UNDERWOOD . ........ ..................... .......................... ...... ......................... ... KIN CARDINE ................. NOG 2 T 0 ... dated the 1 � ..................................... day of ................... 20T ..... . ...... ..... I ......... -- ......... 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, to the Seller on the completion of this transaction. The parties to this 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 upon the Buyer determining, at the Buyer's own expense, that a building permit and approval -0- from Saugeen Valley Conservation Authority can be obtained, to the satisfaction of the Buyer. Unless the Buyer gives notice in writing to the Seller not later than 6:00 p.m. on November 27, 2009, 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 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 Buyer is aware, at the Buyefs own expense, that the septic system, water hook-up, and hydro hook-up are the responsibility of the Buyer. The Seller`represeia is to the Buyer es, o the Seller's knowledge and belief there are no wind turbine[s] - installed or ood. The Parties agree that this warranty shall survive and not merge on completion of this transaction. The Seller agrees to remove any debris on and in front of the property on or before closing. The Buyer shall have the right at anytime prior to closing, to assign the within Offer to any person, persons or 1 ' 9 corporation, either existing onto be incorporated, and upon delivery to the Seller of notice of such assignment, t I t' with the assignee's covenant in favour of the Seller to be bound hereby as Buyer, the Buyer hereinbefore named persons stand released from all farther liability hereunder. The Seller requires that this agreement is subject to Municipal By-Law. The Seller confirms, that they will approve an outside contractor to complete the road in front of the lot, subject to a building permit and inspection by the Municipality [Public Works] on completion of the road. -tib -H , L- (:=) '( L C Itad � CD (C C- L- -! CV r- , This form must be initialed by all parties to the Agreement of Purchase and Sole.. INMALS OF BUYER(S): (]�ZD INI'T'IALS OF SELLER(S): 0 M, Offtio Rea Edab Aw=KKm raEAS A 4 i wwrvW, U 6m vivs devela* by Q% n d h rr mbe. and It... a* AV is pdnI*WemWw6Vwwftnwraw*cFoREk Do wtch*rAwpnnft or mpmducW9The*ffx6d p t Farm 100 2009 POOS Of 5 MBFormsTm Nov /2005