2000-001
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2000-1
Being a By-law to authorize the sale of surplus land to Jesse Northcott and Linda
Northcott, being Lot 145, Plan 51M-456, Township of Oro-Medonte (formerly Township of
Oro)
WHEREAS the Municipal Act, R.S.O. 1990, c.MA5, 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 of the 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 Jesse Northcott and Linda Northcott pursuant to the tenns of the Agreement of
Purchase and Sale on the 1st day of October, 1999;
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 of the township ofOro-Medonte hereby
enacts as follows:
1. The Municipality hereby authorizes and confinns the sale ofthe lands described in Schedule
"A" attached hereto to Jesse Northcott and Linda Northcott for the sum of$45,500.00.
2. The actions of the Mayor and the Clerk are hereby confinned and ratified in respect of the
execution of the Listing Agreement and the Agreement of Purchase and Sale in connection
with the lands described in Schedule "A" attached hereto, together with the execution of al1
other documentation required to give effect to the sale of the said lands.
By-law read a first and second time this 5th day of January, 2000.
By-law read a third time and finally passed this 5th day of January, 2000.
THE CORPORATION OF THE TOWNSHIP OF ORO-lVIEDONTE
~~ /?e~-I-
Mayor,IanBeard .
Clerk, Lynda Aiken
SCHEDULE "A"
Parcel 145-1, Section 51M-456, being Lot 145, Plan 51M-456, Township ofOro-Medonte
(fonnerly Township ofOro), County of Simcoe.
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OREA ·
Ontario
Real Eatat.
A"ociatioD
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
m
REALTOR'
PURCHASER, _ _ _ _ _ _ _ _ _ _ _ JE.sSI;_GRAI:IA_M _NORtI:lCQTT _AND. LINDA MARJE_NO_IUI:IC.OTJ_ _
IFulllegal names of 011 Purchasers)
- - - - - - -
, agrees to purchase from
VENDOR, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C.ORP-ORATI.oROF_TI:IE_ TOWN.SI:II~ .of _ORQ-MI;D_QNJE.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,the following
(Full legal names of 011 Vendors)
REAL PROPERTY:
Address_ _ _ _ _ _ _ _ _ _ _ LQT _t4_5.. _CI:U=_StN WI LAN I; _ _ _ _ _ _ _ _ _ _ _ .fronting on the _ _ _ S.oUJH _ _ _ side o( _ _ _ _ _CI:I t:.sTN WI LAN I; _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JQWNSHJP _ OF_ ORO,:Mt:J:~ON.:rE _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - -
a frontage o( _ _ _ _ _ _51MEJRES_ _ _ _ _ _ _more or less by 0 depth of_ _ _ _ _ _ _ 5:4~35MJ:;TRE.s _ _ _ _ _ _ _ more or less and legally described os
L ~:::~~jOW~S~~-Q~:~~~~~~(c
Purchaser submits L _UPOJ~ ACC.E~TAN.CE_ _LSE E_ H.UND_RI;D_AN_O f.IFJY.-:,-~-:,--:-.:"":-:,,,:-,,:-.:"":."'_Dollars (CDN$ _ _ _ _ _150..0.0_ - - - -
(Herewith/Upon acceptance)
cosh or negotiable cheque payable ta_ _ _ _ _ _ HOMEI.lf.E/KE Mf!EN F.EL t-_KELLY. R.EAI.TY_I.TD_._ _ _ _ _ _ to be held in trust pending com pier n or
other termination 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.
Vendor to provide a copy of current survey, at Vendor's expense.
1.
SCHEDULE(St _ _ _ _ _ _ _ _ _ N/A _ _ _ _ _ _ _ _ _ _ attached hereto form(s) port of this Agreement.
CHAnELS INCLUDED:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Nl~_ _ _
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- - - - - - - - - - - - - - - - - - - - - - --1- - - - - - - - - - - - - - - - - - - - - - - - - - - -
_ _ _ _ _ _ _ _ _ _ _ H//J}._ _ _ _ _ _ _ _ _ _ _ - - - - - - - -
/I 5"~- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
cluded in the Purchase Price. The Purchaser to assume the rental contract(s sumable:
-- __N/A -9;. - -- - -- ~~~~ -
_ 7\r.: '"' - r _untit _ ~_ _ p.m. on the_ _if'ftt _ _dayo( - - - - - --
\ y.enuor ur eser
after which time, if not accepted, this Offer sholl null and void and the deposit s the Purchaser in full without inter
5. COMPLETION DATE: This Agreement sholl be completed by no later than 6:00p. __ ____ _day of_ _t:?__. _ ______ ____,_ _99__
Upon completion,vacant possession of the property sholl be given to the Purchaser else providea for in this Agreement.. (year)
6. NOTICES: Vendor hereby appoints the listing Broker os Agent for the purpose of giving and receiving notices pursuant to this Agreement. Onl If t Co-operating
Broker represents the Interests of the Purchaser In this transaction, the Purchaser hereby appoints the Co-operating Broker os Age or the purpose of
giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein sholl be in writing. This offer, any. ounter 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 hereinr when transmitted electronically to that facsimile number.
FAX No._ _ _ _ _ _ _ (7_Q5J-"l:22-:8_1:4J_ _ _ _ _ _ _ JFar delivery of notices to Vendor) FAX No. _ _ _ _ _ _ _ 170S) 722.:-6147 _ _ _ _ _ _ _ _For delivery of notices to Purchaser)
7. GST: If this transaction is subject to Goods and Services Tax , then such tax sholl be_ _ _ _ _ _ _ _ -'(iti, A~Q.DJT N_T)O_ _ _ _ _ _ _ _ _ the Purchase Price.
1n(;I~cff.KJ tn, In to
If this transaction is not subject to G.S.T., Vendor agrees to r~o~sing, that the transactio' sub' .T.
8. TITLE SEARCH: Purchaser sholl be allowed until 6:00 p.m ~_ _ _day of _ _ _ _ _ _ ~ _ .' _ _9.9. _ _, (Requisition Dote) to
(year)
.xamine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the e isition Dote or the date on which the
onditions in this Agreement ore fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himse that there ore no outstanding work orders
r deficiency notices affecting the property, that its present use L _ _ _ _ _ _ _ _ _ _ , _ -V ACAN1_I.AND _ZQN_ED _RESIDENTIAL - - - - - - - - - - - - I
may be lawfully continued and that the principal building may I:ie insured against risk of fire. Venaar hereby consents to the mUnlclpanty or other governmenta
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 os may be specifically provided for in this Agreement.
10. TITLE: Provided that the title to the property is good and free from 011 registered restrictions, charges, liens, and encumbrances except os otherwise specifically provided in
this Agreement and save and except for (0) any registered restrictions or covenants that run with the land providing that such ore 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 to 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 materially 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 fact the said present use may not lawfully be continued, or that the principal building may not be insured
against risk of fire is mode 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 acts or negotiations in respect of such obl'ections, sholl be at on end and 011 monies paid sholl be returned without interest
or deduction and Vendor, listing Broker and Co-operating Broker sholl not be liab e for any costs or damages. Save os to any valid objection so made by such
day and except for any objection going to the root of the title, Purchaser sholl be conclusively deemed to hove accepted Vendor's title to the property.
2.
FIXTURES EXCLUDED: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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3.
RENTAL ITEMS: The following equipment is re
4.
IRREVOCABILITY: This Offer sholl be irrevoc
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OREA Standard Form: Do not alter when printing or reproducing the standard pre-set portion.
REAL FORMSeS.O 01/99
Form No. 101 01/97
HomeLifi!lKempenfelt-Kelly Realty Ltd.
11.
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DOCUMENTS AND DISCHARGE: Purchaser sholl not call for the produdion of any title deed, abstrad, survey or other evidence of title to the properl)t except such
as ore in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser os
soon os possible and prior to the Requisition Date. If 0 discharge 0 any Charge/Mortgage held by 0 corporation incorporated pursuant to the Trust and Loon
Companies Ad (Canada), Chartered Bonk, Trust Company, Credit Union, Caisse Populaire or Insurance Compony and which is not to be assumed ~ Purchaser
on completion, is not available in registrable form on completion! Purchaser agrees to accept Vendor's I~er's personal undertaking to obtain, out of the closing
funds, 0 discharge in registrable form and to register some on title within 0 reasonable period of time after completion, provided that on or before completion
Vendor shall provide to Purchaser 0 mortgage statement prepared by the mortgajjee setting out the balance required to obtain the discharge, together with 0 .
diredion executed by Vendor direding 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 insped the property and understands that upon acceptance of this Offer
there sholl be 0 binding agreement of purchase ana sole between Purchaser and Vendor.
INSURANCE: All builaings on the pro~rty and 011 other things being purchased sholl be and remain until completion at the risk of Vendor. Pending completion,
Vendor sholl hold 011 insurance policies, 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 Agreement and have 011 monies paid returned without interest or dedudion or else toke the proceeds of any insurance ana
complete the purchase. No insu~ance sholl be tra[lsferred on completi!,n. If Vendor is taking bock 0 Charge/Mortgage, C!r Purchaser is assu!T'ing 0 Charge/Mortgage,
Purchaser sholl supply Vendor with reasonable evidence of adequate Insurance to proted Vendor's or ather mortgagee's Interest on completion.
PLANNING ACT: This Agreement sholl be effedive to create on interest in the property only if Vendor complies with the subdivision control provisions of the
Planning Ad by completion and Vendor covenants to proceed diligently at his expense to obtain on)' necessary consent by completion.
DOCUMENT PREPARATION: The Transfer/Deed sholl, save for the Land Transfer Tax Affidavit, be prepored in registrable form at the expense of Vendor, and
any Charge/Mortgage to be given back 'by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the
Transfer/Deed to De aelivered on completion sholl contain the statements contemplated by Sedion 50 (22) of the Planning Ad, R.S.O. 1990.
RESIDENCY: Purchaser sholl be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of NOtional Reven_f' "
satisfy Purchaser's liability in resped of tax payable by Vendor under the non-residency provisions of the Income Tax Ad by reason of this sale. Purc. haser shal'
claim such credit if Vendor delivers on completion the prescribed certificate or 0 statutory declaration that Vendor is not then 0 non-resident of Canada. .
ADJUSTMENTS: Any rents, mortgajje interest, realty taxes including local improvement rates and un metered public or private utility charges and on metered
of fuel os applicable, sholl be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Purchaser.
TIME liMITS: Time sholl in 011 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 on ogreement in writing signed by Vendor and Purchaser or by their respedive ICIW)'ers who may be spectficolly authorized in that regard.
TENDER: Any tender of documents or money, hereunder may be mode upon Vendor or Purchaser or their respectIVe I~ers on the day set for completion. Money
may be tendered by bonk draft or cheque certified by 0 Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populoire.
FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transadion under the provisions of the Family Low Ad, 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 nat 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 contains or has ever contained
insulation that contains ureofarmalaehyde. This worranty sholl survive and not merge on the completion of this transadion, and if the building is port of 0 multiple
unit building, this warranty sholl only apply to that part of the building which is the subjed of this transadion.
CONSUMER REPORTS: The Purchaser Is hereby notified that a consumer report containing credit and/or personallnformatfon may be referred to In
connection with this transaction.
AGENCY: It is understood that the brokers involved in the transadion represent the parties os set out in the Confirmation of Representation below.
AGREEMENT IN WRITING: If there is conflid between any provision added to this Agreement (includinIJ any Schedule attached hereto) and any provision
in the standard pre-set portion hereof, the added provision sholl supersede the standard pre-set provision to the extent of such confhd. This Agreement
including any Schedule attached hereto, sholl constitute the entire Agreement between Purchaser and Vendor. There is no rerresentation, Wiiirranty, collateral
agreement or condition, which affeds this Agreement other than os expressed herein. This Agreement sholl be read with 01 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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~~- - - -6 - - - -D'il"'J' ,,*-~~~gl~N-WrlN;SS~;,~~HmihO"l':';:o., - - - - - - - _MAY_ - - - - - - - - -'- -. -~"- --
- - - - - _(~"- - - - - - _::_ :~_ ::::,. -.,;. _1~Nffi_ -'~~--':-:::Ih-:-:-'- - u u - - u - - - ~ DATE_ 4u;?~: u_
(rur7) I & I \~'I
_~ "/._'~-_u~~:"~~~:_:-u _uu/~ ___~z _~, u__uu_uu_ (! DATE___ ;("_
;./- - - (Purchaser) , )
,;
I, the Undersigned Vendor, agree to the abave Offer. I hereby irrevocably instrud my lawyer to pay diredly to the listing Broker the unpaid bal'Once 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, as advised by the listing Broker to my lawyer.
_ _ _ _ _ _ _ _ _ _ _ _ _BARRtE,_ONIARIO_ _ _ _ _ _ _ _ _ _ _ _ _ _this_ _ _ _ _ 25rH _ _ _ _ _ day of_ _ _ _ _ _ _ _ _ -'!lAY _ _ _ _ _ _ _ _ _ _,_ _ _ J~9 - - - .
ND DElIV ED in the presence ~f~ _ _ _IN ~ITNESS whereof I h~ZZ~~ ~:_h~~~ ~~d_S~~I~ _ _ _ ! DATE_ _ (year)
. DATE_ _ _ _
(wa~~) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Ve-ndo;) - - - - - - - - - - - - - - - - - ~ ~ - - - - ~ ~ ~ - - - - ~ - - (Sea~ - - - - - - - - - - - - - -
SPOUSAL CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Low Ad,
R.S.O. 1990, and hereby agrees with the Purchaser that he/she will execute 011 necessary or incidental documents to give full force and effect to the sole evidenced herein.
. DATE
(SeaQ --------------------
(Wrtne;s) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Spo~se) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CONFIRMATION OF EXECUTION: Notwiths~di~anything contained herein to the contrary, I confilrm this Agree~ with changes both typed and w~n was finally executed by
all parties at_l ~..;{o. a.m~this_ _~ _day o( _ _ ~ _ _ _ _ _ , _l11~ . - - : - - - - -
..~ (year)\-~
CONFIRMATION OF REPRESENTATIO
I hereby acknowledge and confirm the listing Broker represents the interests of the I hereby acknawledg and onfirm e Co-operating Broker represents the interests
D THE PUR HASER in this transadion. of the in this transadion
aorl'Vendor ancrtli~rCho.erf - - - - - - (VenaorlPJrChiiserf - - - - - - -
_."---~
iz - j'iresenioiive - - - - - - - - - - - - - - - - - - - - - - - - SignOture of'C'o-op..ratlng Broker or cllilhorlziicf repreSontOtiVe- - - - - - - - - - - - - - - - - - - -
Nome of listing Broker: _ _ !:tP.MIS.L..II:E;JJ<J:.Mf'.IS.NI:IS.L.:r:,~r;1,,1. '{ f{!:AJ-JY _LTD. _ _
Name of Co-operating Broker:
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C 705 J _ _ _ _ _122-:8.t9t _ _ _ _ _ L 705 J _ _ _ _ _ 722=3141_ - - - - -
Tel. No. FAX No.
( ) ( )
T~CNo.- -- - - - - - - - - - - - - - - - - - - - FA;(No.-- - - - - - - - - - - - - - - - - - - -
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of purch-;pse an
9- :n_ ~:qpze th _e~ _t~ forwa:d a_ c~~~ t~ ;~;:r-' _ _ _ u '_ __ u iY
(Ve dor
DATE
('tendo - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~
Address for Service:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel. No. (_ _ _ _ L _ _ _ _ _ _ _ _ _ _ _ _
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and
Sole and I authorize the Agent to forward 0 copy to my lawyer.
DATE
(Purctia;er)- - - - - - - - - - - - - - - - - - - - - - --
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DATE
(Purcha;er)- - - - - - - - - - - - - - - - - - - - - - --
------------------
Vendor's Lawyer
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Address for Service:
_ _ _ _ _ _ _ _ _ _ _ _-_-_-_-_- - - -_-_-_-_-_-_-_- -_-;e~~~. - - - -_-)-_ -_ -_ -_ -_ -_ -_ -_-_.
Purchaser's lawyer
---- -- ---- - - --- -- - -- -- -----~
Address
Address
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- -- ~ -- ----- -- -- ----- - ----- - --- - -- ~- --- -- - -- --
(_ _ _ _ J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J_ _ _ _ J - - - - - - - - - - - - - - - - - - -
Tel. No. FAX No.
(_ _ _ _ J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J_ _ _ _ J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - -
Tel. No. FAX No.
FOR OFFICE USE ONLY
COMMISSION TRUST AGREEMENT
To: Co-operating Broker shown on the foregoing Agreement of Purchase and Sole:
In consideration for the Co-Operating Braker pracuring the foregoing Agreement of Purchase and Sole, I hereby declare thcrt 011 moneys received or receivable by me in connection
with the Transaction as contemplated in the MLS Rules and Regulations of my Real Estcrte Board shall be receivable and held in trust. This agreement sholl constitute 0 Commission
Trust Agreement os defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust.
DATED os of the date and time of the acceptance of the foregoi Acknowledged by:
//
1./
Si - nen~r~ of li;tiii - Broker or- aUthori~ed re - re';;niafive - - - - - - - - -
- - - - - - Si -nOt~re of t;;.o - renin - Broker-or oujhori~.;;{re- ;"'-;';;tOii~e- - - - - - - - -