HomeMy WebLinkAbout15 023 Locum House (41 Huron Ridge Crescent) Property Sale By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2015 - 023
BEING A BY -LAW TO AUTHORIZE THE SALE OF PROPERTY TO
ANDREW NAASSAN
(41 Huron Ridge Crescent)
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 by Resolution #01/09/14 -10 has
declared surplus to its needs that 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;
AND WHEREAS an appraisal was completed by the Municipality of Kincardine on
July 30, 2014;
AND WHEREAS the Council of the Municipality of Kincardine deems it advisable
to dispose of the aforementioned property;
• AND WHEREAS Andrew Naassan have submitted an offer to purchase the
aforementioned property;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and CAO be authorized and directed to execute such
documents, on behalf of The Corporation of the Municipality of Kincardine
as they may deem advisable, to convey that property described as Plan
819 Lot 199 Municipality of Kincardine [geographic Town of Kincardine],
County of Bruce and known municipally as 41 Huron Ridge Crescent, and
to affix the corporate seal of the Municipality of Kincardine.
2. The sale price for the said property be Two Hundred and Forty Nine
Thousand dollars ($249,000.00).
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 100% of the
net proceeds be credited to the Trails Bridging Reserve Fund (Fund 63) for
the purpose of supporting the creation of the link trail along County Road
23.
Page 2
Locum House (41 Huron Ridge Crescent) Property Sale By -law
By -law No. 2015 - 023
4. This by -law shall come into full force and effect upon its final passage.
• 5. This by -law may be cited as the "Locum House (41 Huron Ridge Crescent)
Property Sale By -law ".
READ a FIRST and SECOND TIME this 18th day of February, 2015.
READ a THIRD TIME and FINALLY PASSED this 18th day of February, 2015.
(4 2.1L2, StYKftx_ilkotlkue
Mayor Clerk
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A • •
Asseereeen Confirmation of Co-operation •
and Representation
Ports 320 for use in the Province of Ontario
guygg. Andrew Naassan
SELLER; ...................... .
1 Huron Ridge Blvd KINCARDDIE
For the transaction on the property telown as-
For the purposes of this Confirmation of Co-operation and Representation, "Seller" indudes a vendor, a landlord, or a prospective, seller, vendor or landlord and "Buyer°
includes CI purchaser, a tenant, or a prospective, buyer, purchaser or tenant, "sale" includes a lease, and 'Agreement of Purchase and Sale° includes no Agreement to Leese.
The following Infonnation Is confirmed by the undersigned salesperson/broker representatives of the Brolcerag If a Co -operating Brokerage is
involved in the transaction, the brokerages agree to co-operate, in consideration of, and on the terms and conditions as set out below.
DECLARATION oy INSURANCE: The undersigned salesperson/broker representatIve(s) of the Brokerage(s) hereby declare that he/she is
Insured as required by the Real Estate and Business Brokers Act, 2002 (REBBA 2002) and Regulations.
1. LISTING BROKERAGE
a) VI The Listing Brokeroge represents the interests of the Seller in this transaction, it is further understood and ogreed that:
1) VI The Listing Brokerage is not representing or providing Customer Service to the Buyer.
(If the Buyer is working with o Co-operating Brokerage, Section 3 is to be completed by Co-operating Brokerage)
2) [11 The Listing Brokeroge is providing Customer Service to the Buyer.
b) 0 MULTIPLE REPRESENTATION: The Listing Brokerage has entered into 0 Buyer Representation Agreement with the Buyer and represents
the interests of the Seller and the Buyer, with their consent, for this transattion. The Listing Brokerage must be impartial and equally protect
the interests of the Seller and the Buyer in this transaction. The Listing Brokerage has a duty of full disclosure to both the Saar and the Buyer,
including a requirement to disclose all factual information about the property known to the Listing Brokerege. However, the Listing Brokerage
shall not disclose:
That the Seller may or will accept less than the listed price, unless otherwise instructed in writing by the Seller;
• That the Buyer may ar will pay more than the offered price, unless otherwise instructed in writing by the Buyer;
• The motivation of or personal information about the Seiler or Buyer, unless otherwise instructed in writing by the party to which the
information applies, or unless failure to disclose would constitute fraudulent, unlawful or unethical practice;
• The price the Buyer should offer or the price the Seller should accept;
• And; the Listing Brokerage shall not disclose to the Buyer the terms of any other offer.
However, it is understood that factual market information about comparable properties and information known to the Listing Brokerage
concerning potential uses for the property will be disclosed to both Seller and Buyer to assist them to come to their own conclusions.
Additional comments and/or disclosures by Listing Brokerage: {e.g. The Listing Brokerage represents more than one Buyer offering an this property.)
2. PROPERTY SOLD BY BUYER BROKERAGE — PROPERTY NOT LISTED
Li The Brokerage the Buyer and the property is not listed with any real estate brokerage. The Brokerage will be paid
(does/does not)
Li by the Seller In accordance with a Seller Customer Service Agreement
E.1 by the Buyer directly
Additional comment and/or disclosures by Buyer Brokerage; (e.g. The Buyer Brokerage represents more than one Buyer offering on this property.)
/INITIALS OF BUYER (S)/SELLER (S) BROKERAGE REPRESENTATIVE(S) (Where applicable)
(600M-411' ,
44 A.
CO-OPERATING/IILIYER RROICERAGE SELLER NG SROKERARE
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3. Co.operoting Brokerage completes Section 3 and Listing Brokerage completes Sedion 1.
CO-OPERATING BROKERAGE- REPRESENTATION:
a) 10 The Co-operating Brokerage represents the interests of the Buyer in this transaction.
b) The Co-operating Brokerage IS providing Customer Service to the Buyer in this transaction
c) E The Co-operating Brokerage is not representing the Buyer and has nor entered into en agreement to provide customer service's', to the Buyer.
CO-OPERATING BROKERAGE COMMISSION
a) VI The Listing Brokerage wilt pay the Cooperating Brokerage the commission as indicated in the ML.Se information for the properly
2.5%+hst
be paid from the amount paid by the Seller to the Listing Brokerage.
(Commission As Indicated In MLSe' InForrnotioni
b) The Co-operating Brokerage will be paid an follows:
Additionci comments and/or disclosures by Co-operating f3roicerage: (e,g., The Cooperating Brokerage represents more than one Buyer offering on this progeny.)
Commission will be playable os described above, plus applicable taxes.
COMMISSION TRUST AGEMNT F the above Cooperating Brokerage is receiving payment of commission from the Listing Brelatrage, then the agreemerr between Listing Brokerage and
Co-operating Brokerage further includes o Commission Trust Agreement, the CAISSiderotion for which 4 the Cooperating Brokerage procuring an offer for a trade of the property, accephThle
the Seller, This Commission Trust Agreement shall be subject to and gemmed by Ma MLS® rules and regulations pertaining a commission trusts of the listing Brokerage's local reel estate board,
if the local boord's MISO rules end regulations so provide. Otherwise, the provisions of the OREA recommended M. rules and regulations shall apply to this Commission Trust Agreement.
For the purpose, of this Commission Trust Agreement, the Commission Trust Amount a6oll be the amount noted in Section 3 obove. The Bang Broierage hereby der that oil monies received
in connection with the trade shall constitute o Commission Trust and shell be held, in tryst, for the Co-operoting Brokerage under the terms of the opplicable AS® rides and regulations,
• SIGNED BY THE BROKER/SALESPERSON REPRESENTATIVE(S) OF THE BROKERAGE(S) (Where applicable)
RE/MAX HA.LLMARK. REALTY LTD. RE/MAX LAND EXCHANGE LTD Brokerae
klame of eo-operating/Buyer Brokerage) ;Name oTListing traeragei
685 SHEPPARD AVE E #401 TORONTO
Tel 416-494-7653 Fm . 416-494-0016 Tel Fox;
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Dote:
.rized o birelgd ;re Co-4;p ng/Beerati yer Bro ( kerage) (Authori r to bind e Brokeroge)
SHAWN TAHRIIUHA BART CHLNNICK
(Print Nome of Broker/Solesperson Representative of the Brokerage) (Print Name of Broker/Salesperson Representative of the Brokerage}
CONSENT FOR MULTIPLE REPRESENTATION (To be completed only if the Brokerage represents more than one client for the tnansaction)
The Buyer/Seller consent with their initials to their Brokerage
ED
representing more than one client for this transaction.
BUYER'S INITIALS SELLER'S INMALS
ACKNOWLEDGEMENT
I b rec read, and understand the above info,. aticrn.
Feb 4a...4111111.-! t S
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Date: . Date:.
1Signature'aBuyer) tgignature gi.161
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Form 100 for use �xm*°a""ac��o
This Agreement of Purchase and Sao doted thsJL. d a f Februazy o f 2Ol
BUYER ,. ..--.'_.-' -'.-_----.----..-° agrees tn from .-~-'-__'_
SELLER THE the
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REAL PROPERTY
Address 4 1 3kv^~~~^^'-^-~`-'�~^--~-''-'`--'-`'�~''`'~~
�urd� ' s id e fronting on the -_-_.,~---._ ............ g"="~=' IUNCARDINE
in the CdX.mf ,-_`,.,
and having q c�DD__~ �s
o,bvo6mo�o[. movanr�o
pnJ legally described as ...... _.____~.,.__._______'
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PURCHASE Dollars {CQN$ -----'—.---
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DE8��SU� Buyer submits ~_~^_.,..,
__~ Acceptance/as , described Agreement)
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-'.-.--.^..... - ..... '..--._.---...... . ........... Dollars yCDN .-.-..--'_....
by negotiable cheque payable to.M.W.4.'N...1-ATP.g.?cg.lf-A1`.;9.g.17j "Deposit 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 Aclreement, "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 ocknowledge that,
unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Holder's
non 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 pc:Amin* set out in Schedule A attached.r
SCHEDULE(S) �� �� (s) part-ot this Agreement.
1. IRREVOCABILITY: This offer shall be irrevocable by . . .... until .... p.m. on
the day of 20 after which time, if net 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 Agreemen s6al/ completed 6vno later than d:08p^m.um the '
of 20 l Upon completion, vacant possession of the property shaU be given to the
Buyer unless otherwise provided for ~ this Agreement.
INITIALS OF BUYER(S): " INITIALS OF SELLER(S): 11
Of MAN( and
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3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving
notices pursuant to this Agreement. Where a Brokerage (Buyer's Brokerage) has entered into a representation agreement
with the Buyer, the Buyer hereby appoints the Buyer's Brokerage as agent for the purpose of giving and receiving notices
pursuant to this Agreement. Where a Brokerage represents both the Seller and the Buyer (multiple
representation), the Brokerage shall not be appointed or authorized to be agent for either the Buyer or
the Seller for the purpose of giving and receiving notices. Any notice relating hereto or provided for herein
shall be in writing. In addition to any provision contained herein and in any Schedule hereto, this offer, any counter-offer,
notice of acceptance thereof or any notice to be given or received pursuant- to this Agreement or any Schedule hereto
(any of them, "Document') shall be deemed given and received when delivered personally or hand delivered to the
Address for Service provided in the Acknowledgement below, or where a facsimile number or email address is provided
herein, when transmitted electronically to that facsimile number or email address, respectively, in which case, the
signature(s) of the party (parties) shall be deemed to be original.
FAX.No.: FAX N • 416-494-0016
or delivery of Documents to Seller) (For delivery g Documents to Buyer)
Email Address: 6 artarremax 4 x-ca Email Address: soldwithshawn®po : il.com
(For delivery of Documents to Seller) (For delivery of Documents to Buyer)
4, CHATTELS INCLUDED:
Existing Fridge, Stove, Dishwasher, Counter top stove, Washer dryer All elfs and all window coverings.
ra Ai tteAreg-
Unless otherwise stated in this Agreement or any Schedule hereto, Seller agrees to convey all fixtures and chattels
included in the Purchase Price free from all liens, encumbrances or claims affecting the said fixtures and chattels.
5. FIXTURES EXCLUDED:
6. RENTAL ITEMS (Including Lease, Lease to Own): The following equipment is rented and not included in
the Purchase Price. The Buyer agrees to assume the rental contrad(s), if assumable:
None.
The Buyer agrees to co-operate and execute such documentation as may be required to facilitate such assumption.
7, HST: If the sale of the property (Real Property as described above) is subject to Harmonized Sales Tax (HST), then such
fax shall be Agilided the Purchase Price. If the sale of the property is not subject to HST,
(included in/in oddiiion in)
Seller agrees to certify on or before closing, that the sale of the property Is. not subject to HST.
Any HST on chattels, if applicable, is not included in the Purchase Price.
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INITIALS OF BUYER(S)- "
• .. INITIALS OF SELLER(S): -Mlo
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8. TITLE SEARCH: Buyer shall be allowed until 6 :00 p.m, on the P... ..,..,. ......, day of. April , 20
(Requisition Date) to examine the title to the properly at Buyer's own expense and until the earlier of. (i) thiry 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( Single Family residential , . ..............)
may be lawfully continued and that the principal building may be insured a ainst 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 its 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, cis 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 of er 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 may not be insured against risk of
fire is made in writing to Seller and which Seller is una or unwilling to remove, remedy or satisfy or obtain insurance
save and except against risk of fire (Title insurance) 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 propery, and where the transaction will completed by electronic registration pursuant to
Part III of the land Registration Re{rirm Act, R.S.O. 1990 Chapter 14 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 lawyers)
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.
12. DOCUMENTS AND. DISCHARGE: 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
[kite. 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 Junds, 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
on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the
balance required to obtain the discharge, and, where a real -time electronic cleared funds transfer system is not being
used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge
out of the balance due on completion. .
13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon
acceptance of this offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer
acknowledges having the opportunity to include a requirement for a property inspection report in this
Agreement and agrees that except as may be specifically provided for in this Agreement, the Buyer will
not be obtaining a property inspection or property inspection report regarding the property.
iNITIALS OF BUYER(S): INITIALS OF SELLERS }:el"
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14. INSURANCE: Al! buildings on the property and all other things being purchased shall be and remain until completion
at the risk of Seller. Pending completion, Seller shall hold all insurance policies, if any, and the proceeds thereof in trust
for the parties as their interest may appear and in the event of substantial damage, Buyer may either terminate this
Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance
and complete the purchase. No insurance shall be transferred on completion. IF Seller is taking back a Charge/Mortgage,
or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to
protect Seller's or other mortgagee s interest on completion.
15, PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Seller complies with the
subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at Seller's
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 b Buyer, Seller covenants that the to be delivered an completion shall
contain the statements contemplated by Section 50(22) of the Planning Act, R.S.0.1990.
17. RESIDENCY: (o) Subject to (b) below, the Seller represents and warrants that the Seller is not and on completion will not
be a non-resident under the nonresidency provisions of the Income Tax Act which representation and warranty shall
survive and not merge upon the completion of this transaction and the Seller shall deliver to the Buyer a statutory
declaration that Seller is not then a non-resident of Canada;
fb) provided that if the Seller is a non-resident under the non-residency provisions of the Income Tax Act, the 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.
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. Broker or Salesperson, for any changes in property tax as
a result of a re-assessment ot the property, save and except any property taxes that accrued prior to the completion of
this transaction.
20. TIME UMITS: 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.
21. 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 shall be tendered .with funds drawn on a lawyer's trust account in the form of a
bank dratt, certified cheque or wire transfer using the Large Value Transfer System.
22. FAMILY LAW ACT: warrants that spousal consent is not necessary to this transaction under the provisions of the
Family law Act, R.S.O. i unless Seller's spouse has executed the consent hereinafter provided.
23. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused
any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's
knowledge no building on the property contains or has ever contained insulation that contains ureaformaidehyde. 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. LEGAL, ACCOUNTING AND ENVIRONMENTAL ADVICE: The parties acknowledge that any information provided
by the brokerage is not legal, tax or environmental advice.
25, 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.
26. AGREEMENT IN WRITING: If there is conflict or discrepancy between any provision added to this Agreement
(including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision
shall supersede the standard pre provision to the extent of such conflict or discrepancy. This Agreement incite:ling any
Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation,
warranty, collateral agreement or condition, which otfects 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.
27. TIME AND DATE: Any reference to a time and date in this Agreement shall mean the time and date where the property
is located.
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28. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned ore
bound by the terms herein.
SIGNED, SEALED At�f! ;,:. ED In the presence of IN WINE whereof I have hereunto set my hand and seal: J
(wanes ... " y.-- , ,,, ,, <.. <..,., <.,.. (Seal l DATC „ //. � .,"� /S
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I, the Undersigned Seller, agree to the above offer. i hereby irrevocably instruct my lawyer to pay directly to the brokerage(s)
with whom I have agreed to pay commission, the unpaid balance of the commission together with applicable Harmonized
Sales Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the
undersigned on completion, as advised by the brokerage(s) to my lawyer.
SIGNED SEA - • AND DELIVERED in the presence of I ESS wise - - eunto set my hand and seal;
+ 4... • DATE' ... .
(Wilms (seller) (seal)
DATE........... ... .. . ...........
(W+tness) (Se(leil <.,...,..,.,,...,,, (Seal)
SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to
the provisions of the Family Law Act, R,S,0,1990, and hereby agrees with the Buyer that he/she will execute all necessary
or incidental documents to give full force and effect to the sale evidenced herein.
.._ „ <.. <„ .................. . KATE .,.,..,,.._.... .,...,..,, - <..,.
(Witness) (Spouse) (Seal
CONFIRMATION OF ACCEPTANCE: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all
changes both typed and written was finally accepted by all parties at......938..a.m./p.in this ........ ....13-. ,, .....,......
of ...,.......... Febtru ,ary ...... ......._.......<... , 20.1.5......
... ..................lip • - a te • .... __.. ,.....,..
., ure o er or Bayer)
INFORMATION ON BROKERAGE(5) _
-- --- ._
r Listing Brokerage LAND EXCHANGE LTD Brokerage .,....,., Tel No ( 519 ) 396-8444 .,_ .................
i BOX 521, 768 QUEEN STREET KINCARDINE BART CHINNI K
(Salesperson /
0„ /B Brokerage. RE /MAX HALLMARK REALTY LTD Tel ,No 4 1 F?. -4 94 . 76 53
I 685 SHEPPARD AVE E #401 TORONTO SHAWN TAHRIRIHA
(Salesperson / Broker Name)
ACKNOWLEDGEMENT
I . . -... -_ receipt of my signed co. . of This accepted moment of I acknowledge 'ocelot of my signed copy of this accepted Ag, of
Pe ., r, . Sale = r age b forward a 2y Io my t Put..., and and ( authorize the Brokerage to forwarda p my lawyer.
DATE,,.
i 1 , .... lB 47,1r- ,
DATE... <,. <.,... _. <.,.. DATE
,..._.._. <..,.._...,..
(Seller) (Buyer)
Address for Service. . ,Address for Service,.,,.,,..,.,_..
__,.,..... <;
Tel Na ,.,... <..•_, Tel No . ............... ,,_.,_.
Seller's Lawyer. .. . ,... Buyer's Lawyer,.,,,.
Address . .., <,... ,.,,.,..,,,,,,,,,,,, ,,,, Address <. .,., <.,,.... _.,....... <,..,....,
Email.. ...< ,.,. <. , - <, ,,....,,< Email,,.,.,
...:.. TeGlvo ,,,,,_. FAX No .................. Tel,No, FAX No. .<..,..
FOR OFFICE USE ONLY COMMIS510N TRUST AGa6EMUNT t
i
To: Cooperating Brokerage shaven at the foregoing Agreement of Purchase and sale: RE/MAX HALLMARK REALTY LTD.
In consideration for the Cooperating Bask - . a procuring the foregoing Agreement of Purchase and Sole, I hereby declare that all moneys received or receivable by me in connection with
the Transaction as contemplated In the r Rules and Regulations of my Real Estate Bond shall be receivable and held in trust, This agreement shall constitute a Commission Trust t
Agreement as defined and Rules and shall be subject to and governed by the MLS®.Rules pertaining to Commission Trust.
DATED as of the data me of oeeeptanee of the foregoing Agreement of Purchase and Sate. Acknowl �+�' �.
i i-- ' < �" - ”
Authorlxed to nd the Lists flro er er i
I ( ng ag r (Auho - ed so bind the Co-operating Brokerage)
02615, GMrsitt Red Estoie Association rOREAI. AN rihhte mama The re m um?, demloped by C4 EA kr tie use and udenofits mwmben and :licensees
Nam only. Ant' nlerese et reproduction is prohibited en>wp, wih psa whin of ()REA. Do not abrwhen Pdr'InB or mama/mg the tonciord :peeer parson. Form 100 Revised 2 015 Page 5 of 7
WEBTo,ms Jan/2015
Oetszio I ej I te
ri Schedule A I '
Agreement of Purchase and. Sale
Form 100 for use in the Province of Ontario
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
SELLER,..ITT.cPMPM.T19. OF KINCARDINA... ......
for the purchase and sale of ..... ....... ..... ....... ......
KINCARDINE d t d the 11 day of FebnlaW 20J.
Buyer agrees to pay the balance as follows:
The Buyer agrees to pay the balance of the purchase price, subject to adjustments, to the Seller on completion of this
transaction, with funds drawn on a lawyer's trust account in the form of a bank draft, certified cheque or wire transfer
using the Large Value Transfer System.
This Offer is conditional upon the Buyer arranging, at the Buyer's own expense, Financing satisfactory to the Buyer in
the Buyer's sole and absolute discretion. Unless the Buyer gives notice in writing delivered to the Seller not later than
11:59 PM on the 1 0th business day after the acceptance of this offer, that this condition is fulfilled, this Offer shall be
null and void and the deposit shall be returned to the Buyer in full without deduction, This condition is included for the
benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to the Seller within the time
period stated herein.
This Offer is conditional upon the inspection of the subject property by a home inspector at the Buyer's own expense,
and the obtaining of a report satisfactory to the Buyer in the Buyer's sole and absolute discretion. Unless the Buyer
gives notice in writing delivered to the Seller not later than the 10th business day after the acceptance of this offer„ that
this condition is fulfilled, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without
deduction. The Seller agrees to co-operate in providing access to the property for the purpose of this inspection. This
condition is included for the benefit of the Buyer and may be waived at the Buyer's sole option by notice in writing to
the Seller within the time period stated herein.
This offer is conditional on the Buyer arranging 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 not later than the 10th
business day after the acceptance of this offer that this condition is fulfilled, this offer shall be null and void and the
deposit shall be returned to the Buyer in full without deduction. 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 as aforesaid within the time period stated herein.
The Seller represents and warrants that the chattels and fixtures as included in this Agreement of Purchase and Sale
will be in good working order and free from all liens and encumbrances on completion. The Parties agree that this
representation and warranty shall survive and not merge on completion of this traesaction, but apply only to the state of
the property at completion of this transaction.
This form must be initialed by all parties to the Agreement of Purcha e and Sale.-
Is k
INITIALS OF BUYER(S): 411FIVAIIIO IN/TIALS OF SELLER(S)
fre
LEI *2015, onteo Red &hie Asiocolon i'OREA"), A eght reserved. fhis lam wo demi)* by O REA far the 106 reprodion of h members cmd kooncee
othy. Any afar use or two:Swim is proholibd coup) Ye* prior wittetn comers of ORM Da nos c6se whec pfint%or roproduang siorickni mem pork,' Form 100 Revised 2015 Page 6 of 7
WEBRomse Jan/2015
lb nte
4
Schedule A
Auackilk
Agreement of Purchase and Sale ,
Form 100 for use in the Province of Ontario •
This Schedule is attached to and forms part of the Agreement of Purchase and Sale between:
BUYER, Andrew Naassan , , and
SELLER, THE CORPORATION OF THE MUNICIPALITY OF IUNCARDINE
for the purchase and sale o f . 41 lincon Rid,ge Blvd
doted the 11 day of UaJy ,
The Buyer shall have the right to enter the property two more times prior to completion at a mutually agreeable
time, provided that reasonable notice is given the seller.
The seller agrees to leave the property in a clean and broom swept trimmer.
•
•
•
This form must be initialed by all parties to the Agreement of Purchase and Sale.
INITIALS OF BUYER(S): 4 or d . 0
INITIALS OF SELLER(S):
4
Pi 2015, Onimio Real Es* AsscooSen ra 'REA"; Ali rig reserved. This form wog developed by ORFA far the use and repradudlon of Its members and keruess
only. A, dem we or recta:balm b prosci mecoptvoth pecr wrieen causer of ORE& D rrot ober vAlert priming or reproducirs3 els 4iondord pre.* mien. farm 100 Revised 2015 Page 7 of 7
WF_13Forrnse Jan/2015