1998-007 To Enter into an Agreement between the Corporation of the Township of Oro-Medonte and Huronia Homes Ltd
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98- 7
.
Being a By-law to Enter Into an Agreement Between The Corporation of the Township of
Oro-Medonte and Huronia Homes Ltd. .
WHEREAS it is deemed expedient to enter into an Agreement between the Township of Oro-
Medonte and Huronia Homes Ltd. in the matter to pem1it the registration of the Draft Plan
whereby Huronia Homes Ltd. (Owner) has requested that the Municipality convey certain
Township lands to the Owner, in exchange for a conveyance by the Owner to the Municipality of
Blocks 45 and 46;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1, That the Mayor and Clerk be authorized to execute said Agreement, attached hereto as
Schedule "A";
2. That this By-law shall come into full force and effect on its final passing thereof.
By-law read a first and second time this 21" day of January, 1998.
By-law read a third time and finally passed this 21" day of January, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
i/~~ /.0+tL^,1
. ,
Mayor, Ian Beard
Clerk, Lynda Aiken
.
AGREEMENT
THIS AGREEMENT made on the 20th day of November, 1997,
BETWEEN:
HURONIA HOMES LTD.,
Hereinafter called the "Owner"
OF THE FIRST PART
AND
.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE,
Hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Owner is the registered owner of the lands
particularly described in Schedule "A" to this Agreement
"Subject Lands");
more
(the
AND WHEREAS a Draft Plan with Minister's Conditions (Ministry File
No. 43T-91016) has been issued for a proposed subdivision on the
Subject Lands, which Draft Plan (the "Draft Plan") and Minister's
Conditions (the "Minister's Conditions") are attached hereto as
Schedules "B" and "C" respectively;
AND WHEREAS the Municipality is the registered owner of the lands
more particularly described in Schedule "D" to this Agreement (the
"Township Lands");
AND WHEREAS, in order to permit the registration of the Draft Plan,
the Owner has requested that the Municipality convey the Township
Lands to the Owner, in exchange for a conveyance by the Owner to
the Municipality of Blocks 45 and 46 as shown on the Draft Plan;
AND WHEREAS, in order to permit registration of the Draft Plan, it
is necessary that the Subject Lands and the Township Lands first be
registered in Land Titles, in accordance with the provisions of the
Land Titles Act, R.S.O. c.L.5;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the premises and for other good and valuable consideration and the
sum of Two Dollars ($2.00) of lawful money of Canada now paid by
each of the parties hereto to each of the other parties hereto,
(the receipt whereof is hereby acknowledged), the parties hereto
covenant and agree with one another as follows:
1. APPLICATION FOR FIRST REGISTRATION - TOWNSHIP LANDS
.
1. 1 The Owner covenants and agrees to prepare and submit
on behalf of the Municipality all documentation required in
connection with an Application for First Registration in Land
Titles for the Township Lands in accordance with the provisions of
Part IV of the Land Titles Act, R.S.O. 1990, c.L.5, and the
Regulations thereunder. The Municipality shall provide to the
Owner all information in the possession of the Municipality or
other assistance, including the due execution of all documents
required to be submitted on behalf of the Township, as may
reasonably be required by the Owner to permit the issuance of First
Registration in Land Titles for the Township Lands. All costs
incurred in connection with the Application for First Registration
for the Township Lands, including legal and related costs
reasonably incurred by the Municipality in reviewing the
documentation to be submitted in connection with the Application
for First Registration, shall be the sole responsibility of the
Owner.
2 . DEVELOPMENT OF SUBJECT LANDS
2.1 The Owner acknowledges and agrees that the
development of the Subject Lands, and the Township Lands, shall
proceed in conformity with the Draft Plan and Minister's
Conditions. The Owner further acknowledges that it has filed an
Application for plan of Subdivision with the Municipality in
connection therewith, and has filed with the Municipality cash
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deposits or other security to be applied by the Municipality
towards the costs incurred by the Municipality in processing the
Owner's Application for Plan of Subdivision. The Municipality
shall have the right to apply the deposits or security filed by the
Owner in connection with the Application for Plan of Subdivision in
reduction of the costs incurred by the Municipality as set out in
Paragraph 1.1 of this Agreement.
3. TRANSFER OF TOWNSHIP LANDS
.
3.1 Provided that the Owner has complied with the
requirements of this Agreement, and the terms of the Minister's
Conditions, the Municipality agrees to transfer to the Owner the
Township Lands, in accordance with the provisions of the Agreement
of Purchase and Sale attached hereto as Schedule "E".
3 . 2 The Owner acknowledges and agrees that the
obligation of the Municipality to transfer the Township Lands to
the Owner is subject to, and conditional upon, compliance with the
requirements of the Municipality's Property Disposal By-law No. 96-
35. All costs incurred by the Municipality in complying with the
requirements of the Municipality's Property Disposal By-law No. 96-
35 with respect to the transfer of the Township Lands shall be the
responsibility of the Owner, and shall be payable in full by the
Owner to the Township prior to the transfer to the Owner of the
Township Lands.
3.3 The obligation of the Municipality to transfer to
the Owner the Township Lands is further conditional upon the
transfer by the Owner to the Municipality of Blocks 45 and 46 on
the Draft Plan, in accordance with terms and conditions of the
Agreement of Purchase and Sale attached hereto as Schedule "F".
All costs incurred by the Municipality in completing the conveyance
of Blocks 45 and 46 on the Draft Plan shall be the responsibility
of the Owner, and shall be payable by the Owner to the Municipality
on or before the transfer to the Owner of the Township Lands.
4. INHIBITING ORDER
4 . 1 The Owner consents to the registration by the
Municipality of an Inhibiting Order against title to the Subject
Lands, preventing any dealing with the Subject Lands prior to the
transfer by the Owner to the Municipality of the lands identified
as Block 45 and 46 on the Draft Plan.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the following dates:
HURONIA
, 1991::,.
By the Developer on the
day of
""1;
cis
By the Municipality on the
Per:
Name:
Title:
J H"II/<"
day of
011,$
7V to f?ll\tp F/"1f2. ({JitPa~JqI'f~
, 1997.
.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE '
I
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Is i; rft,Ai
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Mayor
,;/~
",.;f/',.."/
Clerk
/' /'
/I,{
.
.
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SCHEDULE "A"
THIS IS A SCHEDULE "A" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD.
OWNER'S LANDS
Part of the east half of Lot 36, Concession 1, Township of Oro-
Medonte, designated as Parts 3 and 8, Plan SlR-16674.
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I
SCHEDULE "C"
THIS IS SCHEDULE "C" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD.
MINISTER'S CONDITIONS
.~
Fl~e NO. 43T-90055
The Minister's cQn~itions and amendments to tinal plan approval
for registration of this plan of subdivision, file no. 43T-90055
are as follows:
~o. Conditions
1. That this approval applies to the draft plan, prepared by
Jorden and ;Jones and surveyed by Rudy Mak Surveying Ltd.,
dated February 17, 1'92, revised from the original
submission to $how 67 ainqle re.idential lots, 11 walkway
and open space blocks (~locks 68, 6', 70, 71, 72, 73, 74,
75, 76, 77, 78 )and one reserve block (BlOck 80). .
2. That the road allowance included in this draft plan shall
be shown and dedica.ted as a public highway.
:1 . That the internal street snall be named to the satisfaction
of the Township of Ora.
4. That the owner satisfy the requirements of the Township of
02:'0 for the supply of services and g:rant easements required
for drainage and utility purposes to the appropriate
aqencies.
.
5. That prior to final approval by the Ministry, we are to be
advised by the Townanip of Ora that the appropriate zonin9
is in effect for this plan of subdivision.
6. That the owner convey up to 5' of the land included in the
plan to the municipality for park purposes. Alternatively,
the municipality can request cash-in-lieu of all or a
portion of the conveyance.
7. ' That all required. 0.:3 metre reserves shall be dedicated to
the municipality.
8. That the owner agrees in writing to satisfy all the
rsquiroman~., finanoia1 and g~.~i.., o~ the Township o~
Oro ooncerninq the provision of roads, the installation ot
services and drainage. This shall include adequate fencin9
alonq the northern boundary of the property.
That lot 36 be deleted f~om the plan .nd-incorporated into
the adjacent lot, lots or blocks. . ';..:-::.)'!_~:'-'.
"7".... WL.._
9.
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File No.: 43T-g0055 Con~
No. Conditions
10. That prior to final approval, a draina~e plan be prepared
by the owner's con$ultant to the satisfaction of the Simcoe
county District Health unit and the Township Engineer. This
plan will show how surface water will be controlled on and
oft the site and will include swales and/or easements,
where necessary. Any necessary erosion control measuras
will be shown. This approved plan will form par~ of the
Subdivision Aqreeaent with the Township.
11. That prior to final approval, a qeneral lot grading plan be
prepared by the owner's consultant to the satisfaction of
the Simcoe county District Health unit and the Township
Engineer. Existing and final qrades on lot corners will be
sbown .s well as mid lot elevations, where necessary. This
approved plan will form part of the Subdivision Aqre~ent
with the Township.
12. That prior to final approval, the owner's consultant will
prepare a general site development plan for lots 1, 5, 6,
8, 26. 46, 47 << 56 to the satisfaction ot the Simcoe County
District Health Unit and the Township ~nqineer. These site
plans will be in conformity with conditions #10 and #11
above.
13. The Subdivision Aqreement will contain clauses with wo~dinq
satisfactory to the Simcoe county District Health Unit to
the effect that individual lot owners may be required to
obtain the services of a qualified professional engineer to
prepare a detailed site development plan to the
satisfaction of the simcoe county District health Unit
prior to the issuance of a Certificate of Approval. These
site plans will be in conformity witb conditions #10 and
#11 above. -
The subdivision agreement shall contain clauses with
wordinq satisfactory to the Simcoe County District Health
unit to the effect that any major works required in the
approved plans noted 1n conditions #10 and #11 will be
carried out by the developer
14.
.
.
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File No.: 43~-90055 Cont'd.
No. Con~itions
15. That a stor.=water management report addressing both
quantity and quality concerns be \U1dertaken by the
developer to the satisfaction of the Nottawasaga Valley
Conservation Authority.
16. That prior to final approval, an erosion control plan
detailing how erosion and siltation and their effects will
be minimized both during and following construction shall
be prepared to the satisfaction of the Nottawasaqa Valley
Conservation Authority.
17. That prior to final approval, the owner shall agree in the
subdivider's agreement in wording satisfactory to the
Nottawasaga Valley Conservation Authority to carry out or
cause to be carried out the recommendations and measures
contained within the plans identified in Conditions #15 and
#Hi.
.lB. That prior to final approval the owner ahaJ..J.. agree in the
liiw;u;iivider's agreement in WOrdinq satisfactory to the
NottawasAga Valley Conservation Authority, that a qualified
professional enqineer shalJ.. certify in writing that the
works identified within the plans identified in Condition
#17 were constructed to the plans, reports and
specifications as approved by the Authority.
19. Prior to final approval, the Ministry of the Environment
shall be notified by copy of the fully executed sUbdivision
agreement that the recommendations of the hydrogeological
report, as approved ~y the Ministry of the Environment
shall be implemented by requirements of the subdivision
agreement. .
That prior to final approval by the Ministry, we are to be
advised in writ.ina by the Township of Orc how Conditions #2
to #19 inolusive have been satisfied.
20.
21.
That before the Minister's final approval is given, we are
to be advised in writin~ by the Nottawasaqa Valley
Conservat.ion Authority how Conditions #5 t.o #17 inclusive
have been satisfied.
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File No.: 43T-90055 cant'd.
No. Conditions
22. That before the Minister.s final .ppraval is qiven, we are
to be a4vised in writina by the Simcoe coun~y District
Health unit how conditions #10 to #14 inclusive have bean
satisfied.
23. That before the Minister's final approval is qiven, we are
to be advised in writing by the Ministry of the Environment
how Condition #19 has been satisfied.
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NOTES TO DRAFT A1'I'ROVAL
~. It is the applicant's responsiDility to fulfil the
conditions of draft approval and to ensure that the
required clearance letters are forwarded by the appropriate
a9en~1.. to the K1n1ctry of Munioipal Affaire, Plana
Administration Branch, Contral and Southweat, quotinq the
Ministry file numb~r 4JT-90055.
'2. We request you make yourself aware of:
section 143 (1) of the Land Titles Act, which
requires all new plans be roqietered in a land title.
system; and,
b) section 143 (2) - allows ce~ain exceptions.
a)
J. Ontario Hydro advises that:
(i) The costa of any relocations or revisions to ontario
Hydro facilities which are necessary to accommodate
this subdivision will be borne by the developer.
(11) The easement rights of Ontario Hydro are to be
protectecl and. maintained.
(1:1,1) The developer should oontact the local Ontario Hydro
Area otfice to verify if any low voltage distribution
11nes may be affected by this d.evelopment.
4. In reference ~o Conclltion #11 the owner shall agree in the
subdivision agreement to maintain all erosion and siltation
control devices in good repair durinq the construction
period.
5. The site development plans referred to in condition 112
will De in conformity with conditions #10 and #11 above and
will contain the following information:
a) Buildinq envelopes of the proposed home
b)
Envelopes for the primary and secondary
sewaqe system sites requiring mantles as
required.
~
c)
Location and types of the proposed water
wells.
These approved plans '",111 fom part of the Subdivision
Agreement with the Township.
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NOTES TO DRAFT ()PPROVAL
6. The site plan~ referred to in condition #13 will be in
conformity with conditions #10 and #11 and will contain tne
fOllowinq information and/or required services:
The location of the proposed house and any
other struct.u.re. on the lc~.
The location, size and elevation of the sUb-
surface sew.ge syst.em with the engineering
design criteria and design standards
pertaininq thereto.
The existing and proposed qrades of the
disturbed areas on the lot after building,
drainage and sewage works have been
completed.
The type and location of the water wells.
The engineer ~ay be required to check the
elevations of the building footings prior to
further construction to ensure conformity
with the approved plans noted above.
The enqineer may be required prior to the
issuance Qf a use permit to certify to
certify to the Simcoe County District Health
unit in writing that the installed works have
been carried out in accordance with the
approved plans.
7. The Health unit also advi~es that a subdivision aq~eement
will be re~istered on title and the registration details
fo~arded to the simcoe county Health unit.
a)
b)
0)
d)
e)
f)
B. In regard to water supply, the Ministry of Environment
advises that:
.
a)
Wells should only be constructed into the
water suppliee that had their quality
confirmed through testinq.
Prospective purcha5ers should be informed
that elevated iron concentrations are
possible and may require treatment for
aesthetic reasons.
b)
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NOTES TO DRAFT APPROVAL
0)
Orqanio nitroqen in eXoess of the ontario
Drinklnq Water Objective was found to be
present in one of the test w.lls (No.1)
9. The subdivision agreement betwE'1m the owner and. the
municipality shall be reqistered. aqainst the lands to which
it applies once the plan of subdivision has been
reqiste.rea .
10. When the zoninq by-law required in Condition 15 is beinq
prepared, reference to this subdivision application T-fils
number Should be included in the explanatory note. This
will expedite the Plans Administration B~a~ch's and other
aqenoies consideration of the by-law,
11. Clearances are required from the followinq aqencies:
Township of Oro
Ora Station
Box 100
ora, Ontario
LOL 2EO
Simcoe county District Health Unit
60 Boyne Street
Alliston, ontario
LOM lAO
Nottawasaqa Valley Conservation Authority
R. R. #1
Angus, Ontario
LOM lBO
Ministry of the Environment
7 Over lea Blvd.
4th Floor
Toron~o, Ontario
M4H lAS
If the agency oondition concerns the ~ubdivision
a copy of the agreement should be sent to them.
expedite clearanoe of the final plan. A copy is
required by the Ministry of Municipal Affairs.
agreement,
This will
not
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NOTES TO DRAFT APPROVAL
12 . The Township of oro a4vises that the area. of Block 18 that
is no longer required will be deeded to the adjoining lot.
"
ReQ'istrationl
13. The final plan approved by the Minister must be reqistered
within 30 days or the minister may withdraw his approval
under SuJ::Isect1on 51(21) ot the pJ.anning Aot.
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SCHEDULE "D"
THIS IS SCHEDULE "D" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD.
TOWNSHIP LANDS
Part of the east half of Lot 36, Concession 1, Township of Oro-
Medonte, County of Simcoe, designated as Part 7, Plan 51R-16674.
SCheaUle "ri
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AUlU:llltIcm
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
I
IB
REALTOR"
PURCHASER,
The Corporation of the
Township of Oro-Medonte
(Full Jagol names of all PurchQsers)
I agrees to purchase from
VENDOR,
REAL PROPERTY,
Huronia Homes Ltd.
, the following
(Full lega: nomas of aH Vandors)
Address
;n the Township of Oro~Medonte,
and having a frontage of
BlockS 45 and 46 on the draft
<;:ounty of
fronting on the
Simcoe
side of
more or les$ by a depth of
plan of sulJdivision attached
more or less and legaHy described as
hereto.
(legQI Jescripiion of kind iridudirigeasemenis)
.~~:~~~SE PRIC~~~-~~h:i'~~~~~~~~~~~~~~~-~~~~~~:~~~~~~-'-'-'-'-'-'-'-'-'-'-'-'-,-,_-,00110" (CDN$ 2.00
Purchaser submits t~--:--~~~:-:-~~~~~-:--:-:-:-::":".~.~t':":",--nil"7":'~~~~~~~~,~~~~~~""""""""'''''''-'''''--_____......,.., Dollars {CDN$ 00.00
(Herewith/Uponocceptonca)
(the "property").
cash or negotiab!e cheque payable to to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchoser agrees to~~ieM:~:
satisfy the Purchase Price due on closing by way of a conveyance to the Vendor,
on or before closing, of the lands described as Part 7 on Plan 51R-16674.
The closing date shall by the 7th day after the date of execution by the Purchaser and
the Vendor of a Subdivision Agreement as required by Condition No.8 of the Minister's
Conditions issued xnder MMAH File No. 43T-91016.
SCHEDULE(S) oftached hereto form(s) port of this Agreement,
1, CHATTELS INCLUDED, nil
2. FIXTURES EXCLUDED,
3. RENTAL ITEMS:The following equipment is rented and not induded in the Purchase Price. The Purchaser agrees to assume the rental contract(s), if assumable:
4. IRREVOCABILITY: This Offer shall be irrevocab!e by until p.m. on the day of
(Vendor/Purcha~er)
after which time, if not accepted, this Offer shaH be nuH and vOId and the deposit shall be returned to the Purchaser in fuH without interest.
19
5. COMPLETION DATE, ~~1>I~1\..~Jf.j<~l\\l<IKiI\J{8{W<jK",,),,)niljOXXXXXXXXXA:lKi&J!XXXXXXXXXXXXXXXXXXXl'X'KXXx
Upon comp!etion, vacant possession of the property sholl be given to the Purchaser un!ess otherwise provided for in this Agreement.
6. NOTICES: Vendor hereby appoints the listing Broker os Agent for the purpose of givin9 and receiving notices pursuant to this Agreement. If the Co-operating Broker
represents the interests of the Purchaser in this transaction, the Purchaser hereby appoints the Co-operating Broker as Agent for the purpose of giving and receiving
notices pursuant to this Agreement. Any notice relating hereto or provided for herein shaH be in writing. This offer, any counter offer, notice of acceptance thereof, or
any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when
transmitted e!ectronically to that facsimile number.
FAX No.
(Fordalivery of notices to Vendor)
FAX No.
(for delivery of notices 10 PUfcho~er)
7. GST:!f this transaction is subject to Goods and Services Tax {G.S.T.), then such tax shaH be included in the Purchase Price.
(included in/ln addijion to)
!f this transoction is not subject to G.S.T., Vendor agrees to provide on or before dosing, a certificate that the transaction is not subject to G.S.T.
8. TITLE SEARCH: Purchaser shaH be allowed untiDDOn~.~~JQJ9t~closina:X<<cw:cf ............................ ... ",..lJ>, (Requisition Date) to
examine the title to the properly at his own expense and unti! the earlier of:' {i) thirTy-days from the later of the Requisition"t::Rite or the date on which the
. conditions in this Agreement are fulfil!ed or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders
or deficiency notices affecting the property, that its present use ( )
may be lawfu!ly continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental
agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations
in this regard as Purchaser may reasonab!y require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of ony kind that the future intended use of the property by Purchaser is
or wi!! be !awful except as may be specifica!!y provided for in this Agreement.
10. TITLE: Provided thot the title to the property is good and free from aU registered restrictions, charges, liens, and encumbrances except os otherwise specificaUy provided in
this Agreement and save and except for (0) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered
municipal agreements and registered agreements with publicly regulated utilities providing such hove 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 the supply of domestic utility or te!ephone
services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television Jines
or other services which do not materially affect fhe present use of the property. !f within the specified times referred to in paragraph B any valid objection to title or to any
outstanding work order or deficiency notice, or to the fact the said present use may not lawfuHy be continued, or that the principal bui!ding 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 ads or negotiations in resped of such objections, shall be at an end and all monies paid shall be returned without interest
or deduction and Vendor, Listing Broker and Co-operating Broker shall not be liable for any costs or damages. Save as to any valid objection so made by such
day and except for any obiection going to the root of the tit!e, Purchaser shall be conclusively deemed to have accepted Vendor's fitle to the property.
Form No, 101
01/96
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THIS IS SCHEDULE "A" TO THE OFFER TO PURCHASE BETWEEN THE
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, AS PURCHASER AND
HURONIA HOMES LTD., AS VENDOR
The Vendor and the Purchaser agree that the Purchase Price for the
Property shall be the fair market value as of the date of closing,
as determined by the parties, acting reasonably, in that the fair
market value so determined shall be equal to the fair market value
of Part 7 on plan SlR-16674. The Vendor shall pay to the
Purchaser, on or before closing, an amount equivalent to the land
transfer tax payable by the Purchaser upon the Purchase Price, as
so determined.
t)REA
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AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
Schedule "W'
I:B
REALTOR"
PURCHASER,
Huronia Horne.s. Ltd.
iFullltigQI naffi<15 d all Pw-<:hasers)
, agrees to purchase from
VENDOR,
REAL PROPERTY,
Address
;n the Township of Oro-Medonte,
and havine. a frontage of
Part I, Plan 51R-16674
The Cor[X)raion of the TOwnship.of Oro-Medonte
(Ful!!egolnamf!sOforrVendors)
, the following
fronting on the
COunty of Simcoe
more or less by 0 depth
side of
more or less and legally described os
(Legd doscripiionoilunJiriduding eOSb,ner;j~)
fa ~~:~~~SE PRICE --;ma.wgth~;::-~bbd-&;d~;~i~~b1X~b;;~id~;::~fib;;~~~-~~-------------- Dollo" (CDN$
Purchaser submits 1--____....-....,............__............__....----r....--........l1:Ll--------------------------- Dollars {CDN$
(Herewith/Upon Gcceplar'i<:e)
(fhe "property").
2.00
00.00
cash or nagotiable cheque payab!e to, ,"""'"" to be held in trust pending completion or
other termination of this Agreement and to be (redited toward the Purchase Price on completion. Purchaser agrees to ~J'tN~~:
satisfy the Purchase Price due on closing by way of a conveyance
on or before closing, of the lands described as Blocks 45 and 46
of subdivision attached hereto.
to
on
the Vendor,
the draft plan
The closing date shall be the 7th day after the date of execution by the Purchaser and
the Vendor of a Subdivision Agreement as required by Condition No.8 of the Minister's
Conditions issued under MMAH File No. 43T-91016.
SCHEDULE(S)
L CHATTELS INCLUDED,
A
attached hereto form(s) part of this Agreement.
2. FIXTURES EXCLUDED,
3. RENTAL ITEMS:The following equipment is rented and not il'1c1uded in the Purchase Price. The Purchaser agrees fa assume the rental contract(sj, if assumable:
4. IRREVOCABILITY: This Offer sha)) be irrevocable by until p.m. on the day of
(YendorjPurr:hoser)
after which time, if not accepted, this Offer shall be null and vOid and Hie deposit sholl be returned to the Purchaser in full without interest.
,19
6,
5, COMPLETION DATE, ~~~::QX~KiJ<m<9>\\<k"'''''''''~vXXXXXXX''"'lV.!xxxxJCxxxxxxxxxxxxxxti~x .
Upon completion, vacant possession of the property shall be given to the PurchaserunTess01J1erwIse pro\"ded1t'fJn tnj"sA:greemenr---~
NOTICES: Vendor hereby appoints the ListinQ Broker os Agent for the purpose of givinQ and receiving notices pursuant to this Agreement. 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 far herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or
any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when
transmitted eledronicoJJy to that facsimile number.
FAX No.
(for delivery of notices 10 VendQr)
FAX No.
(For delivery of notices to Pur~hoser)
10,
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be included in_ Ihe Purchase Price.
t.ndudedinJmoddlhon to)
If this transaction is not subject to G.$.T., Vendor agrees to provide on or before dosing, 0 cerfificate that the transaction is not subject to G.S.T.
TITLE SEARCH: Purchaser sholl be allowed until :rce:a:~..moo:Jx:1beclosina __ _ 'XCknr~k-_____ _______ ___ ___ _ _ -____;xtfx: ,(Requisition Do/e) 10
examine the title to the property at his own expense and until the earlier of:' (i) ttiirry- days from the later ~f the Requisition Date or the dote on which the
conditions in this Agreement ore fuHilled or otherwise waived or; (ii) five days prior to completion, to satisfy htrY\Self that there ore no outstanding work orders
or deficiency notices affecting the property, that its present use t, _______________ )
may be !awfully continued and that the principa! building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental
agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees /0 execute and deliver such further authorizations
in this regard as Purchaser may reasonably require.
9. FUTURE USE: Vendor and Purchaser agree thai 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.
TITLE: Provided that the title to the properly is good and free from aJ! registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in
this Agreement and save and except for (a) (.Jf1y registered restrictions or covenon1s that run with the land providing that such are compJied with; Ib) any registered
municipal agreements and registered agreements with pub!idy regulated utilities providing such have been complied with, or seClJrity has been posted to ensure compliance
and compJetion, os evidenced by a leHer 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, tefephone lines, cable 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 lawfuJly be continued, or that the principal building may not be insured
against risk of fire is mode in writing to Vendor ar,d which Ver,dor is unab!e 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 objections, shall be at an er,d and all monies paid shall be returned without interest
or deduction and Vendor, Listing Broker and Co-operating Broker shall not be liable for any tosfs or damages. Save as to any valid obiection so made by such
day and except for any objection going to the root of the title, Purchaser sholl be condusively deemed to have accepted Vendor's title to the property.
8.
.
form No. 101
01/96
,e
.
THIS IS SCHEDULE "A" TO THE OFFER TO PURCHASE BETWEEN HURONIA HOMES
LTD., AS PURCHASER AND THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE, AS VENDOR
This Offer is conditional until closing upon compliance with the
Corporation of the Township of Oro-Medonte's Property Disposal By-
law No. 96-35, failing which this offer shall be null and void.
The Vendor and the Purchaser agree that the Purchase Price for the
Property shall be the fair market value as of the date of closing,
as determined by the parties, acting reasonably, in that the fair
market value so determined shall be equal to the fair market value
of Blocks 45 and 46 on the draft Plan of Subdivision.
F or Large Map see
File