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HomeMy WebLinkAboutPSD-054-10Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: April 19, 2010 Resolution #: ~P/~-~y3-/0 By-law #: ~t~~0'~'~5 Report #: PSD-054-10 File #: RE 6.13.6 ~U~U-~y7 Subject: SALE OF SURPLUS PROPERTY -182, 186, 190, 194 GEORGE REYNOLDS DRIVE, FORMER TRUCES ROAD FIRE STATION SITE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-10 be received; 2. THAT a By-law be passed to confirm and ratify the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd.; 3. THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale between the Municipality and 1529250 Ontario Inc., including the payment of commission to Ryan Realty Services Ltd. as provided in the Agreement on its completion; 4. THAT a By-law be passed to authorize the sale and transfer of the lands identified as Parts 2, 3, 4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice; 5. THAT the net proceeds from the sale of the surplus properties be deposited into the Municipal Acquisition Reserve; 6. THAT staff and the Municipality's Solicitor be authorized to take all necessary actions to complete the transaction; and 7. THAT all interested partied in Report PSD-054-10 be notified of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-054-10 PAGE 2 Submitted by: ~ Reviewed by: ~ ~ '"""""' "-' ~~~'~- e angmaid CSLA, MCIP Franklin Wu, cti g Director of Planning Services Chief Administrative Officer IL/df 12 April 2010 REPORT NO.: PSD-054-10 1.0 BACKGROUND PAGE 3 1.1 The former Trulls Road Fire Station property is located at the northeast corner of Trulls Road and George Reynolds Drive in Courtice (Attachment 1). It has 45.64 metres of frontage on Trulls Road, 186.35 metres of frontage on George Reynolds Drive, and a total lot area of 0.95 hectares. In 2005 a new fire station was constructed at 2611 Trulls Road. Council declared the site at the intersection of Trulls Road and George Reynolds Drive as surplus in September of 2006. 1.2 This property is designated Urban Residential and Environmental Protection in the Clarington Official Plan. The EP designation covers a small section of the south east corner. A tributary of the Farewell Creek runs through the eastern portion of the property and this area also contains a provincially significant wetland. Formerly, the site was zoned Agricultural (A) and Environmental Protection (EP) under the former Town of Newcastle Zoning By-law 84-63. In April of 2007 Council authorized the CAO to make application to zone the property so that it could be developed for residential use in conformity with the Clarington Official Plan. 1.3 As per municipal policy for the sale of property where there has been the potential for spills or contamination, Phase 1 and Phase 2 Environmental Site Assessments are completed to determine if there are any contamination issues. The reports indicated some issues, appropriate actions were taken, and a Record of Site Condition was filed on the Ministry of Environment's Environmental Site Registry on April 27, 2009. 1.4 An Environmental Impact Study was required as the property contains a portion of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. CLOCA completed the study for the Municipality and determined that four residential lots could be developed at the western end of the property fronting on George Reynolds Drive. The reminder of the site has been zoned Environmental Protection (EP) and added to the adjacent neighbourhood park. 1.5 In October of 2008 Council approved a zoning by-law amendment to rezone the developable portion of the site to residential use, and to rezone the area to be environmentally protected as determined by the Conservation Authority. The boundaries of the zone changes are indicated in Attachment 2. The residential area contains a Holding symbol which is to be removed upon Council being satisfied that all requirements for development have been met. A separate report will be presented to Council in May to remove the Holding symbol. 1.6 During 2009 the necessary services to these lots were included in one of the Engineering Services Departments contracts so that the lots would be ready for sale in spring of 2010. 2.0 OFFERS TO PURCHASE 2.1 In 2008 there was a proposal call for real estate services for the sale of surplus lands. Council was notified on January 21, 2009 by memo that a proposal call for real estate services had been conducted and Mr. Neil Ryan of Ryan Realty Services Ltd. had been REPORT NO.: PSD-054-10 aer.F a retained to list municipal properties that had been declared surplus and were being sold on the open market as developable lots. Listing through a real estate agent provides greater exposure on the real estate market than the tendering process. 2.2 The property is being sold as four separate residential lots. The asking price was determined by Mr. Ryan, an accredited residential appraiser. The most easterly lot, 194 George Reynolds Drive, abuts a woodlot, therefore, its asking price of $130,000 is the highest of the four. The remaining three lots are listed for sale at $110,000 each. All lots were offered for sale at $10,000 above their estimated market value. 2.3 The properties were listed on the Durham and Toronto Real Estate Boards MLS System, their boundaries were staked for ease of identification, and real estate signs were posted on each. The four lots were listed on February 16, 2010 with offers being accepted and opened on March 24, 2010. This allowed exposure of the lots on the market and provided the Municipality with the ability to evaluate multiple Offers at the same time. 2.4 On March 24, 2010 Offers were submitted to purchase the four lots. 1529250 Ontario Inc. (Stonefield Homes) has offered to buy 194 George Reynolds Drive for $115,000, $100,000/lot has been offered for the two centre lots and $95,000 has been offered for the corner lot abutting Trulls and George Reynolds. Three other bids were also submitted however, 1529250 Ontario Inc. (Stonefield Homes) was the highest offer. The bid includes staggered closing dates on the four lots from May 1 to Dec 22, 2010. The date will be selected by the purchaser. 2.5 The Offers were signed back conditional upon Council approval (Attachment 3). The Agreements indicate that a $5,000 deposit is being held in Trust on each lot by Ryan Realty Services Ltd. 2.6 To safeguard the Municipality and ensure that the grading on the lots meets with the requirements of the Engineering Services Department, grading plans have been prepared by AECOM which indicate the building envelopes and how the developable portion of the properties are to be graded so that there is no affect on the environmental lands or adjacent properties. The Agreement of Purchase and sale states that the buyer is aware they are to adhere to the lot grading plans. 3.0 CONCLUSION 3.1 The purchase price of these lots is very close to the estimated market value, therefore, it is recommended that the lots be sold as indicated in the Agreements of Purchase and Sale. The proceeds from sale of these properties can be utilized to acquire other lands that have been identified for public use. Staff Contact: Isabel Little REPORT NO.: PSD-054-10 PAGE 5 Attachments: Attachment 1 -Location Map Attachment 2 -Rezoned Areas Attachment 3 -Agreements of Purchase and Sale Attachment 4 - By-law to Authorize Realty Services Agreement and Payment of Commission Attachment 5 - By-law to Ratify and Confirm Agreements of Purchase and Sale Attachment 6 - By-law to Authorize Sales and Transfers List of interested parties to be notified of Council's decision: Neil Ryan, Ryan Realty Services Ltd. Ken Hoy, Stonefield Homes N _~ C. V1 N Q a 0 as m 0 H 0 J ~+ C d '~ .N d 0 Attachment 2 To Report PSD-054-10 TI`ifS IS BChQ'dUl~,.~.. $® By-IaW 2~0~- , pa~~ad t~tia day ~f_ , 2®®~ ~.~. ._. ,~ ----- vvvvvvv A vc7vc~c~cin 7 /( ~ a v v a a a a ~~ ,V(VY Q~. ° v v v v v v v ' a ,,,, a ' v D O v v p , i _.,a ~. , vvvvvv • Ha ~ ' vvvvvv ° ° °` vvvvv ,~ ~': vvc=Mv~av ~... ~ - ..,vvvvv ° o ' vvvv --- ~ a vvvv ~ ,.~ O ~• o o . i vvvva ~ J vvv,' ~~ ~: , :O O ~~`v o o tf ~i 'vvvv vvvvv , ~. ~, ~i„ ;~ ~~~.. ~' "'~~~ ~ ~ '~ GEORGE REYNOLDS DRIVE ® Zoning To Remain "EP" Zcning Change From "A To "EP" Jim Abernethy, Mayor ~ Zoning Change From "A" To "(H)R1-70" ® Zoning Change From "EP" To "(H)R1-70" Pori L. Barrie, Municipal Clerk ® Zoning Change From "EP" To "A" C®URTICE zea zoa~-aou f.~REA ~ Confirmation of and Represents Attachment 3 To Report PSD-054-10 ~. ~r. is u,e p,w °."d o~ _........... p rape N °[&e.... eyuo s nve,_.. ourtlce_ ............. .. ... Clatington Fort hansocfion en the r r known ps' .....,_. F« the purposes of this Gonfirmclion of Coopemticn and Represanmlion, a "Seller" includes a vendoq a hndl«d, or a prospective, ullee vendor or landl«d and a "Buyer" includes a purchaser, a ronent, or a prospetlive, buyer, purchaser ar ronpm and a "axle" includes o lean. iha febwing irderrrsolipn la renfrmed by de smdenigned SelwPerson/broker npnsersrolivas of Hse Brokerepe(s). K a G>_aparoRng Brekwge is Imdsnd'n Nse lrorssesdm, IM brok.reg.. agree ro co-opxaN, In cauiskralion ef, and on else sarssss and rondbbns as eel auk Mlow. DECLARATION OF INSURANCE: EM undenignsd wlsspanass/tinker roprosanMSive(sJ d Msa erokengs(s) Isxeby dsrkn+ Nsel ha/she ie insured as requked by Hse Reel Esroro and Budneu ereksn Aq (REBBA( and Rsgulatiens. 1. LISTING BROKERAGE The Listing Hrokenge represents the interests of the Seller in this transaction. 2. COAPERATING BROKERAGE The Cooperating Brokerage represents the intercsb of the Buyer in this transaction. It is further uodentood and egrced that the Listing Brokemge will pay the Cooperating Brokerage © the commission as indicmed in the MLS® information For the property or. if oat an MLS®lis[ing: ^ acommission of ...........................................................................___.___.. plus applicable Goads end Services Taz, from the amount paid by the Seller to the Listing Brokttagq on any trade wherein the Cooptteting Brokerage has obtained an accepted Agreement of Punhase and Safe, option to Purchase or Agreement [o Exchange and/or Lease. Said paymrnt of commission will na[ make the Coopenting Brokerage either the agrnt or sub-agent of the Seller or the Listing Brokttege. Additional continents and/or disclosures by Listing Brokttagm Additional comments and/or disclosures by Cooperating Hrokenge: [e:g. The Co-operating Brokerage represrnts more than one Buyer offering on [his property.] COMMISSION TRUST AGREEMENT: If dre above Coupereting Bmkerage ie receiving payment orcemniaim from the Listing Bmkeage, rhw the egreemem between Liesicg Brokerage eMCoopaa[ing Brokemge huther iecludee a Commission Imes Agreement, the cooaideraion f« which is the Co-operating Brokaage procuring m offer fw a Wade of she property, xeageble m dte Seller. This Comrniasien Tsves Agreencen[ shell be eabjem m end govcmad by Ne MLS® rules eM mguletbns peneining m wmmiaiw weu ofthe appliubk MLS~A Wa end regulesiom. SIGNED BY THE BROKER/EAIFSPEREON Ftix: (?' Fax: CONSENT FOR kWOIPSE REPRESEMATION (Ta M eempMad only g Ilro Brekarege repnssnN man then erw <liere for the bensarlion.l TM Seller/buyer ronsenf viBlr Meir irdNals to 1lseir Brokerags ~ O ropraseming mero than tine aliens for skis eranseefiorb SlaSR'S mRllnS NIyO'SINIIAIB ACKNOWIFD6 I b rxYeri~v~~sd end 'tmtlanlen Ilss abeve~mbfeemeNen. ~js/ N R]Nle FYI ~ Dale...3. iF ~/.Q. .. ...... .. ....... Dab .~~!i l~~O ....... _. S n ~ e I $.g. i. ......... ......... .. re of $efbr .. Dak:_.. ...... ...._ Dare.. .... . 59ndm of BUYer .. ..._. 02IXIB, Oreodp Reol6ele Assximian CORFA'I. NI rigFe reword. This h.m.~« daebped by OAEA hr a,v um ord repmdum« die menWn a W hcenr..s mM / v da, "ra or reprodvcdan .c prd,idM eswp w~a, prb w,i1M mnxm of OEw. Form ]RO 2008 Pepe 1 of 1 ~~ ~'~~" Agreement of Purchase and Sale ,~ ,, "~, nwre ~rof~o ~~~ This Agreement of Purchase and Sale dated this. 24th ............................ day of .M~Sh................. ....... 20.10...... BUYERr.1529250,Oncario Ina. .................................. agrees to purchase from ............................IFull~logol names of all~Buyers~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~ SELLER, Municipality of Clariagtou.,. _„_,.. .., the following F e 1 ............................. ell le ~al oomee of~olf Sellers .•••.......••.••...•.••.••..•. REAL PROPERTY: Address. l82 Georyse Reynolds, Driver.Courtice, ,,,,,,,,,,,,,,,,,,,,,,,,,, fronting on the N4?:~!....................... side ..................... of.Georpe Reynolds.Drive,,,,,,,,,,,,, in the Municipalit~of.__Clarigg(oa.,,..,,.._.,..,.....,...,......,....,,_. and having a frontage of .33 9. feet ............................ more or less by a depth of ,~44 fee[ .,,,,,,.,,, more or less and legally described as .Concession 3 Part Lot 30 Plan 4082584$ Part 2 ........."""""""""~"~~"~"~~I descr...on~of~lar~~incfi~din ~~easemenh hot~deseri6ed ~efsewhero ...............................(the"properly"). I~ ~ ~~~ ipn 9 I PURCHASE PRICE: Dollars (CDNS).950(10:00 .............................. Ninety-Five Thousand ................................................................ marry DEPOSIT: Buyer submits . ~ otherwise described in this Agreement .. .... .......... ... ~IHxevnih/Upon Acceptance/as all,erw se described in Ihia Pgreementl Five Thousand ................ Dollars (CDNE).5,000:00 by negotiable cheque payable b. Ryaq Realty Services itd.,t Brpkera&e ................................................. "Deposit Holder" b be held in hest pendir~ completion «aTher terminatlon of Ihu Agreemem and ro 6a credited bward the Purchase Price on completion. For the purposes of this Agreement Upon Acceptance" shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of t~e acceptance of this Agreement. The parfies ro this Agreement hereby acknowledge that, unless otherwise provided for in this Agreement, the Deport Holder shall place the deposit in host in the Deposit Holders nonJnterest bearing Raol Estate Tmst Account and no interesfshall be earned, received « paid on the deposit. Buyer agrees M pay the balance as moro particularly set out in Schedule A aMachad. SCHEDULE(S) A.r.B,.~ ........................................... Y ............attached hertlo ~enn(s) part of Phis Agreement. 1. IRREVOCABILITY: This shall be irrevocable b ~!.ISS?.~~.'9~e. ). ~o./4.F^1.7.t_.unti) Si~~ ...:............ pm on the as ~ ... day of .March.;...,.... .20.10....., after which time, if not accepted, this Offer shall 6e null and void and the deposit shall be returned to the Buyer in full without interest. 2. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .S?e schedule "A"..,..., day of ............................................ 20.......... Upon completion, vacant possession of the propery shall be given to the Buyer unless otherwise provided for in this Agreement. 3. tJO71CE5: The Seller_herebyappoints the Lisfing Brdcercsge as agentf«the$dler fortfre purpose of giving and mceivirg,notces punuar or FAX No..905-433-873$ , IFor delivery of notices ro Sellarl INRIALS OF BUYER(S~: ................................................Dollars any 905-720-3006 (For delivery of noticea ro Buyer) .................... INITIALS OF SELLER(S): fo. d a m.~8.. and I~an,"u 1b. ~p..eroMrt Fsxm 100 Rev. 07/2010 Pope I ef! KEF1FamsTM MRM1010 4. CHATTELS INCWDED: 5. FIXTURES EXCLUDED: 6. RENTAL REMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees ro assume the rental contracr(s], if assumable :....................................................................................................................... ...........................................................:............................................................................................................ 7. 65T/HST: If the sale of the propery (Real Propery,as ~85Gribed above) is subject to Goods and Services Tax (GST) or Harmonized Sales Tax (HST) then such tax shall be ~q a.., idon to, the. Purchase Price. If the sale of I~aa~aaa i~ih~aa~na~ bl the property is not subject ro GST or HST, Seller agrees to certify on or before closing, that the sale of the propery is not subject to GST or HST. Any HST on chaBels, if applicable, is not included in the purchase price. 8. TrtLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the ......................: day of....................... ....., 20......., (Re uisition Date( to examine fha title to the Propert' at Buyer's own expense and until the earlier of: (i) Ihiry days from the later of the Requisition Date or the date on which the conditions in this Agreement ore fulfilled or otherwise waived or; (ii] five days prior ro completion, to satisfy Buyer that there are no outstanding work orders or deficianry notices aBecting the Propery, and that its present use ( .......................................................................................................] may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipally or other governmental agencies releasing to Buyer details of all outstanding work orders and deficianry notices affecting the property, and Seller agrees ro 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 warrant' of an kind that the future intended use of the propert' by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TRLE: Provided that the title to the properly is good and free from all registered restrictions, charges, liens, and encumbrances except os otherwise speuticalfy provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are wmplied with; (bj any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or securiy has been posted to ensure wmpliance and completion, as evidenced by a letter from the relevant municipally or regulated utilit'; (c) anyy minor easements for the supply of domestic utilit' or telephone services to the property or adjacent properties; and `d] any easements for drainage, storm or sanitary sewers, public utiliy lines, telephone lines, cable television lines or othher services which do not materially affect the use of the propery. If within the specified limes referred to in paragraph 8 any valid objection M tide or to any outstanding work order ar 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 ro Seller and which Seller is unable or unwilling to remove, remedy or satisfy a obtain insurance save and except against risk of fire (Title Insurance] in favour of the Buyer and any mortgagee, (with all related cosh at the expense of the Sellerl, and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect o such objections, shall be at an end and all monies ppaaid 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 ro have accepted Seller's title ro the properly. 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 be completed by electronic registration ppursuant to Part III of the Land Registration Re~orm 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 acknowled a and agree that the exchange of closing funds, norR+egistrable documents and other items (the "Requisite Deliveries and the release thereof to the Seller and Buyer will (aI not occur at the same time as the registration of the transfer/ eed (and any other documents intended 10 be registered in connection with the completion of this transaction) and jbJ be subject to conditions whereby the lawye r(s] receiving any of the Requisite Deliveries will be required ro hold same in trust and not release same except in axordance with the terms of a document registration agreement between the said lawyers. The Seller and Buyer irrevocably instruct the said lawyers ro be bound by the document registration agreement which is recommended from lime to time by the law Sociey of Uppper Canada. Unless otherwise agreed ro 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 calltor the production of arty title deed, abshact survey or other evidence of title ro the propery 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 wdhin Seller's cannot ro Buyer as soon as po ible and prior M the Requisition Date. If a discharge of am/ Cfwrge/Mortgage held by a corporation incorporated pu w ro the Trust And loan Companies Act (Canada], INITIALS OF BUYER(S): INrt1AL5 OF SELLER(S): ~~ ® 9]010. CFbbAUIfYn Aee<wvn 'OAr~1 W~~®~.T^'+bmwLa.dcred ty ClFAbl~w i,pd4-n dk mwLsa wd 4~r, oh any lriee>~gaA~smbpdbad.cep.A>vwnnmwrdovfa 0o ~wrak..M Anry rekw..bd P..s Ufa. rwm 100 Rev. 03/2010 Pep~2of5 WEBFVrms"' Msr/RO10 Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not ro be assumed by Buyer on completion, is not available in regishable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking ro obroin, out of the closing lands, a dishharge in reggishable form and ro register same, or cause same to ba registered, on fide within a reasonable period of fime aher completon, provided that on or before completion Seller shall provide ro Buyer o mortgage statement prepared by tlse mortgagee setlir~ out the balance required ro obroin the discharge, and, where areal-time elechonic dearad funds transfer system is not being used, a direction executed y~yy Seller directing payment ro the mortgagee of the amount required ro obtain the discharge out of the balance due on completion. 13. INSPECTION: Bu r acknowledges Naving had the opporNnity ro inspect the propery 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 homing the opportunity ro include arcgu rremeM for a pro~serty inspection report in this /~reement and a8roes that exespf as may be specifically provided for in fli'u Agrearsent, the Buyer will not be obtaining a ProPer1Y inspeelion or Property inspsefion report regarding the Pnperty 14. INSURANCE: All buildings onthe 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 ppaid returned without interest or deduction or else role the proceeds of any insurance and complete the purchase. No insurance shall be tronsferred on completion. If Seller is taking back a Charge/Mortgage, or Buyer is assuming aCharge/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 ro create an interest in the property only if Seller complies with the subdivision conhol provisions of the Planning Act by completion and Seller covenants ro 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 of the expense of Seller, and any Charge/Mart a e to be rven back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that ~egTronsfer/used ro be delivered on completion shall contain the statements contemplated by Section 50(22 of the Planning Act, R.S.O.1990. 17. RESIDENCY: Buuyyeer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay ro the Minister of tJationol Revenue ro satisfy Buyer's liabiliy in respect of tax payable by Seller under the non-residency provisions of the Income Tax Act by reason of this sale. Bu r shall not claim such credit if Seller delivers on completion the prescribed certificate or a slaturory declaration that Seller is not then a nonresident of Canada. 1 S. ADJUSTMENTS: Any rents, mortgage interest, realty faxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed ro the day of completion, the day of completion itself to be apportioned to Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hare6y acknowledge that the Province of Ontario has implemented current value assessment and properties may be reassessed 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 ~hangas in property tax as a result of a reasseumenl of the property, save ant) except any property loxes that accrued prior to the completion of this hansaction. 20. TIME UMRS: 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~. an agreement in writing signed by Seller and Buyer or by their respective lawyers who may ba specifically authorized in that regard. 21. TENDER: Any lender of dacumenh or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set far ~omplotion. Money may be tendered by bank drak or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, 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 hereinaher provided. 23. UFFI: Seller represents and warrants to Buyer that during tl~e time Seller has owned the properly, Seller has not caused any building on the properly ro be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's knowledge nor 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 o multiple unit building, this warrant' 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: TFse Buyer is hereby notified that a consumer report aaMainirsg crodB and/or personal information may bo referred ro in connection with this honsachon. 26. AGREEMENT IN WRITING: If there is conflict or discrepasxy 6etveen am/ povision added b this A~reemenf (including any Schedule attached hereto) and any provision in the standard preset portion hereof, the added provision shall supersede dre srondard preset provision ro the extent of such conflict or dixrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement behveen Buyer and Seller. There is no represenrotian, warranty, collateral agreement or condition, which affects Ihis Agreement other dwn as expressed herein. For the purposes of this Agreement Seller means vendor and Buyer means purchases This?yreement shall be read wilt all dwnges of gender or number required 6t' the context. 27. TIME AND DATE: Arty reference ro a fime and dote in Ihis Agreement~j~all mean the fime and date where the properly is located. INITIALS OF BUYER(S): ( _ / I l I ) INITIALS OF SELLER(S): ( ~j ) ® ozmo. oa~a avism.emsr~. rasM~. M~gkm.w.m.s,m r4 arw,a•dbov&. as. u. ib~gosa~aa..s..mdr~. MAro alvwanpad~AC^ePd'~~.n6 pa...~.~m..mdceu. ro~ad.win V~wre>~w~=rebm..dsdrMwa Farm lOa Rom. 09/2010 Va6~~d5 WEBFams^'MarR010 28. SUCCESSORS AND ASSIGNS: The heirs, executors, adminishators, successors and assigns of the undersigned are bound by the terms herein. SIGN S IED AND DELI EKED in die presence of IN IT 55 er 1 hwe hereunro sN myho~d and seal: ,// I ... ,.~,',.. I ~Zt! ~d (~.eY .... .......................................................... .... .................................................. I~ DATE.... .......}}}.... ............... m .................................................... ...................................................................... ~ DATE................................... fwi~'eul ....... ~ Iseell I, the Undersigned Seller, agree ro the above Offer. I hereby irrevocably instruct my lawyer ro pay directly to the Listing Brokerage the unpaid balance of the commission together wi applicable Goods and Services Tax (and any other taxes as may hereafrer be applicable), from the proceeds of the sale prior to any payment ro the undersigned on completion, as advised by the L~ Brokerage ro my lawyer. DELIVERED in the presents of. IN TNE55 wher f I have hara1u/nb set my hand and seal ~/~ ~ ~ ........... _ ..............._........_...,. e. .lMM'7/............._............_.. ~I DATE.f.~[a!G..~:e...l.. fd./D ......... . .................._........................ ..~ikT._.................................................................... III DATE................................... SPOUSAL CONSENT. The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant ro the provisions of the family Law Act, R.5.0.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documenh ro give full force and effect ro the sale evidenced herein. Nlmauj ..................................................................... ISnaoi:~..................................................................... ~i DATE................................... CCINF7RAAATION OF ACCEPTANCE: Nolwilhslanding amyllsing contained herein ro the contrary, confirm this Agreement with all Y .............. changes both typed and written was finally «cepled byall padiesat. y:•3~....emOp.m. thi ..... .... ...~ day 20.. ~a.... .... ...iR,y:,l .................... of........:...1'.!fltd~6s~ ...................... sFRFOtRAUnoN oFE aROtctsuoslsl Liana9 sroker<sge_RyaD.Rea1tY Services Ltd;, Brokera8e ....................................... _,,,,.,,,.,..,.,,-,. 7eLNo. 905-434-5128 ...................... 39 Westmore Street, Courtice FOR OFFICE USE ONLY eOMMIKION RYA AORYFMEM r : cepp.»o.R sreR.~as. d,e.n on h,e ~esdne roreem.~1 d Furxhu» end seb: MINCOM MILLENNIUM REALTY INC., BROKERAGE In <omiderolion b I~haylCooperaAn 9~okera» pocuring iha brgoing Apreemeni d Fwcha» and Sde, I Mnby dxkre IIw10ll moneys received a receNObb by me in connxlionwilF *edeNned lion er <IISm Yuler~~d holl~be~, Rubllsiro nd plve'~ond bey ilro MlS®¢ke pertain prof mbmei»an hi~uxrn vux. ihix ag,»mem shall consXNbaCommiss~on i,uo Agmmmi OAn: a eF the » ord time el 1Me occepronce of the le,egoing aer»m.N d PuMo» aid Sab. dged bye ~~ .zed ro o d de Caopewp g Br 4 gej IA xed ro bin d, W g Br<k.,<Bel ® ®]OIO.QbuAd FLw /emc'.s=n "OAFA'1. Nnp10~v»1. Tn4 bm w.b.1}edb,'QFFbNiradigalrtn di msibraad 4ss _ my.Nrydr~aw~yab+siu.•pdbid mp.A.l'+a veu^m~a+dttfn oe mroMxM psnqu~do~g A. w~duJ p.w pvsv. Fwm 100 Rev. 03/2010 Fope R•d3 WEBFama"'Merl2010 ~~ ~~,. Schedule A Farra loo ""°"°"°' /~reemenr of Purchase and Sale '~ °~'^ *° a,amm ~ o~bnc This Schedule is attached to and forms part of the Agreement of Purchase and Sale between: BUYER,.15292500ntario lnc. .., and SELLER. Municipality, of Glaring[on ............................................................................................................... for the purchase and sale of .1.82. George Reynolds, Driye, CouRice ................................................................................ Glaring[on ........................................ dated the .24th.................................. day of March........................, 20.>:~.... . Buyer agrees ro 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 completon of this transaction The Buyer agrees to submit a deposit of FNE THOUSAND DOLLARS ($5,000.00), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the time of notification of fulfilment or removal of the condition pertaining to Council Approval, to be held in trust pending completion or other termination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction. The Buyer and Sellet acknowledge that the lots are fully serviced with water, hydro and gas and that building permits are available. The Seller agrees to provide the buyer with any surveys, engineering reports and endtronmental studies on the said property upon acceptance of [his agreement. _ ~ Ip The Sei}rraglrerlnprevide h1 h f f n ~a ^^-a:.:^~~ :r=--^..^•~--a ~ fG~(`~r~1; Tb S lle o. '_a that title t h I m3ybr d' t d .. ~h~;r o..tiP u. ...~ P lion. `~/ The Seller and Buyer acknowledge that the closing date, at the Buyer's option, wiB not be earlier than May 1, 2010 and not later than December 22, 2010. 31~,~ d ~ rlo~ ~ M UA'F !1R ~ nVt d ~~ t 4 ~, ~, .ry x t~ ~d'I tO f- I ~ ~U (,~,pSl r`C ~`~?Y J This form must be initialed by all parties ro the Agreement of INITIALS OF BUYER(S): },p I Sale.. ~~ INITIALS OF SELLER(S): C !U 1 r~n~. iwm 100 Rrv. Q7/2010 Pae~ 3 ar 3 WEBFpma^'MerIR010 AREA °~'~° B "'°°a"a^ A~gnreemenT of Purchase and Sak '""""'"'~ ~'~'~'° This Schedule is oaached ronand forms part of the Agreement of P~utrchose and Sale between: BUYER. ..............'.F,..~.'S~~ Q.......~ll~F}Q ~.Q.... ~NS..:....................................................................., and SELLER.. Municipality of Clarington ................... .. ............................................................................................ for the propery known as...... ~.G1.2. G~RG~..1.1~.~NQ~~~....LrQ_.....C..~!e.~~ ...............:..... *~ .. da /'' 20.~Q...... ...:.....................:........ dated the ...........a U!.'i. ........... yrtof .n ~'.Y..... n8 This offer is cronditional upon Municipal council approv ~ faili which this offer is null and void and the buyers deposit is rettsmed in full without interest or deduction This condition is included for the benefit of the seller and may be waived at their sole option. The buyer agrees to: adhere toihe the lot grading plan es provided by the seller at a later date. pay fora $350 stmt boulevard tree to the Municipality pay $500 For a road damage deposit [0 the Municipality pay a base price of 5200 for a curb cut to [he Municipality and the buyer is aware there maybe additional cosu /, pay GST (prior to lone 30, 2010) or HST (after July 1.2010) in addition. "' `-~-°'^ "° """'"`° "^"•. `,',r/t~'lI The buyer is aware that attune of building permit addidonal levies ate to be paid including: `~ regional $!8,521 municipal SI3,185 educational public S. 835 _ separate $ 364 . The buyer is aware that these are 2010 levies and subject w review Itsne 3Q, 2010. The buyer is responsible to verify and satisfy themselves as to all costs and levies for this lat. The buyer is aware that this a former site of a Fire Hall and that a Phase 1 and Phase 2 Env'votunental Site Assessmem has been done and agrees to purchase the lot as is. The buyers enters onto these properties at their own risk and liability.. The buyer is aware that the lots az 182 George Reynolds !hive require fencing on the west side and 194 George Reynolds Drive require fencing on the east and north sides. All fencing is subject to Municipal approval. This form must be initialed by all parties to the Agreement df Purd ~ and Sale. INRIALS OF BUYER(Sj; ~ MITIALS OF SELLER(Sjs !~ ® 02009, Onbna Gal Eaee AfICGOAta I'aRFA'1. Nl,yherwvd: Thelma »aa Hhaw and apbdsssai d ds mmab.n aM liwmen cap My ahr w ampajuWm is paMbiwd srpl.,IF pia, evwn of ORFA Fa.m 10! 2008 iey~ 1 of 1 .. - WEBFarma° NOrn002 3 f~~ d • b ~. g ladd' fi ~ ~ }5g;, M „p£,4Y.Bl N o , IF h ~6t ~ s r ° a laud ~°6/ ~ ', ,~ z ~ e ~'„ , ~ ti~ .. M ,ATtK9l. N - ~ ~ ~ 1l e = 1 ~ 1 £ laVd 8 1~ ~ M ~,t-.9t N S ~ R ~~ ~' 1 Q _A .. G 6 1 <~g~ ~~ 1 Z 1 "'d ~ ' ~ ~~J A ~ Y- ,*q' ,~, - 91 ~~ ~ r N~ __. 9 I~ s R- T9'l4 M ,AT~Sh9l N ~ ~ ~ \ ~ laud c _ _ Real E ~ Confirmation Oi' COroperation rwrm 340 A`"`°"ro and Representa~lion ~ °~° ^ ~-P'°.i°°, of ~,~b BAR. 1529250 Ontario Inc. Muntm all of Clanngton _ .......... ............ ......... ....._.__.......... SENFR........... P. ~. ........ .......... For the honsotlion on the property k x,:,186 George Reynolds Dnve Courttce Clanngton For the proposes of 3tia Conlirmalion of Coaperolian and RepesanMion, a "Seller' iwhdes o vendor, o landbrd, ar a pmspedin, salkr, vendor or landbrd and o `Beyer" in<bdes a perchmeq a tenant, or o praspedive, 6uyeq purchaser or tenant and a "sale" indedes a kale. The rollewing Merrnotian h aonRnrted by eM tmdsniglwd wMapvsen/brekx rapnwntulNas eF x,a Bwk~wya[sJ. If a Co~oparesFty Breksags 6lmolwd in the erarssardm, Ilte Mekaragw agree b eo<pwale, n cmeksrotien ef, and m eM latrra altd wtltRliem w aee eat haloxv. OECEARA710N OF INSURANCE: TM undsnigrtsd wlwpxaoss/brvkar repnwrsloNvNa) eE 1M Bwbrug~[s) hcnhy d~clars that M/sha u inasared as required by the Rwl EstaN atd euafraas Broken Ad (REBBA) and Rpuhrerona. 1. LISTING BROKERAGE The Listing Brokerage represents thu interests ofihe Seller uthis transaction. 2. CO-0PERATING BROKERAGE The Cooperating Brokerage represents the interests of the Buytt in this hanaaRion. It is further understood and agreed [hat the Listing $rokernge will pay the Co-operating Bmkerege © Ne mmmission as indicated in the MLS® infwmetion for the property or, ifnot an MLS®Iisting: ^ acommission oL ........................................................................................................................................ plus applicable Goods and Sttvices Tax, from the amount paid by dse Seller m the Listing Brokerage, on any trade wherein the Co-operating Brokeage has obmined an accepted Agreement of purchase and Sale, option to Purchase or Agreement [o Exchange and/or Lease. Said payment of wmmiasioo will not make the Cooperating Brokerage either the agent or sub-agent ofihe Selltt or the Listing Brokerege. Additional comments and/or disclosures by Listing Brokerage: Additional comments and/or disclasurea by Cooperating Brokerage: [e.g. The Cooperating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRUST AGREEMENT: If Ne Trust Al:reemrnt, tha Cc CONfiNte9Commiaeien el 5 4 5128 Fa 905-433-8735 5]720 2004 Fax. [905]720-3006 3 zq _ 7olb. 4uih ed ro b'nd ih..L ep b dror 9 Date:. ....... ~ d I y rd the ~o~e n /Buy B D n9e 1. 1.KEr{S-I 1 Ll~/s( l~l. l FER M. (AK[~ICe trio. .. ..... ._ .... ..... .. _....._.... t Nome of Broker/Sdespasan Repre w of the Brokeraeej n I N me d Broker/Sakspe R gexmor 1 * erok creel CONEENT POR MUITIPLE REPRE ATION (To Fte eempleted mly N 1M Brokerage reproasnn men Rwn ons egmt ter the hanaaalien.) The Seller/BUyer emwtd wilh Nteir iniriab ro dtdr Brekeroge roprosertKng moro Ntan one dime for Ntis Iranaaation. / Tluees INmptS eV(Fe'E INtltNte ee~eu~veervvern r / Land land the a inE~a~t~rtla°y~'°n. .Dare:.~~-I `^6 ]D .e cI .. .. .. .... Dole. ..~'2~ ~~.....__.. ...... . Dale:. ~ Z L . Z-~~O ................. Dare........ _............................. 'IBignmure oY 3~1..... Ewb Associolion "OREA'f. All ri3hh,earrd. This fwm war de"ebped 6y OREA b the ure nrrd 9md Winn u.m my. Amt olhv ma or reorod„cron is gahibikd amp wih, pie w,uen wnsent of OREA. iem i]0 ]003 Iage 1 of 1 QR~ ~ 'PEA," Agreement of Purchase and Sale FeFm goo Auocimion for u." in the P,w~nw of Onarb This Agreement of Purchase and Sale dated this. 24~? ............................ day of ..M..arch (p ......................... 20....... g~Rr 1529250 Ontario Inc. ..........., a rees to urchase from ................................. jF~II'legal nerves of ell~Biryenj................................... g P SELLER,.MunicipalityofClarington _ ~e 1 ...................... g (full '~~el namee'of~olf Sellers """"""""""""""••"°•~°. the followin REAL PROPERTY: Address. 186 George,Reynolds. Dnye,, Courtice ..... fronting on the North ............... side of. George Reynolds Drive ............. in the .Municipality of,.,. Claringtoq..,.............................:. .................................... and having a frontage of .49,5, feet more or less by a depth of .144 feet ~~~~~~~~~~~ ................... more or less and legally dexribed os .Concession 3 Part Lot 30 Plan 40R2S84$ Part 3 .................... 1 ......,..... ... ........... jthe "property"). ~~ ~~ ~ ~ ~ ~j ~egol ~descripnan oflund'indudleg aoiemenn noi~de~scri6el'efsewherej' ~ ~"""""""""""' PURCHASE PRICE: Dollars jCDN$).100,000:00 ............................ ,One Hundred Thousand ................... Dollars . ........................................................................................................................................... DEPOSR: Buyer submits . as otherwise described in this Agreement.,, (Herawilti/Upon Accepann/as dherwiu desai6ed in ~Ihir Agreement) Five Thousand ( j S 000 00 ................................................................................................................. Dollars CDN$ .. ~.....:....................... by negotiable cheque payable to. Ryan Realty.Sgrvices Ltd:r Brokerage„ , "Deposit Holder" to be held in hest pendir~ canplelion or other tenninafion of this Agreement and b 6e credilad bwanl the Purchase Price on completion. For the purposes of this Agreement Upon Ameptance" shall moon that the Buyer is required to deliver the deposit to fha Deposit Holder within 24 hours of 1{~e acceptance of this Agreement. The parties to this Agreement hereby, acknowledgge that, unless otherwise provided for in this Agreement, fha Deposit holder shall place the deposit in Must in the Deposit Hokfer'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 Scheduyle A attached. SCHEDULE(S) A.~ BP.~ .............................................................aMached h~erq/~ form(s) part of this Agreement. 1. IRREVOCABILITY: T ' ffer shall be irrevocable by ..a!9:q.F...~~1j/~. .....,., until 5:00 ................ pm on r ~% ISeher/Buyerj....... the ..~~....' .............. day of .M~h.......... ................. 20.10....., aher which time, if not accepted, this Offer shall be null and void and the deposit shall be reNrned to the Buyer in full without interest. 2: COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on ~e see schedule "A" .day of ........................................... 20.......... Upon comple}ion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 3. NOTK~The Sella thereby apFwinh the listing Brokenxde os agentiorthe Selkvforthe purpose ofamna and receirina notices nursuanr FAX No. ,905-033;8735,,,,,,.,,,, (For delivery ofndfmsro5eller) INRIALS OF BUYER(S): ® 01010, o~udoR.cieanwm,rn l'on=n9 N,da ~...d. ra. bm va. a.,.y.eyoaw ~l Mdh. wwiapvd,m~epdbad°*Y'^1`Ar*w.~a~can,wdOAEp. oowd..h 905-720-3006 (For dalrvery of notices ro Beyer) INITIALS OF SELLER(S): sa,d a..~b., ad kris ~a°°'d°dPwo~. Fe"m 100 Rsv. 03/1010 Pope 1 ef! yeEBFama^' Mar2010 4. CHATTELS INCLUDED: 5. FIXTURES EXCLUDED: 6. RENTAL REMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s(, if assumable :....................................................................................................................... ........................................................................................................................................................................ 7. 65T/HST: If the sale of the property (Real Property,as~drscribed above] is subject to Goods and Services Tax (GST] or Harmonized Sales Tax (HST) then such tax shall) 6e.!n,._„_ rt!on to, , - ,the Purchase Price. If the sale of fmdeded~in%i~~adifilion rot the property is not subject to GST or HST, Seller agrees to certify on or before closing, that the sale of the property is not subject to GST or HST. Any HST on chattels, if applicable, is not included in the purchase price. 8. TITLE SEARCH: Bvyer shall be alkswed until 6:00 p.m. on the .......................... day of...................................., 20......., (Re uisition Date( to examine tfle title to the Property at Buyers own expense and until the earlier of: (i) thirty days from the later of the Requisition Dore or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii( five days prior ro completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affectin the Pro er and that its resent use .......................................................................................( may be lawfullye onlinued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing ro Buyer details of all outstanding work orders and deficienry 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 6y Buyer is or will be lawful except as may be specifically provided for in this Agreement. 1 O. TfTLE: Provided that the title to the pro ry is good and free from all registered restrictions, charges, liens, and enwmbrances except as otherwise speufiealfy provided in this Agreement and save and except for (a( any registered restrictions or covenants that run with the land providing that such are wmplied with; (bj 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 die supply of domestic utility or telephone services to the progeny or adjacent properties; and (dj any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or othher services which do not materially affect the use of the property. If within the specified times referred to in paragraph 8 any valid objection ro title or ro any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully ba continued, or that the principal building may not be insured against risk of fire is made in writins to Seller and which Seller is unable 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 ony mortgagee, (with oil related costs at the expense of the SellerJ, and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect o 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 ba liable for any costs or damages. Save as ro 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 ro have accepted Seller's title ro 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 elecfronic registration PPursuant ro Part III of the Land Registration Re~orm Act, R.S.O. 1990, Chapter t4 and the Electronic Ragishation Act, 5.0. 1991, Chapter 44, and any amendments therero, 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 ragisfration of the transfer/deed (and any other documents intended ro be ragister~ in connection with the completion of this transaction) and (b( 6e subject to conditions whereby the lawyer(s) receiving ony of the Requisite Deliveries will be required to hold some in trust and not release same except in accordance with the terms of a document regisfration agreement between the said lawyers. The Seller and Buyer irrevocably instruct the said lawyers ro be bound by the document registration agreement which is recommended from time to time by the law Society of Upper Canada. Unless otherwise agreed ro 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 far the production of any title deed, abstract survey or other evidence of title ro the property except such as are in the possession or conhd of Seller. If requested by Buyer, Seller will deliver any skekh or survey of the properly within Seller's confrd ro Buyer as soon as ssible and prior ro the Requisiton Date. If a discharge of ony Charge/Mortgage held by a corporotion incorporated pu ant ro the Trust And loan Companies Act (Canada], INITIALS OF 6UYER(S): INITIALS OF SELLER(S): O ®omio. omew xd EmY rnoeln~rorfAn Nrt/a m.d.Tn bra w,dMryadbiortAbM de...M ed wum o,o,.tinrrwuev~m~aemerd8edeoP.Rnw~ve`.mw+dcarw oomrd..M p:+~g>,gm~reMe~~w,++a^re^ Perm 100 Rev. OJ/2010 Poyelsf3 wEeFOrmaTMMaa010 Chartered Bank, Trust Company, Credit Union, Coisse Populaire or Insurance Company and which is not ro 6e assumed by Buyer on completon, is not available in regishoble form on completion Buyer agrees ro accept Seller's lawyer's personal undertaking ro obtain, out of the dosing funds, o discharge in registrable form and ro register same, or cause some to be registered, on tide within a reasonable period of time after completion, provided that on or before completion Seller shall provide ro Buyer a mortgage statement prepared by the mortgagee setting out the balance required fo obtain the discharge, and, where a reaNime elechonic cleared lands transfer system is not 13emg used, a direction executed byy Seller directing payment to the mortgagee of the amount required to obtain dte discharge out of the balance due on wmpletion. 13. INSPECTION: Bu e~r acknowledges having had the opportunity ro inspect the propery and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. Tho Buyer acknowledges having the opportuniy to include aroq uiromsM for a petty inspection report in Ihis ppreement and a9reas that except as may be speeNically provided for m this AprwmsM, the Buyer wilt not be obtaining a propsry snspection or properly inspection report regarding the Property. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at }he risk of Seller. Pending completion, Seller shall hold all insurance poltgies if any, and the proceeds thereof in host 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 ppaaid returned without interest or deduction or else ta~Ce the proceeds of any insurance and template the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge/Mortgage, or Buyer is assuming aCharge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller'a or other mortgagee s interest on completion. 15. PLANNING ACT: This Agreement shall be effective to create an interest in the property only i4 Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense ro obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer/Dead shall, save for the Land Transfer Tox ABidavit, be tapered in registrable form at the expense of Seller, and any Charge/Martpage 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 ro be delivered on completion shall contain the statements contemplated by Section 50122) of the Planning Act, R.5.O.1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer ro pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under Iha non-residency provisions of the Income Tox Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prexribed certificate or o staturory declaration that Seller is not then anon-resident of Canada. 18. ADJUSTMENTS: Any rants, mortgage interest, realty faxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed ro the day of completion, the day of completion itself to be apportioned ro Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be reassessed on an annual basis. The Buyer and Seller ogres that no claim will be made against the Buyer or Seller or any Brokerage or Salesppeerson, for any changes in propery tax as a result of a reassessment of the property, save and except any properly taxes Ihof accrued prior to the completion of this transaction. 20. TIME LIMBS: Time shall in all respects 6e of dse essence hereof provided that the time for Joing or completing of any maker provided for herein may be extended or abridged by 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 moveyy hereunder may tae mode upon Seller or Buyer or their respective lawyers on the day set for ~omplotion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Coisse Populaire. 22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary ro this hansacfion under the provisions of the Family Law Act,- R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFfI: Seller represents and wamanh to Buyer that during the time Seller has owned the property, Seller has not roused any building on the Propery ro be insulated with insulation containing ureoformaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this hansaction. 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 nefified that a consumer report containing crcdR and/or personal information may be referred ro in connection with this transaction. 26. AGREEMENT IN WRITING: If there is oordlict or discrepancy between any provision added to dtis Agreement (including any Schedule arcached herero) and any provision in the standard preset portion hereof, the added provision shall supersede the standard preset provision ro the extent of such conflict or discrepancy. This Agreement including any Schedule anached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no represenrotbn, warmny, ~Ilateral agreement or condition, which affech This Agreement other than as expressed herein. For the purposes of this Agreementt~S~eller moons vendor and Buyer means purchaser. This Agreement shall be read with of changes of gender or number required aY the context. 27. TIME AND DATE: Any reference ro a time and date in Ihis Agreeme s all mean the Kme and dale where the property is kxated. INRIALS OF BUYER{S): INRIALS OF SELLER(S): O ® osoto,om.o rd°.. <..0•.~+1'aRrAn uinye~a»i.TeH.~.vs..vPeMav.Fabr.~"yf~~JJ~~~-~Y~~i~no+~" dem.~c., aei.~.,« aly Mp d+ma~gWwanYpoMid.op.:F pb xnwnw..,wndprn.0e+a dr w.,,..arev~moaere nr,ameam+wr~. term l0a Rn. 03/1010 Fape8ef3 YJEBFVma^' MarY1010 28. SUCCESSORS AND A5516N5: The heirs, executors, administrators, successors and assigns of the undersigned are. bound by the terms herein. SIG , SEALED AND DELIVERED in the presence of IN NE55 f eve herounlo set my hand and seal: ~~.. ..._....._ ..................................................... IBwe . .......... ..:............................ _...................._. DATE.....7~.~i.y.L!R Iswll ... ........... .~ ....................................................................... ..le4iv«j......._..._......................................................... ~ DATE.._............................... I, the Undersigned Seller, agree to the above Offer. I hereby irrevocably instruct my lawyer b pay directly ro the Listing Brokerage the unpaid balance of the commission together with oppliwble Goods and Services Tax land any other taxes as may hereafter be applicableJ, from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Lying Brokerage to my lawyer. DELIVERED in the proeenca of: IN WI E55 whe i hwe her<unro sal my hand and seal: ,~, ~- ~A 2Q~~..// I I .G.... .~". ~ ......................._ 1 II DATE..... 5..~ ............................................ ..... ............................................... ~ DATE................................... Iselt..rj ....................... SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant ro the provisions of the Family Law Act, R.5.0.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect ro the sale evidenced herein. .............................................................................. ................................................................................ ~I DATE................................... ::vme,q ispon.l Isml CONFIRMATION OF ACCEPTANCE: Notwithstanding anydlirg wntained herein ro the confrary, I confirm This Agreement with all nMnges both ype~d/and writlen was finaNy accepted by all porAes at.....y.Z..~.. arm.lp. I ........ ~.... day .......................... 20..~Q... . /' Is'~Bn red'sJl.r'ar Bwal' Brokamga. Ryan Realty SeLVices Ltd:,, Brokerage TeI.No.905-434-5128 ......... .. ... ........... Brokerage_.M..~N.COM MILLENNIUM REALTY INC. BROKERAGE 7eLNo..~905]720-2004 .................................................... r......................... ................................... 1603 HWY 2 ACKlgWtEMi6MEM I acknovAe receipt of my signed roPY of this accepted AgreemaN of I acknovAed W\~ Sala and tllodze Ilse Agent ro forward a ropy/b~~my~lawyer. Purchase on L.......... .. ~ ................... DATE,~Z /~0.... .............. le,m,l d Agreement of a wpy ~~/my~/s r. DATE..y~.liy. ~ 6... ... ....................................................... DATE...................... .......................................................................... DATE...................... Isdh;j............ Rvy.r1 Address for $arvice ............................................................................... Seller's Lawyer ...................................................................................... Address ............................................................................................... I Address for $ervi<e ..................................................... Buyer's bwyer ...................................................................................... Add res ................ _.............................. _............................................. .................................................... FA% No. FOR OFFICE USE ONIy COMMISSION one sd.: MIN REAL wxn 0 as d e dab aM time d Me oaepmnu of Ilse brgoinB ApreemeN W Purdaw and Sob. IAUhorimd to b rd * L tnR B.a4emg I - ®omlo.o~nrtmi Eadeem~l'osu9. Mrgro~.,.w.m,s>,m~a..gfbceu u,w..ebnPm..b~d~.~~adt~ .-my.Ay d~u.wnyadaonFpdidedagn.eepro.nr, m....,rdORFw. aawdr.Mi perg>,.pmaes. wndud p.rmrw. Rvsrl f00 Rar. 03/2010 Vape~ef5 WEBFams"'Mer/20t0 I.~~ ~~E~ Schedule A f,a„ ~~ "'~`""°" A9n:emaif of Purchase and 5a(e ~^, ~~ ~^ ~• f,,.;.~„r a,an, This Schedule is attached fo and forms port of the Agreement of Purchase and Sale between: BUYER,.1529250.Ontario lac. ............................ and .................................................................................................................. SELIER,.Municipalilx of Claring[on ................................................................................................................ for the purchase and sale of .186. George Reynplds.Driye,.Courtice ................................................................ Glaring[pg,_.,_ ...:............................. dared the .24th March .....................:... day of ...... ........................., 20.10.... . Buyer agrees ro pay the balance as follows: The Buyer agrees ro pay the balance of [he purchase ptice, subject to adjustments, by bank draft or certified cheque, to Ote Seller on the completion of this transaction The Buyer agrces to submit a deposit of FIVE THOUSAIJD DOLLARS ($5,000.00), ro Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the fime of notification of fulfilment or removal of the condition pertaining to Council Approval, to be held in trust pending completon or other termination of this Agreement, This amount is to be credited towards the purchase price on compledon of this transaction: The Buyer and Seller ackmowledge that the lots are fully serviced with water, hydro and gas and that building permits are available. The Seller agrees ro provide the buyer with any surveys, engineering reports and environmental studies on the said property upon acceptance of this agreement. / ~ UJ4t /rt q ,~ '" ton ~ The Seller and Buyer acknowledge that the closing date, at the Buyer's optioq will oat be earbcr than May 1, 2010 and not later than December 22, 2010. ~p ~ ~(y ~ ~ f~ ~ ter c,(ad ~; ~ r r -(., u , This form must be initialed by all parties fo the Agreement of Purcha and Sale.. ,,. INRUUS OF BUYER(SJ: INRIALS OF SEU.ER(SJ: ® Oxuio,oaar.d rasboma reMN~. alig~a nrxd.lN. bmwd...kvrdWaSwbM - dA miM., od Ya.w -ay arda~..a~voaee,:ra~uaa ecep v.Aive.:snmvadOVU.De.ddrvM+a~we~~vodvgY. m~dud a++>wsm. form l0a Rer. Oa/2010 Pap~S ofa NEBFwms°Marl2tlID ~~ ~ Schedule a ~~ ~~ Agreement of Purchase and Sale b ~~ e ~ ~> d o~ This Schedule is attach~d~tto anrd forms port oaf t~hepAr3rr~eement of Purchase and Sale between: BUYER,.. ...............~~as.QcS~.....OIV.A.r1ti.~0....1~.~ ~.......:..................:............:.........................., and SELLER,. Municipality, ofClaringtoq,,,,,,,,,,,,,,,,,,,,,,,,,,,,, fiQr~-~ /~,~~, (~~~.J....'.,.t.,...i..r..~.......~...^...:..../~.1~....~..~../.}..~...,..I .................................. for the property known as.....'.C.Tk(J..S.KN.~..1ST.I^1.YL.A.L7~....~-~f~,.....S.rQ~.lA4.1.1^^5~^~.,'~'''.........................:..... ...............:........................................ dated the ...........~7{.~'/~, ....,,..~[...,,.,~....~. dn~ay of ...~A.1~.4":1............., O.~Q_... . This offer is condi[ional upon Municipal council approval r failing which this offer is null and void and the buyers deposi[ is returned in full without interest or deduction. This condioon is included for the benefit df [he seller and may be waived at their sole option. The buyer agrees to: adhere to-the the lot grading plan as provided by the seller at a later date. pay fora 5350 street boulevard tree to the Municipality pay 5500 for a road damage deposit to the Municipality- pay abase pritt of 52110 for a curb cut to the Municipality and the buyer is aware there may be additional costs ~~ pay GST (prior to June 30, 2010) or HST (after July I, 2010) in addition. 'j~/,(,(, The buyer is aware that at time of building permit additidhal levies aie to be paid including: `~ regional SI8.521 municipal 513,'785 educational public S 835 separate S 364 The buyer is aware that these are 20101evies and subject to review June 30, 2010. The buyer is responsible to verify and satisfy themselves as to all costs and levies for this lot. The buyer is aware that this a former site of a Fire Hell and that a Phase 1 and Phase 2 Environmental Site Assessment has been done and agrees to purchase the lot es is. The buyers enters onto these properties at their own risk and liahitity. Thrbuyer is aware that the lots at 182 George Reyrmlds Drive require fencing on the west side and 194 George Remolds Drive require fencing on the east and north sides. All fencing is subject to Municipal approval. This form must ba initialed by olt potties to the Agreement of Purdha nd Sole. , /may ~ INTIALS OF BUYER(Sj: .INITIALS OF SELLER(Sji ~~/ ® 0X148, Ube IeW Ewe A,wredm 'OAE~1. N iipM,ewvd: Thy fmn w~ YMErbM.w wd ~~pmdrtFOn d b memb.n ad ikeNwr mh A^r aFr we o- npodww., o a;dibtred oc.pr.;ih air rm ~w d orEn Fersn 103 1008 iaa~ l d 1 WEBFams"'tro.now M g3 K• a ~ ~ ' .6Y'7C . _ _ _ _' s ~I r 5 lildd ' ` 6~, ~ ~ q S QQ R W M .OC,i~.st N • 1 h srx n ~ z 6 r ,6 C d i tavd~~ ~°6I 1 ~ - 1 5 ~ ~ - ~ ,. 9 .. ~ ~ ..M.AC.Sh9 a _ 1 ~ ~ ~ 8 £ 121Vd c = '~ ~ ' 1 1:/i , ,. ~~~ ~ b ~ _. 1 ~ ~ N ` § I1 ~ m ~ 1 •O 9 M .OC~At N s 1 ~~- l fi N . _ ~ 11 z 1 a ~ \ J/ ~ Z 121Vd ~ • ~ ~ ge - a V~ ® SY'IC M ~,ty.Bt N _ _ 9 f ~ ~• ~ 121tld ~ 8 9 . . ~ Y AC .9 N . ~ a '~Ep ~T~ae Confirmafion of CO'Operahon Form 320 "`""""' and Representation Iw ax .n ~. p,aan<e al Gnro,lc BGYERL1529250.Ontalio Inc ....................................._........_..............._:......................._..................................._.................................................. SFIIER MuntciplalFty of Clazm~ton ... .._... ..., ... .... ... ... 190 George Reynolds Dave Cotfrttce Clanngton _ , For lhehons Icon on the propery known os .. ~~ """' "' """ ~ ~~~~~ Fw the purposes of Ihts C fr anon of Coop olion a d Repre nWlion a Shcer ndudes verdog a londlwd w a prosped ,idle vendor or londlwd and o "Buyer' includes a pwchaseq a tenant, w a pospedive, buyer, purchaur or knom std o "sak' includes a hse. iM fdbwirlg brfartatdion it eellBrarlad by tlts undenigled sabWsnen/bleker rePrwrnalh'es of du &dceraprls). N a Co-operaNn9 ~~P it invehed H Hw sratlaaclifon, tlae 6rokaras7es apm ro co-aparab. In mnsidsroton of, and on [M terms and mltrRNerls m set sort bebw. DECUIRATION OF INSURANCE the undenlyned sdropenen/btoker rspmsnMiw(s) of Ms erokeraye(s) hereby declaro Mat M/sM b insured as required by the Rsol EabN and Business Brekera Ae1 (REBRA) and Reguleatiena. 1. LISTING BROKERAGE The Listing Brokerage represents the interests of [he Seller in this transaction. 2. CO.OPERATING BROKERAGE The Coopeating Brokerage represents the interests of the Buyer iv Mu transaction. It is ftmher understood and agreed that the Listing Brokerage will pay the Cooperating Brokerage m the commission as indicated iv the MLS® information for the property or, if not an MLS® listing: ^ e commission oE .................................................................................................................................. plus applicable Goods and Services Tex, from the amount paid by the Seller a the Listing Brokerage, on any trade whereiv the Cooperating Brokerage has obtained an accepted Agreement of Purchase and Seie, op[iov to Purchase or Agreement to Exchange and/or Leese. Said payment of commission will not make the Co-operating Brokerage either the agent or sub-agrnt afthe Seller or the Listing Brokerage. Additional comments nnd/or disclosures by Listing Brokerage: Additional egrttmrnU enclitic disclosures by Cooperating Brokerage: [e.g. The Co-operating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRUST AGREEMENT: Ifthe above Co-epemdng Brokmege is receiving paymem of commission from Ne Lifittg Brokerage, Ihen tie egreemewtbotween Listing Brokerage and Coupaxring Brokerage further includes a Cwnmiesion Trust Agreement, she cenaidaanon for whkb a the Co-operating Brokerage procuring an offer far a cede Pf the Inapmy, accepmble to Me Sellw. This Commiedan Trust Agreement stall be mbjecl b end govmlW by tie MLSd rules and regulatiom pertaining m commission trusts of the Listing erokerege'e lawl rd esmte bond, if the local board's MIS®sulsa and regutmions u provide. thhervnw, the provisions ofthe ORFA rewnvnnM~ MLS® rain and r~guledova shall apply to Ihis Comwaim Tres[ Agreetoeot. F'w the purpax of [hie Commiaaian Tma[ Agrxmept, the Commission Trust Anwuvt shall be the amount noted above. . ........ w.,.a...o.. a.,..h.. aactarvx that all monies rcmivod in comectioo with the wade a1W1 cotadtum a Commission Trust asd shill be heW, in trust for Ne Co-operating OF THE Fox: Dak:..3 :.. 2 ~.f..' ..~.{. V fax: CONSFNf FOR AWLTIPIE REPRESENfA710N (b be camplated only R Hw Brekerope nproaeMa men Man ens client far s11s kolsaction.) The Seller/Buyer consent wiM Mafr initials to Meir Bsoksrage O ropressnting mero Man tins <Ssnt for this transaction. ra wrote urta~s INIrVM1a ACKNOWLEDGE (/^/ n 1 hev received and uncle d Me abws ~If~ rm'a~llb~ .; .. .pore ~1.(/NI~N! .. . Dok:. r' ~ .. .... I ..... , o~dk~....... i3n o ~~oi 3db.] .. .. Dale:.. .. ...'... .... .Date: .......... ...... ]Sig tun of 9Pye ~....... ®a tee8, Onwc Rd Ewre Assecioaan rORFAT. All,gha rcserred. This loran wos dawlopd by ORFA b d,e ux and mprad-cfien Form S]0 200g^f Pape 1 of 1 d ib memban and Ikenseea only. Amu oYer wa o, np,w3uclion is wehibikd eacap wig, P,Iw wnxn <onxm of OREA. ,,, ~~ >~. Agreement of Purchase and Sale Farm 1Ct0 A„~~;~, k. ve m ~, Frovm.. d anon, This Agreement of Purchase and Sale doled this. 24@!...... .......... day of ..M..?rph 20 10.,, BUYER,.1529250.Ontario Inc. ....., agrees ro purchase from IPoII egol names o of Buyers) SELLER, Municipality of Clarington ........, the following '(Full egal'names~ol~olf'$ellersj ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~"~ ~ ~ ~ ~ ....................• •. • • •... •. REAL PROPERTY: Address.190 George,Reynolds, I)riye, Courtice ...„ ............................... fronting on the I'fo.?!h....................... side .. ........ of.Georpe Reynolds Drive ............. in the MunicipalitX. pf,,., Clarineton.............,.,.,..,..,..,...,..,......,... and having a frontage of .49.5, feet ,,,, ,,,,, , ,,,,, ,,,, more or less by a depth of .137. feet.,.., ., more or feu and legally described as .Concession 3 Part Lo[ 30 Plan 40R25845 Part 4 ............................................................................. ..• • ............................ • Ilepa ~aescription~of~far~d inc(u~inA ~eusemenls ~not'dexribed'eliewherej ... • •. • •. • • •. • •... • • • • •. •. • • • • •..... Ifhe "properly"(. PURCHASE PRICE: Dollars ICDN$(.100,000:00.,..,..„ ................... One Hundred Thousand ...Dolars . ........................................................................................................................................................... DEPOSR: Buyer submits . as otherwise described in this Agreement ... ...HercxiPo/U nACCe .. .ce rherwiw described in tins .............................••.......•.•......•.......• po ptan /aa a ngreemeMJ Five Thousand ............ Dollars (CDN$(.5,000:00 by negotiable cheque payable ro. Rxan Realty, Services Ltd:, Brplcera&e ................ ... "Deposit Holder" .............................. ro be hekf in host pending completion « other termination of this Agreemem and ro be credited toward the Purchase Price on completion. For the purposes of this Agreement Upon Accepronce" shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of Ire acceptance of this Agreement. The parties ro this Agreement hereby, acknowledge that, unleu otherwise provided for in dris Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Flolder's non-interest bearing Real Estate Trust Account and no interest shall 6e earned, received or paid on the deposit. Buyer agrees to pay the balance os more particularly ss} out in Sched~~u~~l}}e A atMched. SCHEDULE)5) A.,.B,. ~ .............................................................attached here~>fprm~s) part of this Agresmorsf. 1. IRREVCKABILRY: This Offef ~lpall be irrevocable by ..E4F.er.~° ~°..~ .. until .5.00 pm on r ISelbr~9a~.......... . ~~ ~ of .March .. .........:.........~.~.r./...~02Tr01.10....., aker which time, if not accepted, this the ............................ ... .. . . Offer shall be null and void and the deposit shot) be reNrned ro the Buyer in full without interest. 2. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on the see schedule "Ae day of ............................................ 20.......... Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 3. NO11CE5: The Seller herebvappoinh the listina Brdcemae os opentfor the Seller for the purpose of pivinp and receivhtq.rgfices pursuant Dr a111r10rRHa la W Oge naBce relating hereto «pron this offer a c«mkroEer, nc herero s(wll be deemed give Adcrlowledgement bekrv, « FAX No..905-033-8735 ® BZOIO,Qnb WEpA.ohRn raa, ..,~~: Ny P.yaFe wa Tadieb~b Pdliad 905-720-3006 ........................... (For del ivory of notices b &ryerf INRIALS OF SELLER)S): O rranu. Farm 100 Rev. 03/2010 Pays 1 of S wEBFOrms"'Mar/rm0 4, CHATTELS INCWDED: 5. FIXTURES EXCWDED: 6. RENTAL rtEMS: The fallowing equipment is rented and tso} included lathe Purchase Price. The Buyer agrees to assume the rental contracf(s(, if assumable :....................................................................................................................... ........................................................................................................................................................................ 7. GST/HST: If the sale of the properly (Real Properry,as d~scribed above( is subject to Goods and Services Tax (GST) or Harmonized Sales Tax (HST) then such tax shall! be ~!! a... ~?ion to ... the Purchase Price. If the sale of prxludad'i'h)in oddfiion rot the properly is not subject ro GST or HST, Seller agrees to certify on or before closing, that the sole of the property is not subj«f to GST or HST. Arry HST on chattels, if applicable, is not included in the purchase price. 8. TITLE SEARCH: Buyer shall be alkswed until 6:00 p.m. on the .......................... day of...................................., 20......., (R uisition Date) to examine the title to the Propery at Buyer's own expense and until the earlier of: ji( thirty days from the later of dte Requisition Date or the date on which the wnditions in Ihis !Agreement are fulfilled or otherwise waived or; (ii( five days prior Io completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Propery, and that its present use ( ............................................................. may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the property, and Seller agrees ro 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 warrant' of anyy kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided br in this Agreement. 10. TITLE: Provided that the. ride ro the property is good and free from qll registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (aJ any registered reshictions 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 wmplied with, or security has been posted ro 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 (dj any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines ar 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 ro any outstanding work order or deficiency notice, or ro the fact the said presentuse may not lawfully be continued or that the principal building may not be insured against risk of fire is mode in writing ro Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire (Tide Insurance) in favour of the Buyer and any mongagee, (with all related costs of the expense of the Seller, and which Buyer will not waive, this ggreement notwithstanding any intermediate ach or negotiations in respect o~such objections, shall be at an end and all monies ppaaid 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 ro have accepted Seller's tide to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyyer retain a lawyer to complete the Agreement of Purchase and Sale of the Propery and where the transaction will be completed by electronic regisration pursuant to Part III of the Land Registration Re~orm Acf, R.S.O. 1990 Chapter L4 and the Electonic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowled a and agree drat the exchange of closing funds, non+egistrable documenh and other items (the "Requisite Deliveries and the release thereof to the Seller and Buyer will (aI not «cur of the same time os the registration of the transfer/ eed jand any other dacumenh intended to ba registered in connection with the completion of this transaction] and (b) be subjec} to conditions whereby the lawyerjs) receiving any of the Requisite Deliveries will be required ro 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 irrev«ably insfruct the said lawyers to be bound by the d«ument registration agreement which is recommended from lime to time by the law Society of Upper Canada. Unless otherwise agreed ro 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 tide deed, absh«t carvey orother evidence of title ro the property except such as are in the possession or control of Seller. d requested by Buyer, Seller will deliver any skekh or survey of the property within Seller's conhd to Buyer as s«n as possi le and prior b the Requisition Dote. If a discharge of any Charge/Mortgage held by a corporation incorporated pursu to the Trust And Loan Companies Act ]Gonadal, INITIALS OF BUYER(S): INITIALS OF SELLER(S): ® 01010, OMab Rd E+e4 NV+dmfcefA~. M,gM1evwd Tmbm xm dsMiped ty ORE4 iepiodimnd2nwtlw, ad l'mw wt'arMu.a,gatwa~:po~iwW.~.:np4»,~r~wwdazFn m.aos...J,.~~~co>npm.;re Nm~dod p.rp>xM_ form 100 Ro-c 03/t010 PaysRdS YIEBFOrtnd"MarrzOID Chartered Bank Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not ro be aswmed by Buyer on completon, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking ro obtain, out of the cktsing funds, a discharge in regisrable form and ro register same, or cause same ro be registered, on title within a reasonable period of ttme after completion, provided that on or before wmpletion Seller shall provide ro Buyer a mortgage statement prepared by the mortgagee setting out the balance required ro obroin the discharge, and, where a reoliime elechonic cleared lands transfer rystem is not being used, o direction executed by Seller directing payment ro the mortgagee of the amount required to obtain the discharge out of the balance due on wmpletion. 13.INSPECIION: Bu r acknowledges Naving had the opportunity to inspect the property and onderstands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The 8 r acknowledges having the oppotiunity To Rnclude a regmrement far o property inspection report in this Agreement and a8roes that exxpf as may hs specifically provided for m This A~rosment, the Buyer will not be obtaining a property mspeefion or propsry impsction report regarding the properly. 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 ppaid returned without interest or deduction or else ro4e 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 aCharge/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 wvenanh 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 tapered in registrable Form at the expense of Seller, an arty Charge/Mortgage to be iven back by the Buyer to Seller at the expense of the Buyer. If requested b Buyer, Seller covenants that the Transfer/Deed ro be delivered on wmpletion shall contain the statements contemplatedyby Section 50(22] of die Planning Act, R.5.O.1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay ro the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the nonresidenry provisions of the Income Tax Act by reason ofthis sale. Bu r shall not claim such credit if Seller delivers on completion the prescribed certificate or a srotutory declaration that Seller is not dlen anon-resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty faxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed fo the day of completion, the day of completion itself to be apportioned ro Buyer. 19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be reassessed on an annual basis. The Buyer and Seller agree that no claim will be made against the Buyer or Seller ar any Brokerage or Salespperson, for arty chapges in property tax as a result of a reassessment of the property, save one except any properly taxes ttiat accrued prior to the wmpletion of This transaction. 20. TIME OMITS: 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 fender of documenh or moneyy hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money mayy be tendered by bank drab or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings OH'ice, Credit Union or Caisse Populaire. 22. FAMILY LAW ACT: Seller warrants that spousal consent is net necessary to this hansaction under the provisions of the Family Law Act,. R.S.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFFI: Seller represents and warranh to Buyer that during dte time Seller has owned the property, 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 property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this hansaction, and if the building is part of a multiple unit building, this warranty shall only apply to that port of the building which is the subject of this transaction. 24. IEGAL 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 conneefion with This transaction. 26. AGREEMENT IN WRITING: If there is conflict or discrepancy befsveari any provision added ro this Agreement (including any Schedule attached hereto) and any provision in the standard preset pofion hereof, the added provision shall supersede die standard pre•ssat provisim ro the extent of such conflict or disaepanry. This Agreement including any Schedule attached hereto, shall constiNte the entire Agreement between Buyer and Seller. There is no representation, warrant', cdlateral agreement or condition which attach this Agreement other Than os expressed herein. For the purposes of this Agreement Seller means vendor and (;agar means purchaser. This Agreement shall be read with all changes of gender or number required 6t' the confetti. 27. TIME AND DATE: Any referenra b a time and date in This Agrcement s II mean the time and date where the property is kxated. INITIALS OF BUYER{S): f 9 t fyt 1 INTMLS OF SELLER(S): O ®OXIIO.QmvAd Fm~~'asnl ra nde~v+d.li~: bmw.dwiW brarrPbly btliyvalLLnd2m~r8~. vd &sivr „y.Mydww.>~dn*epolwdcuF.MVb.~w..mxmtlonrarovde.wM.p.arov,.podag~M1..e~da~+dMm lormlaa Rm. 03/2010 rae~9oF3 wEeFOrms°MarR010 28. SUCCESSORS AND A5516N5: The heirs, execurors, dminishators, successors and assigns of the undersigned are bound by the terms herein. SIGN IED AND D VERED in tt~a presenw of: IN WR e I hove hereunto set my bond and seal DATE... ~L.7f.~//.Y......... ~m.~ . ...........:.........._............................._.. .. 11~ lsw4 jwm:u.._ ................................................................ ja_wl.................................._................................... ~I DATE................................... I, the Undersigned Seller, agree to the above Offer. I hereby iaevocobly instruct my lawyer to goy directly to the Usting Brokerage the unpaid balance of the commission to ether with applicable Goods and Services Tax (and any other taxes as may hereaker be applicoble~, from the proceeds of the sale prior ro any payment ro the undersigned on-completion, as advised by the Listing Brokerage to my lawyer SIG D, SEALED AND DELIVERED in the presence of: I~J~E55 whareo ev~e~hereunro/set my hand and seal: / Iwmes ............................................................................. DATE............................ ...... iwim:ul 15:II:Lj .............._....................................................... ISwll SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents ro the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.5.0.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents ro give full force and effect to the sole evidenced herein. ........................._.................................................. .............,......................._..........................._............ ~ DATE........... _...................... ryim:el Ispaerel Isdl CONFIRAVITWN CIF ACCEPTANCE: IVdwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes bothtyyp/ed and written was finally accepted byall parties at..."(.'.•~.....a.m./ .. ~~IS. ..._~~ .........................day usrrrg Brekemge. Ryan Realty.Services Ltd,,, Brokera~e._,,,.,,,,_ ......................_........................ TeLNo.905-034-5128......................... 39 Westmore Street, Courtice ___. MINCOM MILLENNIUM REALTY INC., BROKERAGE TeLNo..G~S]720; 2004 Coop~Bsryer Brakarage .......... .. ........ .........,.. _...... 1603 HWY 2 COURTICE ACKNONM1ED6EMEM I «krawledga r«aip of my signed copy of Rlis «cepled Agreement aF I «knowled Purr and Sya~l/~,/o~pd I•~aulhaize t'he Agent b 6orword a cop~y(Jb my le~wyer. Purchase an I ~/ /v-[/.//.M~.._._ ..................... DATE'.!s:!6sF.c.~ ISO.......,. of Ibis accepted AgreemaH of erH b forvmrd a copy b rosy awyer. .................. DATE.~ZI. J~...... .... DATE ...................... ............................................................................ DATE...................... (Sell:~i ........................................................... _....... I Bata) Address Seller's .................................................... FA%No. Address for Buyers Lawyec .................................._................................................. Address ............................................................................................... FOR OFFlCE USE ONLY COMMIfYON TRaeT xaRQMEFR Ta: ca. aRng brokerage shorn m the bmRaing ~ I d Parches. and sob: MINCOM MILLENNNM REALTY INC., BROKERAGE In wwiGrenen M the Coogrmm9 bakero99a prowrmg IFe beboirp nRr.emem of Purchow ord Sob, I hereby dedom drw dl m,meys mnird a Rdwbb by me in mnroeien with Iha irenwnion as mnromplded m the Ml3®Ralw and Rebulmio'u of my Real Esnro Beard doll b rewiwble and b Id in m,rs The aBreemenl shall wnslaue o Canmiuian irwtAgromanr w deRmd .n the MISW Rules and Jell be subea b anGd Bmnned by the MLSa Rules pabini,e b Cemmiuim irwr. DAi a the dde d Bme of the a pla,ae d Ae Fe,eB .q Agreamanr of Pachaa aW Sale. Ac1n d 6I N ihoi ed a bind Bw L t R Brdrabel .. _ .... ........... N ' ed lab d Ih CooPemiinB BmkemRel ®®msB, adore sd Ras Awmxa+l'aRU1-~~n~l..,vwd. Rln bmwdnlgdbyoRFa b, a. ~r nm medaw Ma nanb..od s~~ ,.air eedawa,ved,do^evdiieed wpwrF pia ~msnm..edaRU. Be rcldw.M tro^aevm~Jw:eL. .. dPen+rodw. Ferro 100 Rer. 03/4010 Pe0e4 of5 N'EeFpTUw' Mar11010 ~~ ~°dd. Schedule A ""°`°"°" Agreement of Purchase and Sale This Schedule is atloched to and forms port of dre Agreement of Purchase and Sale berween: BUYER,.1529250 Ontazio Inc. ................................................................... SELLER, Municipalitx of Clarinpton ................. ................... for the purchase and sale of ,190, George Reynolds Drive,.Cpprtice ................................................ Form 1)~ b u» .n iln irmime d Onorio ........................ and ............................... ............................... Clarinpton ......... dared the .24th .................................. day of March.. ................, 20.10.... . Buyer agrees ro pay the balance as follows: The Buyer agrees to pay the balance of the purchase price, subject [o adjustments, by bank draft or certified cheque, to the Seller on the completion of this transaction. The Buyer agrees to submit a deposit of FNE THOUSAND DOLLARS ($S,000.DO), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the time of notification of fulfilment or removal of the wndiGon pertaining to Council Approval, to be held in trust pending completion or other termination of this Agreement. This amount is to be credited towards the purohase price on completion of this transaction. The Buyer and Seller acknowledge that the lots are fully serviced with water, hydro and gas and that building permits are available. The Seller agrees to provide the buyer with any surveys, engineering reports and environmental studies on a said property upon acceptance of this agreement. 'r'~ -„~-- nrsridx reasasuble reiml>__.eat{ao-adverc s '1 rt't ;eo., °.ad `~/ `~ The Seller and Buyer acknowledge that the closing date, at the Buyet's opti~otna, will not be eazlier than May 1, 2010 and not later than December 22, 201-0. y^p ,E~ r,,.~(-t ~ m Irk` b,Q ./.{ toft~s( trs r,. n.'r4 kn (J at a r` This form must be initialed by all parties ro the Agreement of Purch s d Sale.. ~-~ r-r~ INrt1Al5 OF BUYER(S): INRWLS OF SELLER(S): (7!/ r{a OMIO,Gbo WIFm,Pmtldon raaFnl.urybn,..1.11r,bm vm drdPrdMOVfAbh aN die m.nb.. ad lim,s r~3 mM A+rd..w.smTM'~d~evddwieP•,n pe..,~r, ~idcara. w~aawwi.~r~~+re ~vd~eh. mMuJ e+~++wrm. Form 100 Rw.. 00/2010 ia6s3d3 KEBFmnsTM MarfI010 ~A Schedule s ~, ~. ~ ~. ~ rr~' o °s Agreement of Purchase and Sale This Schedule is attached to andFforr~ms part of the AOr/e~emenr nF Purchose and Sale between: BUYER.. ..............................~.JVI~C~~.~.....6./~~~.Q.....~.N.~t..:.......:..........,............................, and Municf alt of Clann ton .................................................................................................. SELLER.............P.... ~' ..............8..................,.......... for the propery known as..... ~~...ukQFIAE...>~`f ~QS,.,p.~... ~R ~......5. Vu.414!~.!'C~ :...................... ...... doted the .................~~........ day of ....L..L~Q~ ~, 20 ~.~..... . hh~3Z aoto This offer is conditional upon Municipal council approval ~ failing which this offer is null and void and the buyers deposit is returned in full without interest or deduction. This condition is included for the benefit of the seller and may be waived at their sole option. The buyer agrees to: - ,~ adhere to~tlte the lot grading plan as provided by the seler at a later date. pay fora 5350 street boulevard tree to the Municipality pay 5500 for a road damage deposit to the Municipality pay a base price pf 5200 for a curb cut to the Municipality and the buyer is aware there may be additional c ; pay GST (prior ro Jttne 30, 2010) or HST (after July 1, 2010) in addition. The buyer is aware that at time of building permit additidnal levies are to be paid including: regional 518,521 - municipal 513,785 educational public 5 835 separate S 364 The buyer is aware that these are 20101evies end subject to review Jtute 3Q, 2010. The buyer is respdnsible t0 verify and satisfy themselves as to all costs and levies for this lot. The buyer is aware that this a former site of a Fire Hall and the[ a Phase 1 and Phase 2 Envirdnmenral Si[e Assessment has barn done and agrees to purchase the lot as is. The buyers enters onto these properties at their own risk and liability... The buyer is aware that the lots at 182 George Reynolds Drive requhe fencing on the west side ertd 194 George Reynolds Drive require fencing on the east and north sides. All fencing is subject to Municipal approval. This form must be initioled by all ponies to the Agreement of Purcha ~ Sole. INTIALS OF BUYER(Sj; .. INITIALS OF SELLER(Sj: ® eroos, oMO,u rem EmkPaw(osm lroau~. NI ryM, rewv.d: Thniom w,de.`doped ~ dmmembrn o,d lica~w mH.~^v°r'°""'w'°M°d"~'°^aofOh'~~"~~°P!"'~' m"~dORFA. Form 10! 2009 -vaatofl Y,EaFarms"' NwR00r • 3 R _ ~ V ~ M..~~~ N !YK - .. ~ - .. . _ ~ ~ ~` „} 5 la`ld ~i 6~' ~ ~ b M ~~pYl N N ~~ Y 0 1Z1'Id ti ~pp'N .. ...M.JDC,Ma~.N - £ ltlVd MM, ,,OCS~~ ~e~s- t 1?fdd t l~ltld ~ ti b ~ `1 1 -- ~ ~ ~6I ~ ,dye `1 ., yi. .. ` b~ +~ a 9~/~ ~~ 8 ~` ~ 8 ~ Q YV~~ ~ ~ a _ ~S 6 /~Ij V~ ~ GG` ~ ...( ~/ ~'~ 1 ~' ~ y ~"°S '~ ~ E ~, ,~ $ i ~ ~~ RadEnok Confirmation Of Co-operation Term 3R0 A,aociaion and Representation ~ are;n ~ pro,Mre ~ Oak,i¢ 1529250 Ontario Inc. BUYER :................................................................................... .... ...... ... ....................................................................................................................... sEluR: Municipality of Clanngton ., ,,, .. .. .. p p¢rh 194 George,Reynolds Dnvq Courtlce Clanngton For the honsadion on the ro know as .. .. .. .. ._. .. ... ...... .. ._ .. ._.. .._.. For the purposes of shin Conlirmslion of Cooperation and Repres¢ blion a "Seller" indodns a rdar a laidbrd or o prospective Belk anda w landlord and ¢ "Buyer' includes a pwchaeer, ¢ Mont, or ¢ prospreaive, buyer, pwcheser w ronanl anda "sak` includes a lease. TM fdlosvbw tnforrnaeierr is ronpi+rred by the urdpdgnsd wlwpersen/bake raprosentalim eF1M BrokeropNsJ. N a co-ep.raXng Brokerage u inwhad in Hw trvrsadlen, Ihs brokerages ogres le osaperale, in eemkkraebn td, and en the wrm and eendRiens as see ord halaw. OEClARA710N OF INSURANCE: 7M undarsigrrsd salespanen/brokp reproromalhrols) eF the Brokpege(s) her~Y declare ghee he/she is Inrered u requked by ~ Rwl FstaM erd Bwirrsss Broken Acf (RE88A) and Regdaeiom. 7. LISTING BROKERAGE The Listing Brokerage represents the interests ofthe Seller in this transaction. 2. COAPERATING BROKERAGE The Coopeating Brokerage represents Ne interests of the Buyer in this aensadion. It is fuller understood and agreed [hat the Lisdog Bmkemge will pay the Co-operating Brokerage © the commission as indi<ekd in the MISS information for the property oq if not an MLS®listing: ^ a commission of .........................._....................:........................................................................................ plus applicable Goods and Srnices Tan, from the amount paid by the Seller to the Listing Brokerage, on any trede wherein the Co-operating Brokerage has obtained an accepted Agreement of Purchase and Sale, option to Purchase or Agreement to Exchange anNor Lease. Said payment of commission will not make the Cooperating Brokerage either Me agent or sub-agent of the Seller or the Listing Bmkemge. Additional comments and/or disclosures by Listing Brokerage: Additional wmments and/or disclosures by Co-operating Brokerage: [e.g. The Co-operating Brokerage represents more than one Buyer offering on this property.] COMMISSION TRIiST teats bond, if the local bobd's MLS'A tutee end ragulwoos w prodde.Otherwiae, roe pmviaiom ¢fthe OREA raoimwvdN MLSO mks end Commission Trill A~eemem. For Ne potpax efNU Commission Truer Agreement, she Comvdaion Trvat Amoum shall h the emoum nosed above. derl..n shat all moues reuivcd iv cooneaion wish she Bede shall covetiaue a Commission Trost avd shall tr held, intrust, fw Me Cboperemg 8Y iNE BROKER/SAIESpERSON REPRESENTATIYEIS) OF iNE Courtice ]603 HWY2 - 905~33 8735 ,,,,,.,.... rel:.(f~.y~]720-2004 f¢x: ....... Fez :........ .. ....'.. ... .............,.... ......._ M1................ CONSENT FOR MUOIPIE RlpRESEMATON Ib M esenpklsd pdy'd tlts Brokerage rspreaenfs roam ilran ors eiene for ilrs tsmraclion.] The Seger/gayer eensem wNh Nrek IniNab b their Brokerage ropressnNrg room Hron one eBerN Eor Nris aamaeNen. seuErs rmws etrta•e rraruu ActcnvwsAVrs r rp d, a~derjtand rM a e fo~ ~~ ... W le:.. sue(( _. ooro~ D .. _,. .. ....... E dl S' e .. _... Dab:. .... ... ... Derv ........ .. ....... 5a ni of 3'eR~l ... ... ._.. 7S~e i" 1"Euywj._. r0 C T008, Qawio Rwl EwN Nsocaion I'OREA'I. A9 ngNe reemd. Thu Iwm xvs dewbped by OREA Fx the un o,d,rpoducnm Fpm 7R0 ]008 ^' PaOS 1 of 1 LIB d 0r menhen and Mmcea only My dhor ux w repmdwim it prohibikd amp widt p,in wmm~ conwm of OREA. ," - ~~E,lel. Agreement of Purchase and Sale b,~x;,*,,,,„n`°"~io~00 asxiwien This Agreement of Purchase and Sale dated this. 24th ............................ day of . Mph................ ....... 20.10..... ............... BUYER,.1529250, Ontario,lnc., _ .. . ........................... agrees to purchase from '~'~~~~~~'~~")iull legal names of oll~(Isryenl~~~~~~~~~~~~~~~~~~~~ SELLER, Municipality of Clarington ..,, ...................... the following (Fah legal names of~ol($ellarsl ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ REAL PROPERTY: Address. 194 George Reynolds, I)rive~. Courtice,..,..,,., ............... fronting on the NO..~?....................... side ....................... oF. George Reynolds Drive., .,.,,, in the Municipality of.,,, Clarington and having a frontage of ,49,5. feet ,,, ,,,,,., more or less by a depth of ,130,feet ............................. more or lass and legally described as .Concessioq 3.Part Lot 30 PIag40R25845 Part 5 ....................................... ............ .... ... .. .................. .... ... ........:...................................... (the 'property"(. - (Legal ~descriptlon of~lond ~inc(uding easamenb nd d'escrilxrf ~e(sewherel PURCHASE PRICE: Dollars (CDN$).1,15,000:00 .........................„. One Hundred Fifteen Thousand ............................Dollars ......................................................................................................................................... DEPOSIT: Buyer submits . ~ otherwise described,in this Agreement ,.., .............. .................... . IH.r.wah/Upon Acceptance/os otherw se descr Mdin th s AgreemenQ Five Thousand Dollars (CDN$J.5,000;00 by negotiable cheque payable to. Ryan Realty,Services Ltd;,, Broker.age .. .............................................. ~•Deposit Holder" b be held in hest pendirq completion « other lertnination of Iflis Agreement and b 6e credited bsvard the Purdwse Price on completion For the purposes of this Agreement Upon Acceptance" shall mean that the Buyer is required ro deliver the deposit to the Deposit Holder within 24 hours of t(Se acceptance of this A~rcement The potties ro this Agreement hereby acknowledge that, unless otherwise provided f« in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Holder's non~interest bearing Real Estate Trust Account and no interest shall be earned, received or paid on Ifle deposit. Buyer agrees to pay the balance as more particularly set oaf in Schedule A attached. SCHEDULE(S) A,,.Br.~ ..............................................................aMached hergy~ form(s) pare of this AgrssmenT. 1~ ~ until.5:~ ..............Pm on 1. IRREVOCABILRY: This er shall be irrevocable by ..$!!!'!F.~' "-~ .................. . . (Setler)Buyerl the 24t4~, 25~... ~_ -,.,, oy o{ ,March .......................... 20.19....., 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 Agreement shall be completed by no toter than 6:00 p.m. on the see, schedule "A" „_. day oF ............................................ 20.......... Upon completion, vacant possession of the property shall 6e given to the Buyer unless otherwise provided far in this Agreement. 3. NOT~CES:1}le Seller Hereby appppooinh the Usfing Brokerage as agent for the Seller for the purpose of giving and receiving notices prrsuant b This Agreement. Where o Brokerage (Buyers &dcange) has enkred inb a represenldion agreement with the Buyer, fro Buyer hereby .....,,.,,,r. d.. a,,,.r. w,Jr..,,,,., .,e rrsnnr F« the «srnare of aivim and rescervina nofices pursuant b this .4oreemeN. WMre a Or FAX No. .905-033-8735,,,,,,,,,,,,, tfor delivery of noficesro Seller) F o. 905J20-3006 IFar delver of noticesw Bu t ............. y yar INITIALS OF Bl1YER(Sf: INTIALS OF SELLER(S(: ~i ® 03UIO, LFbu vmlEm A"ccMr"CPFA~. MAdeirW.RL bm.a.dvdaed b/09rAbi. dnmmb,ad kn,~ . wy ms de,wv~v^dm^•v~dMd.".p.M pvwrmn ~,.ndow o",aairwMVS+ um~ad +re s. Wdzdpsa po+m Ferm 100 Rcu. 03/3010 re0elefa wEBFarms"' taerrzot o 4. CHATTELS INCLUDED: 5. FIXTURES EXCLUDED: 6. RENTAL REMS: The following equipment is rented and rwf included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable :....................................................................................................................... ........................................................................................................................................................................ 7. GST/HST: If the sale of the property (Real Pro~erty.as t~~xribed above) is subject ro Goods and Services Tax (CST) or Harmonized Sales Tax (HST) then such tax shall be.!n. aa,, rt~on to ., the Purchase Price. If the sale of ii~a~aaa i~ii~ aadaf~n lot the properly is not subject to GST or HST, Seller agrees ro certify an or before closing, that the sale of the property is not subject ro GST or HSL Any HST on chattels, it applicable, is not included in the purchase price. 8. TRLE SEARCH: Buyer shall be allowed unfit 6:00 p.m. on the .......................... day of...................................., 20......., (Requisition Date) to examine the title to the Propery at Buyer's own expense and until the earlier oF: (i) thirty days from the later of the Requisition Dateor the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior ro completion, to satisfy Buyer that there are no outstanding work orders or deficienry notices affecting the Property, and that its present vse ( .......................................................................................................) may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the properly, arsd 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 anyy 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. TRLE: 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 wvenonts that run with the land providing that such are complied with; (b) any registered municipa) 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 municipally or regulated ufility; (c) an minor easements for the supply of domestic utility or telephone services ro the property or adjacent properties; and Id) any easements for drainage, srorm 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 tide or ro any outsanding work order or deficiency notice, or ro 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 (Tide 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 ppaaid 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 Buyyer retain a lawyer to complete the Agreernenl of Purchase and Sale of the Property and where the transaction will be completed by electronic registration pursuant to Part III of the Land Regishation Re~orm 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 otller items (the "Requisite Deliveries"I and the release thereof to the Seller and Buyer will (a not occur ar the same rime as the registration of the transfer/deed (and any other documents intended to 6e register in connection with the completion of this transaction(and (6) be subject to conditions whereby the la er(s) receiving any of the Requisite Deliveries will be required ro hold same 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 inshuct the said lawyers to be bound by the document registration agreement which is recommended Gam 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 arty tide deed, abshact carvey w other evidence of tide ro the property except such as are in the possession or control of Seller. If requested by Buyer, Sejler will deliver any sketch or survey of die properly within Seller's conhd ro Buyer as soon as po 'ble and prior b the Requisition Date. If a discharge of any Charge/Nartgage held by a corporation incag3orated pus ro the Trust And Loon Companies Act jCarwda), INTIALS OF BUYER(S): INITIALS OF SELLER(S): ® m]Oto,paurd bee. __..~~1'aru~L Ui ~sle,rwd. m. bm w.dn.q.dbaswb dmm~8v, a.druw ,.. dh wvd,.w.w~q.dew.~s nddr,smp+M pro- ~a~nvswmdatra. o,bdaw~n r~dre imod~re re,nnioJ pn+F>~ Form lOa fin. e3/Yo 10 Pog~]of5 WEBFa-ms^'Me,12010 Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurarxa Company and which is not ro be assumed by Buyer on completion, is not available in registrable form an completion Buyer agrees b accept Seller's kswyer's personal undertaking ro obtain, out of the cbsing funds, a dixharge in regishabje form and to register same, or cause same to be registered, on title within a reasonable period of fime aher completion, provided that on qr before completion Seller shall provide ro Buyer a mortgage srolement prepared by the mortgagee selling out the balance required ro obtain the discharge, and, where a reaFtime elechonic cleared Funds hansfer system is not being used, o direction executedby Seller directing payment ro the mortgagee of the amount required to obtain the dixharge out of the balance due on completion. 13. INSPECTION: Buye~r~ acknowledges Having had the opportuniy to inspect the property and understands that upon acceptance of this ONer there shall be a binding agreement of purchase and sale Between Buyer and Seller. The Buyer acknowledges having the opposiunily ro include a roroqquiroment ter a property inspection report in this AgresmeM and a8rees that except as may be specifically provided for m ihts t, ihs Buyer vn"II not be obtaimrg a propery mapecNon or property snspsction roporf raga ng the property. 14. INSURANCE: All buildings on the property and all other things being purchased shall ba and remain until wmPletion al the risk of Seller. Pending completion, Seller shall hold all insurance polices if any, and the proceeds thereof in hurt for the parties as their interests may appear and in the event of substantial rjamage Buyer may either terminate this Agreement and have all monies gpold returned without interest or deduction or else ta~Ce the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back o Charge/Mortgage, or Buyer is assuming oCharge/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 prov'~sions of the Planning Act by completion and Seller covenants fo proceed diligently at his expense to obtain any necessary wnsent 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~ ySeller, and any Charge/Martggaga to be even back by the Buyer to Seller at the expense of flee Buyer. If requested d B r, Seller covenanh that the Transfer/Used ro ba delivered on completion shall contain the statements contemplated by Section SOj22) of the Planning Act, R.S.O.1990. 17. RESIDENCY: Buyer shall ba credited towards the Purchase Price with the amount, if any, necessary for Buyarro Pay ro. the Minister of National Revenue to satisfy Buyer's liabiliy in respect of tax payable by Seller under the non-residency provisions of the Inwme Tax Ad by reason of Ihis sale. Bu er shall not claim such credit if Seller delivers on wmpletion the prescribed certificate or a statutory declaration that Seller is not then a norFrasident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realy taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed ro 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 reassessed 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 charges in properly tax as a result of a reassessment of the property, save anrj except any property taxes that accrued prior ro the completion of this hansaction. 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 by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may 6e specifically authorized in that regard. 21. TENDER: Any lender of documents or money hereunder may be mode upon Seller or Buyer or their respective lawyers on the day set for completion. Money may a tendered by book drop or cheque certified by a Chartered Bonk, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 22. FAMILY LAW ACT: Seller warranh that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R. 5.0.1990 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 propery, 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 propery wntains or has ever contained insulation that contains ureaformaldehvde. This warranty shall survive and not merge on the completion of this hansaction, and if the building is part of a multiple unit building, this warrant' shall only apply ro that part of the building which is the subject of this hansaction. 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 M in connection with this transaction. 26. AGREEMENT IN WRITING: If Thera is conflict or dixrepancy between any provision added ro this.Agreament )including any Schedule attached hereroj and any provision in the standard preset podion hereof, the added provision shall supersede the standard preset provision to the extent of such conflict or dixrepancy. This Agreement including any Schedule attached hereb, shall constitute the entire l~reement beMreen Buyer and Seller. There is no representation, wananty, collateral agreement or condition, which efface Ihis Agreemem other than as expressed herein. For Iha purposes of this Agrcement Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required (it' the come#. 27. TIME AND DATE: Any reference to a fime and date in this Agreeme I mean the fime and date where the properly is kxated. INITIALS OF BUYER(S): INTIALS OF SELLER(S): ®Oaoto,Qbb WEms n.mufu.l'oNFPry Mnd4,rvd.llw bm.e<a..eFabosrnbAw de~n.b..ad lbwen err nydsww~q~uw~apw bsd.mp:M1 pa~+mm ~,.~ndorrn.w~a~..~.~pve~g ~n~W.++e ~+.~dp+w w^e^ Fwm 10a Rer. 03/I010 Pops3ef3 WEBFwmaTM MarY1010 28. SUCCESSORS AND A5516N5: The heirs, executors administrators, successors and assigns of the undersigned are bound by the termsherein. SIG D, lED AND DE RED in the presence of: IN W E55 hove hereanb sal my hood and seal: //11 . -. .......................................... DATE....~...fy~Lll...... ~~ .. '8.... rl ........................................................................ Iseoli ~~• ..................................................................... Ismrel ~ DATE................................... I, 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 t ether with applicable Goods and Services Tax fond any other tuxes as may hereafter be applicable), From the proceeds of the sale prior ro any payment to the undersigned on completion, as advised by the ~.isting~8rokerage ro my lawyer. in the presence oh IN WI~IE55 wha~f l hove hereunro sal my hand and seal: DATf~?ff~`~..~~...~..0 Is«II DATE ................................... Is«q SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents ro the disposition evidenced herein pursuant ro the provisions of the Family Law Act, R.5.0.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents ro give full force and effect b the sale evidenced herein. ............................................................................. ~ DATE................................... IvWi:es.l .l~>el ...................................................................._ Iseo9 CONFIRMATION OF ACCEPTANCE: Nohvilhsronding anything carsroined herein ro the conhnry, I confirm this I>\greement with all charges both typed and written was finally accepted byall parties at.. ~:~30.....+awe/p.m.'~~.. yl... 2.'.~t' ......................day ,,r~J•tZG~ ............... 20./x.... . of .................1..' .......................... ........ . ' eeei„r: d'sil:i'a; a~Orj Gsrng Brokerage. Ryas Realty Services Ltd.,. Brokerage ....................._...._................................ ieLNo. 905-034-5128 ......................... 39 Westmore Street, Courtice ........................................................................................................................................................................................................................ Coop/Boyar Brokerage...M..INCOMMILLENNlUM REALTY_INC.r BROKERAGE , TeLNo,.~905~720-2004 1603 HWY 2 COURTICE ........................................................................................................................................................................................................................ ACKrWWLEOGEMEEYT I acknowl a receipt of my signed ropy of This oaepred Agreement d I ocknowed fLrc ~ Sale a outhorlu the~/Agero b forward a copy//b m~y~lavryJe~r. Rurchosa an .ei ..~ A.1rP^..!.5 ........................ DATE/.ri/~l:'.K IB ~)......., .. UUU DATE ...................... I~e~ .................... _........................................... _. IB~iI...... _. Address Seller's ......_...........'tiN:~ .................................................... fA% No. F00. OffKE USE ONIY COI,IIe1eA0N TWLT ,IWRMRM re: e„ppm«aannng era.aa• ~^•^ ^^ A• I=s•aoi^e Asr••mem d Purcha.e ^nd Sob MINCOM MILLENNIUM REALTY INC, BROKERAGE In mn^derai^n M Nw Coapm lingg Bmkraggaa procuimg the f•regemg POreemem al Pwchoae oid 5^b, I hereby d«hn Ihm all manryr r«ahed ar r«avable by me in Mruclion wM Me irans•dian ae,cnbmplebd In Iha MEE®Rub. and Rego di^ru of my R«I Esae gowd rhaP M r«eiroNe and heN in Init. Thie agrewnenl droll comliNb a Cammiesim iryd Ngr«ment ,.. d.g...A :. r6. MISrb P^6. e^d shall M w6i«r b and warmd by he MISARob. wddnirw b Comminim Lml. and lime of the «cepb«e d Ire Fmegeing Og,eemenl al Pvrchwe and Sde. Coopemling of Ihis ouepted Agreement of ant q forward a coq q my r. ...... DATE.~~T!~.ID.... DATE ...................... Address for $ervice ............................................................................... Boyar's ® ®'X119. [kL'uAd EW4NwrMdm "aAFNI NI r~irvM. Tu lwm w.dembped b/QfAbM w rod rpd~xl •d k meAarod Ivww ,di aydr,e.aryo#embp... mssp •+FIm ~lr.menrdGFA. Damdrwlw pnK.yw~es.mwdl.w as+m. Fsm 100 Rw. 03/2010 Paps9oF5 WEBFarme^`Mer13919 ~~ '~ Schedule A A9P~fI11CP1} Of PYPC(IOSO G11iI SO(C Porm 100 br eu in the Frovinw d Omm~o This Schedule is attached ro and forms part of the Agreement of Purchase and Sale behvean: BUYER,. X529250 Ontario.Inc. . ......................................................................................... SELLER, Municipality.of Clarington ................................................................................ for the purchase and sale of ,194 George Reynolds Drives Couryice .............................. ............. and Clarington ....................................... dated the .24th.................................. day of .March........................, 20. ~~.... . Buyer agrees to pay the balance as follows: The Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank dsaft or certified cheque, to the Seller on the completion of this transaction. The Buyer agrees to submit a deposit of FIVE THOUSAND DOLLARS ($5,000.00), to Ryan Realty Services Ltd., Brokerage, by negotiable cheque, at the fime of notification of fulfilment or removal of the wnditiom pertaining to Council Approval, to be held in trust pending completion or other terninatioa of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction. The Buyer and Seller acknowledge that the lots are fully serviced with water, hydro and gas and that building permits are available, The Seller agrees to provide the buyer with any surveys, engineering reports and environmental studies on the said property upon acceptance of this agreement. ~LV(9~/b/ n. '~~ The Seller and Buyer ackmowledge that the closing date, at the Buyet's option, will not be eazlier than May I, 2010 and not later than December 22, 2010. 3o a wr ndit cQ /Mbsor !6Q v i clec( t n w r..f, sy Ptto-f This form must fie initialed by all parties to the Agreement of LJ7 INRU-LS OF BUYER(S): Sale.. INRIALS OF SELLER(S): C !Ti ) rpav. Farm 10m Rev. 07/2010 Po9a 3 aF 3 Vr£aFwma^MerR010 ~~~~,, Schedule J3 ~rn,>!os n„«~„ AgreemerN of Purchase and Sak ~« ~- ~n a. ac.MCe ~ o~~o This Schedule is attached to and forms part of the Agreement nl Purchase and Sale behveen: BUYER.......: ...::....:................1..4~..~....9a`~.~7~.....f~,f~/.-~f.Q.(Q....f.N..C.:.r.....................:..................., and SELLER.. Municipality„of Clarinnngton....../..s..~..,,.,.~...^^...,,.--.........../..~ ....................................f.~.:.n........~................................ for the property known os:.... L.7.~.... ~~:~S-sE... K~~./.~~Q..LD.~.....!~r~_.:.ti_.L,.N/.I./F~~~....... .........datedthe ...............~~..~~...........dayof.a.~f.........., 10...... ~ ~ rAp,1,e a-~ , ao I a `~ This offer is conditional upon Municipal council approval failing . which this offer is null and void and the buyers deposit is returned in full without interest or deduction. This condition is included for the benefit of [he seller and may be waived at their sole option. - The buyer agrees ro: adhere tothe the lot grading plan as providedby the xlkr at a later date. payfor a $350 street boulevard tree to the Municipality pay $$OOfor a road damage deposit to the Municipality pay a box price of $200 for a curb cut to the Municipality and the buyer is aware there may be additional pay GST (prio(w June 30, 2010) or HST (after July I, 2010) in addition. Thebuyer is aware that at titae of building permit addidonal levies are to be paid including: regional 518,521 - municipal 513,785 educational public S 835 - ,. xparete $ 364 - The buyer is aware that then are 2010 levies and subject to review June 3Q, 2010. The buyer is responsible to verify and satisfy themxlves as to all costs and levies for this lot. The buyer isaware that this a former site of a Fire Hall and that a Ishax 1 and Phax 2 Environmental Site Assessmem has been done and agrees to purohax the bt as is. Thebuyers enters onto [hex progenies at their own risk and liability... The buyer is aware that the lots at 182 George Reynolds Ihive require fencing on the west side and 194 George Reynolds Driverequire fencing on the east and nonh sides. All fencing is subject to Municipal approval. This form must be initialed by oll parties to the Agreement of Purc nd Sale. ' INRIALS OF BUYER(S)[ ~ INRIALS OF SELLER(S): ®m zoos. awb r.d ha. ~«asa, rorra~. M nann,:.,.dd: m.s r~n,,:a.~ _ ~ vr. w and ~wx«+od - ~....... d is •emban and lim,+ea mh. ~^Y aAa.w m,.ymd,o'm L poh~6~ed v~.P!.Sh ed~ 'nn eNVwd daRFA. roan 105 7008 lose 1 el l sut=eFOmrs^' ra.rsoot ~' I ~ 5 12Nd ' ~ W ~$~ ~ ~ ~ S O e. ~~ - 1z h 5 `~' ` •S o ~ ~ tavd:- 06/ ~ ~. ~ ~~ S Q $ £ 121Vd a _ M ,p~,ttiA1 N i tavd `~ N l 12lVd 1 ~ ~ 1 a: ~1 11 o = 1 9g~~ ~ry h S ,~ ~ g 1 _ N 111 - _.. ~ a 1 CZg~. . o-~ ~ 1 • ~ .tea' '`'~~ ~ ~ ~~ Ny~~ '°8 C_~_ ^ $' -. - Attachment 4 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R- 25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1: THAT the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd., referred to in Report PSD-054-10, is ratified and confirmed; and 2. THAT the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice, be authorized. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 5 To Report PSD-054-10 being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Part 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice in accordance with the recommendations contained in Report PDS-054-10, is ratified and confirmed. BY-LAW read a first time this day of 201 D BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 6 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to authorize the sale and transfer to 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: THAT the lands more particularly described as Part 2, 3, 4 and 5 on Plan 40R- 25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice be sold and transferred to 1529250 Ontario Inc. pursuant to the Agreements of Purchase and Sale contained in Report PDS-054-10. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk