2000-019
~
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2000- 19
Being a By-law to authorize the sale of surplus land to, Kenneth Paul Micks and Teresa
Anne Micks, being Lot 19, Plan 51M-456, Township of Oro-Medonte (formerly Township
of Oro)
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WHEREAS the Municipal Act, RS.O. 1990, c.M.45, Sections 191 and 193, as amended,
authorize a Council of a municipality to dispose of surplus real property in accordance with the
provisions of a by-law passed by the Council establishing procedures governing the sale of such
real property;
AND WHEREAS Council passed By-law No. 96-35, pursuant to Section 193 ofthe Municipal
Act on the 17th day of April, 1996, being a by-law to establish procedures governing the sale of
real property;
AND WHEREAS pursuant to Schedule "A" to the said By-law No. 96-35, the appropriate steps
were followed to declare the lands described in Schedule "A" attached hereto as surplus to the
needs of the Municipality, and Council, by Resolution No. 17 dated March 5, 1997, declared the
said lands to be surplus and directed that notice of sale be published in accordance with By-law
96-35;
AND WHEREAS the Municipality published Notice ofInvitation to Submit Tenders for the
listing of the subject property in accordance with the provisions of Schedule "A" to By-law 96-
35, and the Municipality subsequently listed the property for sale and entered into an Agreement
of Purchase and Sale thereafter in the fonn of the Agreement of Purchase and Sale attached
hereto as Schedule "B";
AND WHEREAS the Municipality subsequently conveyed the lands in Schedule "A" attached
hereto to Kenneth Paul Micks and Teresa Anne Micks pursuant to the tenns of the Agreement of
Purchase and Sale on the 28th day of January 2000;
AND WHEREAS it is deemed expedient to confinn the actions of the Municipality in
conveying the subject lands;
NOW THEREFORE the Council of The Corporation ofthe Township ofOro-Medonte hereby
enacts as follows:
1. The Municipality hereby authorizes and confinns the sale of the lands described in Schedule
"A" attached hereto to Kenneth Paul Micks and Teresa Anne Micks for the sum of
$49,000.00.
2. The actions of the Mayor and the Clerk are hereby confinned and ratified in respect ofthe
execution of the Listing Agreement and the Agreement of Purchase and Sale in connection
with the lands described in Schedule "A" attached hereto. The actions ofthe Mayor and the
Clerk are hereby confinned and ratified in respect of the execution of all other documentation
required to give effect to the sale ofthe said lands.
By-law read a first and second time this 15t day of March, 2000.
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By-law read a third time and finally passed this 1st day of March ,2000.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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~:JY#~..o/':L #-<:,. _
Clerk, Lynda Aiken
SCHEDULE "A"
Parcel 19-1, Section 51M-456, being Lot 19, Plan 51M-456, Township ofOro-Medonte
(fonnerly Township ofOro), County of Simcoe.
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A..""laUOD
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
Schedule "B"
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REALTOr
VENDOR,
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u ..,..... mmmu uTQWN~~IPu9F QRO/MEDONTE
(Fult legal oom.. ;.i aii\;~I" ..
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, agrees to purchase from
PURCHASER,
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. ,the following
REAL PROPERTY:
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uu~QIt~_,E3R!.Q~!;P.AIH .uu.uu._fronting on the, . um!;A~Im uside ofE3RIP.~~PAIH..
_ _ TO~1H~~ OF q~o _MEDONTI;! ~OUNTY OF SIM~OE . '. u.._...._..u__
. 17~41 JylET~ES --I more or less by 0 depth of _. _ _ _ IRREG. ___ __. _._ more or less and legally described os
. - ~QT 1.9 .p~~ M 961.TOWNSHIP QF. O~Q .f!'EPON:r1; (FORPt1_E~L y .O~O). _ _.. _,_._ . m _ m'_'_'_mU'_"'.m_m...
Address....
in the
and having 0 frontage of....
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... mf.QBTY::NIN~..TH_9_{J~AN.Qu~~.~~~~~~~~~~A~~99[1.()()_m.__.Dollars (CDN$
.Phe 'property").
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EPOSIT:
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Purchaser submits ( .~P~~~~f~~~.~.wL_.._.9N.~_Ttt.Q_~~ANQ_~~~~~~~~~"A~~,\()()!t99w___ Dollars (CDN$ ...w ..__.JI9.()()!9.9._.. u_ )
cosh or n~oti.able ch<<:Gue payable to._...mtt9-M~bI.F.I;!JS.~.IIJIP.~.Nf.!;bI.JS~.bJ~X_R~bTY~IP._~..___.....to be held in trust pending completion or
other termlnahon of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance os follows:
The Purchaser agrees to pay the balance of the purchase price, subject to adjustments, in cash or by certified
cheque, to the Vendor on the completion of this transaction.
If this transaction is subject to Goods and Services Tax (GST), then such GST shall be in addition to and not
included in the purchase price, and GST shall be collected and remitted in accordance with applicable
legislation.
The Vendor supplies, as attached hereto, a copy of an existing surveyor sketch of the property.
The Purchaser ac~nowledges that development charges of approximately $3,000.00 and education development
charges of approximately $1,200.00 are payable by the Purchaer and are in addition to the purchase price.
1.
SCHEDULE(S)..__
CHAMLS INCLUDED:.._
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__.............attached hereto form(s) port of this Agreement.
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2. fiXTURES EXCLUDED:...
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3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Purchaser agrees to assume the rental contrad(s), if assumable:
4.
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IRREVOCABILITY: This Offer shalf be irrevocable by PURCHASER until 11 :59 p.m. on the 21ST day of OCTOBER
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after which time, if not accepted, this Offer sholl be null and void and the deposit shall be returned to the Purchaser in full without interest.
COMPLETION DATE: This Agreemenft Shhall be comphletlled by no laterhthan 6:00 p.m.on the[...~~If.:L'd. .. day oCL..mm.._~AN~ARX_m..m__.,~9()()......m'
Upon completion,vacant possession 0 t e property s 0 be given to t e Purchaser unless otnerwise provi ed for in tnis Agreement. (year)
NOTICES: Vendor hereby appoints the Usting Broker os Agent for the purpose of giving and receiving notices pursuont to this Agreement. Only If the Co-operating'
Broker represents the Interests of the Purchaser In this transaction, the Purchaser hereby appoints the Co-operating Broker os Agent for the purpose of
giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of
acceptance thereof, or any notice sholl be deemed given and received, when hand delivered to the address for service provided in the Acknowledgement below, or
where 0 facsimile number is provided herein, when transmitted electronically to that facsimile number.
FAX No.... '.m' (For delivef)' of notic..to Vendooj FAX No. ..
1999
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5.
6.
..... ._.......m....._n.. .
(for delive<y 01 nofic.. to Purcha.er)
...the Purchase Price.
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7. GST: If this transadion is subject to Goods and Services Tax (G.S.T.), then such tax shall be IN ADDITION TO
'.. .. (IncIUdedT,y,ii' adaiiion'ior' ......
If this transadion is not subject to G.S.T., Vendor agrees to certify on or before closing, that the transadion is not subject to G.S.T.
8. TITLE SEARCH: Purchaser sholl be allowed until 6:00 p.m. on the. . 1 ~Ift....day of...... ..... .._~}~N..lJA.B'(......._.......... ..J....?.().9.()..._, (Requisition Dote) to
(yeo~
examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Dote or the dote on which the
conditions in this Agreement ore fulfilled or otherwise waived or; (ii) five days prior to completion, to sati~ himself that there ore no outstanding work orders
~a~~~ii~~~i~:~~:::n~~~~~ffh:~r:~~:~~ 'b:rd~~~s~JYbe'i;:;su;:e(rQgalnsi";:;sk-a"fire:VendcY~fe~y!ns:~Ao'jfie'munidpOlilY-'or"oifierg'overnmenial
agencies releasing to Purchaser details of 011 outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations
in this regard os Purchaser may reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is
or will be lawful except as may be specifically provided for in this Agreement.
10. TITLE: Provided that the title to the property is good and free from 011 registered restridions, charges, liens, and encumbrances except as otherwise specifically provided in
this Agreement and save and except for (0) any registered restridions 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 hove been complied with, or security has been posted to ensure compliance
and completion, os evidenced by 0 letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone
services fo the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, coble television lines
or other services which do not moterially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any
outstanding work order or deficiency notice, or to the fad the said presen' use may not lawfully be continued, or that the principal building may not be insured
against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this
Agreement notwithstanding any intermediate ods or negotiations in respect of such obl'edions, shall be at on end and 011 monies paid shall be returned without interest
or dedudion and Vendor, Listing Broker and Co-operating Broker shall not be liab e for any costs or damages. Save as to any valid objection so mode by such
day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
OREA Standard Form: Do not alter when printing or reproducing the standard pre-set portion. "'1111 No. 101
'lfEAl FORMS"S.G 01/99
01/97
11.
DOCU!t'ENTS AN~ DISCHARGE: Purchaser sholl not call for the production o~ any.title deed abstract, surveyor olher eVIdence or TIlle 10 III.. I-',v!-,Q"l. _WI-" <Ow....
os ore In the possession or conlrol of Vendor. If requested by Purchaser, Vendor WIll deliver any sketch or survey of the property within Vendor's control to r'urchoser as
soon os possible and prior 10 the Requisition Dote. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust '-~ Loan
Companies Act (Canada), Chartered Bonk, Trust Company, Credit Union, Caisse Populaire or Insurance Com~any and Which is not to be assumed by Puntnaser!
on completion, is not available in registrable form on completion, Purchaser agrees to accept Vendor's lawyer s personal undertaking to obtain, out of the closing
funds, a dischargE!' in registrable form and to register some on title within a reasonable period of time offer completion, provided that on or before completion
Vendor sholl provide to Purchaser a mortgage statement prepared by the mortgal'lee selting out the balance required to obtain the discharge, together with 0
direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.
INSPECTION: Purchaser acknowledges having hod the opportunity to inspect the property and understands that upon acceptance of this Offer
there sholl be a binding agreement of purchase and sale between Purchaser and Vendor.
INSURANCE: All builcings on the property and all other things being purchased sholl be and remain until completion at the risk of Vendor. Pending completion,
Vendor sholl hold all insurance pol ides, if any, and the proceeds thereof in trust for the parties os their interests may appear and in the event of substantial damage,
Purchaser may either terminate this AQreement and hove 011 monies paid returned without interest or deduction or else toke the proceeds of any insurance and
complete the purchase. No insurance snoll be transferred on completion. If Vendor is taking back 0 Charge/Mortgage, or Purchaser is assuming 0 Charge/Mortgage,
Purchaser sholl supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion.
PLANNING ACT: This ~reement sholl be effective to create on interest in the property only if Vendor complies with the subdivision control provisions of the
PlanninB Act by completion and Vendor covenants to proceed diligently at his ~e to obtain any necessary consent by completion.
DOCUMENT PREPARAnON: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in regIStrable form at the expense of Vendor, and
any Charge/Mortgage to be given bock by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the
Transfer/Deed to be celivered on completion sholl contain the statements contemplated by Section 50 (22) of the Planning Act, R.S.O. 1990.
RESIDENCY: Purchaser sholl be credited towards the Purchase Price with the amount, if an)/, necessary for Purchaser to pay to the Minister of Notional Revenue to
satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sole. Purchaser sholl not
claim such credit if Vendor delivers on complellon the prescribed certificate or a statutory declaration that Vendor is not then 0 non-residenf of Canada.
ADJUSTMENTS: lv1y rents, mortgaQe interesfl realty taxes including locol improvement rates and unmetered public or private utility charges and unmetered cost
of fuel, os applicable, shall be apportioned and allowed to the day of completion, the do)' of completion itself to be apportioned to Purchaser. .
nME UMITS: Time shall in 011 respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be exte"
or abridged by on agreement in wnting signed by Vendor and Purchaser or by their respective lawyers whO may be specifically authorized in that regard.
TENDER: lv1y tender of documents or money hereunder may be mode upon Vendor or Purchaser or their respective lawyers on the day set for completion. M
may be tendered by bonk draft or cheQue certified by a Chartered Bonk, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire.
FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's
spouse has executed the consent hereinafter provided.
UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be
insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contoins or has ever contained
insulation that contains ureaforrnaldehyde. This warranty sholl survive and not merge on the completion of this transaction, and if the building is part of 0 multiple
unit building, this warranty shall only apply to that port of the building which is the subject of this transaction.
CONSUMER REPORTS: The Purchaser Is hereby notified that a consumer report containing credit and/or personal Information may be referred to In
connection with this transaction.
AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
AGREEMENT IN WRlnNG: If there is conflict between any provision added to this AQreement (includinlj any Schedule attached hereto) and any provision
in the standard pre-set portion hereof, the added provision sholl supersede the standard pre-setlrovislon to the extent of such conflict. This Agreement
including any Schedule at/ached heretohshall constitute the entire ~reement between Purchaser on Vendor. There is no representation, warranty, collateral
agreement or condition, which affects t is ~reement other than os expressed herein. This ~reement sholl be read with all changes of gender or number
required by the context.
SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned ore bound by the terms herein.
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BARRIE
HE6'i~'i~"p~;;;~~~;';;f;'"
r~~ 20TH day of
IN ~TN~SS ~her~f If&~~~hand and_seal:
IPutchaterj KEN MICKS
.
(SeoI)
.
(S6o/J
DATE
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I, the Undersigned Vendor, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the Usting Broker the unpaid balance of the commission
together with applicable Goods and Services Tax (and any other taxes os may hereafter be applicable), from the proceeds of the sole prior to any payment to the
undersigned on completion, os advised by the Usting Broker to my lawyer.
....H..H ...... .... .Hn.....H....... .....n.. .this.......H.H.?'IH.. .....H.HHH.. day Of."H'"
IN WITNESS whereof t hove hereunto set my hand and seal:
.. .._'~"",!..(:.,--..d~.HH_n'H'HnHH_H'_'H_n..__..
(Vendorl TOWNSHIP OF ORO/MEDONTE
OCTOBER
.. h.........,........._............. ..
.......,..................-... ...............-.-.........-
.
(SeoI)
.
(SeoI)
.1.........................
(year)
1999
(W'.iOOUiHH
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(V;;;;do~"
DATE
._....,._._......_....._uu_._...
SPOUSAl. CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act,
R.S.O. 1990, and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effed to the sale evidenced herein.
(W~~;i
(Spous.)
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.
($eol)
DATE. ..
::::;~:mON OF EXECUnON: ::Wit~;?i;;i::~n:f~~~t~i~~Q!;t~,',c~~/.~~reement with all changes
(year) "
CONFIRMATION OF REPRESENTATION
I hereby acknowledge and confirm the listing Broker represents the interests of the I hereby acknowledge and confirm the Co-operating Broker represents the interests
written was finally executed by
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Nanle 01 liMing Broker: .1:f9Mi:LIF.[;J!<EMP!:N.tI:I,TKEllXR,IEALJ'(I"IP'm
VENDOR
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nn..... in this transadion.
of the n ..
PURCHASER
. .nWimdorlf'iifdia,orjn.n..n
in this transaction
S,giiciiiir;;of'CO;'ope;aiiiig'Sroker'o,'oUiliOifiea .'epresei1tCi6ve......
.,..._.."~n...__._._......_.__....
Nome at Co.operating Broker: .m~~NTY~.Y.~1~~"".H~Q.:n:l~!~A~r(~TP~
( 705)
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722-8191
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737-3664
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( 70S)
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735-6960
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ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy 01 this accepted AQraament of Purchase and
Sale and I authorize the Agent to forward a copy to my lawyer.
..Lb~..m...mHmDATE
SHIP OF ORO/MEDONTE
..nDATE n'
I acknowledge receipt 01 my signed copy of this accepted Agreement of Purchase and
Sale and I authorize the Agent to forward a copy to my lawyer.
DATE
KetfNiicKS' ..
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Address for Service: .
DATE
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Address for Service:
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.. ......... .....-.......-....-...
Tel. No.
.....................-.....
.... ......................"...-........
Tel. No.
Vendor's Lawyer
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Purchaser's Lawyer
TeI.No.
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Address
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..".........................-....................
Address
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Tel. No.
FAX No.
FOR OFFICE USE ONLY
COMMISSION TRUST AGRlEMI!N1'
To: Co-operating Broker shown on fhe foregoing Agreement 01 Purchase and Sale: . . . .
In considerolion for the Co-Operoling Broker procuring the foregoi~g Agreement of Purchase and Sale, I her~by declare thol ~II moneys. receIved or receIvable ~y me In conn~~on
with the Transaction os contemploled in the MLS Rules and Ragulahons of my Real alole Boord shall be receivable ond held In trust. This agreement sholl consiltute 0 Commission
Trust AQreement os defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust.
DATED oS 01 the dat;~0the ~7....:e of the fOreg~ing Agr~ement of Purchase and Sale. Acknowledged by:
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