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1997-111 To Authorize the sale of surplus land to John Micheal McGean and Heather Jane Norris, being Lot 144, Plan 51M456, Township of Oro-Medonter THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 97- 111 Being a By -law to authorize the sale of surplus land to John Michael McGean and Heather Jane Norris, being Lot 144, Plan 51M -456, Township of Oro - Medonte (formerly Township of Oro) WHEREAS the Municipal Act, R.S.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 of the Municipal Act on the 17' 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 of Invitation 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 form 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 Heather Norris and John McGean pursuant to the terms of the Agreement of Purchase and Sale on the 16' day of October, 1997; AND WHEREAS it s deemed expedient to confirm the actions of the Municipality in conveying the subject lands; NOW THEREFORE the Council of The Corporation of the township of Oro - Medonte hereby enacts as follows: 1. the Municipality hereby authorizes and confirms the sale of the lands described in Schedule "A" attached hereto to heather Norris and John McGean for the sum of $46,000.00. 2. The actions of the Mayor and the Clerk are hereby confirmed 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 all other documentation required to give effect to the sale of the said lands. By -law read a first and second time this 17` day of December, 1997. By -law read a third time and finally passed this 17 " day of December 1997. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, Ian Beard t Clerk, Lynda Aiken SCHEDULE "A" Parcel 144 -1, Section 51M -456, being Lot 144, Plan 51M -456, Township of Oro - Medonte (formerly Township of Oro), cCounty of Simcoe. C] E 10/16/97 THU 14:56 FAX 705 722 8147 HOMELIFE BARRIE )(1002 AGREEMENT OF PURCHASE AND SALE J (FOR LOSE IN THE PROVINCE OF ONTARIO) MALI agrees to p en PURCHASER HEATTIER NORMS AND MICHAEL M!� ..... ........ .................. .......... TOWNSHIP OF ORO-MEDONn ....... T I.- ,,the falivoin( VENDOR ..... . ............. .......... ........ .............................. ................ * ....... REAL PROPIllyffs- 1 CIIESTNUTLANE inih* Address LOT 144 CHESTNUT LANE ................. ­­­ ...... ........ .......... - TOWNSHIP OF ORO-MEDONTE ............... - ... .......... .. ............ ................ ------ 52 --1 .... and fo mn a .. ...... –.11 ... ....... -A frontage of nv orlsin hyuchifilh.1' -.. 1 1 8 1 ............... -- ----- more . and leg a lly described of W�" more 1 .. ........ — PLAN M456 LoT'144 ------------ ' -------- ....... .............. .............................. ............. he . - p- - p - orm - ---- --- --------- --- cc ------- ........... .................. weariness �_u --�5 k -4- lo a,-'Mousand dollar ............. 77f��t .......... ........ s PURCHASE PRICEz DEPOSIT( Upon a plonm Two Thousand dollars u n a mmi (cDNa 2 , 00 00 -0 ."I1 ............ ­_ .... .... ------------- ......... --------------- -------- �y' ....... wfiNvan aco-Phimoss) cush or negotiable clealiffe Payable to . . ... ..... to be Wa in inert pending completion or ocher lamination of this Allesernem 09 pt.bF..ff bal. ealiallowe: ts, or c; no, to the Vendor on the completion of pay the balance of the purchase price, subject to usmurients, in this t action. 744 of of the subject property as per attached. Purchasers, THIS OFFER IS CONDITIONAL for a period of SEVEN (7) D AYS from acceptance upon the at their o wn shall be null and void and the Purchaser deposit shall be expense, obtaining Health Unit approval, failing which this off er returned in ftffl without Interest. THIS OFFER IS FURTHER CONDITIONAL for the sixuale SEVEN (7) DAYS upon the Purchasees satisfying themselves 11 an d void and the Purchases deposit shall be that they can obtain a building permit, failing w hich this offer shall become no returned in full without interest, THE VENDOR AGREES to allow the Purchaser to eater upon the said property to dig TWO (2) FIVE FEET test holes following acceptance of this offer. THENPURCHASER AGREES to pay the $3000.Oq lot 1eyies on or before closing. /"SCHEDULE($).. ..... ------- ........ ........ .... .... ........ attached heroin form(s) part of this Agi-eement. T. C ------------------ __ ......... - ... . ........... ........ -- --- i, CHATTELS INCLUDED( -------- ............. ........... ... ...... .. .... ..... ............. ............... ---------- ___ .. ....... ........ ......... 1 ......... - ------ __ ........... ...... ....... ... . ... 2. FIXTURES EXCLUDED( ------------- ............... ...... ............ ------------------------- ....... ...................... ----------- ...... ------------------- .................. - - ------ ---------------- .. .. ... ... . 3. RENTAL ITEMS, .... i equipment in rented and not wi�;: The - Purch - wer ag rvics to a ssum e the renl6FYoTt ¢J if assumable: ......... - ...... ....... .......... ........... __ ................. ...... ........ ....... ... )6 5:0 October ' 19 97 p �,.anlh. 1-�*_dwf ................... ...... ...... ..... 4 a ffa which time, Ltry, This Offer shall be imwocable by urdil 0 ---------- itz ...... ............ * ..... - it not accep thi Offer shall he null and aid and the deposit sholl be returned to the purchaser in full without interest. 5. COMPLETION DATE, TNt Agreement shall be completed by no law than &DO p.m. on it. 3 Ist day of October L9 97 Upon camPlelion,wmM possuatimm of the propedy shall be given so the purchaser unless otherwise 6, NOTICES, Vendor hereby appoints the Listing Broker osAgate for the purpo of giving and maiivingndicospursuant to lhisAgmeement.Only If the Co-apasirating Dinakii ropimansants the Intereaft of the Punhasser In this IratuaAloa, the purchaser haraby appoints the Go•opmrffing (faker as Aeoril for the purpose of g iving and ,.wing notices pursuant to this A Any notice totaling hereto or provided for herein abed -iol-riiing. This offer, an counter offer, notice of acceptance thereof, or any notice shall be dammed given and received, when horal dolneired to the address for service prur u lc, or whom a facsimile number is provided herein, when transmuted a l e d w i l li ca ll y to the kicaunila number. t FAX Pro. .... .:.: . ....... (For d.6Wy of notice, to Vend") FAX No- (70S) 73 9 - 1330 - ,. .(Par d.lemmy of notices to Purchaser) 7, GSTs Bihi transaction is subject to Good, and Services Tax (G.&T.), than such ficezhall 46 1`r\ a c14 . Z_t' - -- ----- . ..... -ths, Furd'oso Pric . . - . I ... b pai; a ,ilz,n ,ka; 61 If this transaction is not silbiact to G.S.T., Vend" agniffislo codify on or before closing, th th hamawhQniz not subject to G.S.T. 7 J�8, TITLE SEARCH[ Fund-imser,fall he allowed until 6:00 p.m, on the 29th day of October 199 .... (Requisition Date) to -mina the 'On' the proper a t his x t expeetto and until the - 6 - m - lits offer of the Rrosiiion Dons or the date met which the conditions in this Alifirsomor am fulfilled or otherwise woured or, (ii) five days fu t comp l e ti o n, to salial himself that th am no 0 ,A,f or ldin g work orders ordaficiancy notices affecting the property, that its present we building lot eiirae ....... 'f may he lawfully comed an d that it. principal building ma be ma t " J Purchaser details o f o il o utstanding work order, a ff ec ti ng the properly, and Vendor uprow to wascuto and datimer such further auth0fimlion's in 1 F 4 call wd me Pu . e' ma reasonably require. Ju re intend we of the P roperty by Purchaser is " will be lawful 9. FUTURE USES Vendor and p off tho, thersia no representation orwumant at any fund lima the fu i end accept an may be spec ifi c all y proAdod for in this Agreement. I D.TITLE, P that the fille to the property i goo m d f firm all registered res c ha r ,., H., and encumbrances exicept as otherwise specifically Pncoidd In this Agreement and .aw end except far (a) ar re woAd;. or- cov that ran with the land pr that such are compiled ith;(6) cm , ee ,id.iwd ermnicip.] agreemen and re a with publicly regulated u liliti se priding such Jews been compiled with, or a .. i lt, has b.n pooled to swum compliance and ampleti., ou . -,idaraw, b o t eller f rom th us municipality or regulated ulirdy; let any minor casements for the supply of domestic utility w biloPhOre coratw" 10 the ProPedy o" calions" Proped'e' and (d) cry mccamonis for drainage, stomn " sarilloxy sewom, public utility lines, telephone Imas, cable television fin" " other services which d not materially affect the premard in of the property. if w ith in th specified times reduced to in para a an valid c to t i t l e " to any ou work order cir deficiency nation, " to the lud the Sold prison use ma not Lawfull be continued, or that the principal building may net be insured a r isk of tire is made in writing to Vendor and which Vendor is unable ar unwiffin i nun., remed or satisfy and which Purdlowr will not wuiwi, this Agreement notwillufanding an intermediate ads or regatiatiom in matiod of such objections, shall be of an an and all monies paid shall be returned without interest or deduction and Vendor, Listing Broker and Co-opilmling Blvkar shall mul be liable far any c wis "damages. scres M to or ..fid obieclion a, made by such day and euro For an cibiacum going to the real of the life, Purchaser shall he concluanrely mounted to hen awsoed VendrA fill- to Ihm praPed **" Xa..%" errs Wass asee ohm Wilasin malsong an . , 00 1§=dWd P ension P ension. INPrAff Offick. 14-iss A- 101 1111111JO7 10 /16/97. THU 14:58 FAX 705 722 8147 HOMELIFE BARRIE 117003 I L DOCUMENTS AND DISCHARGE: Purchaser shag at coil for the pme ixtion of any title dead, abam<t, survey or other ovidnce of title to the property wept such" era in " the possession or control of Vendor. If requested by Purchaser, Vendor will doliver any sketch or serial, of The property within Vendor: mmml to Purchaser as soon as possible and eitron Data- If o discharge of ant ChargoR+bstgage held by a corporation incorporated penuam to the Trust and loan Companies Ad (Caned), Chartered Bonk, prior to the Raqui Trust Company, ition Union, discharge ge of t or (nsuranBe Company and which is not to be assumed by Purchaser on tamplelfon, is not available in mgLnmble form on o obtain, out of the closing funds, a discharge in registrable form an d to d b the same on tills within completion, Purchaser agmos to no,upt Vendors lawyeen personal Menaking t a reasonable period of time after completion, provided that on or before completion Vendor shall prowds to Purchaser a mortgage statement prepared by the u charge out the balance required to obtain the discharge, together with a. direction a mcultd by Vendor directing payment to the mortgagee of the amount required to obIaim n the e d di scharge w out of the balance due an completion. 12. INSPECTION& Purchaser acknawladaes having had the opportunity to inspect the property and understands that upon acceptance of this Offer It one shall be a binding agreareent of purchase and role bsrhe n Purchaser and Vander. 13.INSURANCEx Al buildings on the property and oil other things being purchased shall be and remain until completion m the risk of Vendor Pending completion, Vendor shag A hold all insurance policies, if any, and the proceeds thereof in trust for the parties us (heir internals may appear and in the wane of substantial damage, Purchaser may either terminate this Agreement and have all monies p � witho ngago' or Purchaser s h Chi 9e/ModBoga, FL hasershall Vendor cwiTh NO nable evidence be tmasferred on completion. If Vendor is taking ' of udequare insurance to proles Vendors or other mods igee4t imersel an comPtetion. 1 DINNING ACTx Ths if Vendor. Agreement shall be eBadim to create an interest in the properly only r complies with the subdivision control provisions of the Planning Ad by nru plalion and Vendor rnvenama to Proceed diligemty at hie expense le obtain any neC9eaary mnaem by mmplelian. �CUMENT.PREPARATIONx ?he Trvnsfar / Daod shall, save for the land T�orsfer Tar AffidovU, be prepared in registrable togs of the e a of Vendor, and any osm rgt /Mangage to ba given bock 6l, the Purchaser m Vendor al the expanse of the Purchaser. If requested by Puiah, Vendor cwenama the[ t th th e Tmrmfer /Deed to be dofivered completion shall remain the atwemems comemplakad by Section `.r0 (22) of iho Planmrg Ad, R�5.��1 4 Puralsme to pay to the Maisie, of Notional gevenue m satisfy Purch,ners 16. RESIDENCYt Purchaser shall be aediled rewords the Purdmse Riw with iho amoum,r y, liabiffy in reaped of taz payable by Vendor under the non- residenry pmvisrons of the Inmma Tmr Ad by roasen of this sole. Purchaser shag no t claim such credit if Vendor delivers on mmpldion the presaibad eertiFmb or a statutory dederatian that Vendor ie nW then anon- resident of Canada. 1 ZADIU$TMENT$t AnY ranls,motlggage interesi,reolty torn including least imprcwement ratev cod unmetered public or private utility charges and unmetered cast of fuol,ae applicable, shall fie oppoNoned cod allewed to the day of complelioa, the day of completion iL -elho be apPadionsd to matt e eer. 18.TIME LIMITSi Tmo shall in all a pads be of the essence he eof p o tied that the lime or doing or wmplhatin99 auih iz� n that regard. h ere i n may be eda a O or abridged by on Ogreament in writing signed by Vendor arts Purchaser or by (hair reapeden layers who may be apse Y 19.TENDERs Any lender of decumoms or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money maY ba tendered by bank draft or cheque testified by a Chartered Bank, Trust Company, Prince of Ontario Sommer Office, Credit Union or Cause Populoire- 20. FAMILY LAW ACTt Vendor warrants than spousal consent is rut neceni ni to Ibis transaction under the provisions of the Family law Aar, R.S - O. 1990 unloss Vendors space' has executed the consent heramafler pmvided- 21. UFFIr Vendor represents and warrants la Purchaser chat during the time Vendor has awned the property, Vendor has not rouse or has aver d arty building on the property u be n th-t contain ted with insulation containing umofonnoldehyda, and that to the beet of Vendor's knowledge no building on the propany contains contained rig in uroafarmaldehyde. This wamsA, shall survive and nor merge on the completion of rhs transaction, and - d the building s pad of a multiple unB butldi y shall ml apply i that pan of the building which s the subject of this Immudicn. 22. CONSUMER REPORrst The Purchaser Is hereby aeti6ed that to consumer repair containing aedil and /or personal information may be referred to in connection with this transaction. 23.AGENCYt II s understood tlwt the broker involved in the tmnaadion ropreeem the ponies as eel out in the Con irrolion of (taprnsemaKan below. N VVWINGi If there is co 24-AGREEMENT Inflict between any provision added to this Agreement ( including any Schedule attached hereto ) and any provision in the sindard preset portion hereof, the added provision shall supewado the standard preset provision to the edem of such conflid. This Agreament including arty Schedule attached hereto, shall mnslituto the entire Agreement between Purchaser and Vendor. There is no representation, womanly, collateral ggmemem or condition, which affects this Agmemom mbar than as e.presaed herein. This Agreement shall be read with all changes of gander or number required by if. contest. 25. SUCCESSgOR,�S,, AND ASSIGNS& The hairs, exeeaors, adminixtrsiora, scants am and assigns of the undar_igned no bo / und o by the terms herein. this.... 1.. y..._.. dwof.. ....__.4r!_...C..!..........__. ......... . ... .. 14� SIGNF�}T. SEALED AND DEUVE ED in the resents af• 1N WITNESS whemaf I have hereunto set my hood ors sea(: T p f / 4 ��r�r� � ........... ........ f ...1?�. /V CS-LF A 1 t AT 1 ....1 11. kltLf.L^� V 1... _ . ... .......... _ . _ ...... �L,.✓.t.ct ? ?r!:...� .. _ ........ ..................._ (PuNamrl (i D ATE t ...[�.. 1 ....... a the Undersigned Vendor, agree to the above Ono&. f hereby y i Timing Broker hereafte r be cop my lawyer to pay dir ihea suit prior loran payment to he undersigned on cop letion as applicable th end Services Tax (end any other taxes an may hereafte be ap plicable), from the ��day advised by i h 'ring Broker to my la - DATED m this ....................... of .... ............ .... ...:....... SIGNED, AND DEUVE m the rea'nm o(: IN WIT whereof a ereunto set hand and seed " l %iWreu, _ _ o T ,.... DATE ..... ... ✓ (Seal) r ,.e e-, SPOUSAL. CONSENT: The Undersigned Spouse of the Vendor hereby cosh o t h e dieposiiion evidenced harem pursuom io the provisions of .Ihe Fami Lew Act, R5.0. 11940, and hereby agrees with the Purchase that he /she will smaum all necessary ar incidental documents to g full fares and affect to the evidenced heroin. ..... ...... ... ... ......... DATE ..... P ............................... ,..... _. .... ..... .. 4Seur4l (Seel) I confirm IFP Agreement wrth all`shang both typed arpl vrjtfen CONFIRMATION OF EXECUTIONS N anyt contained heroin to the contrary, c � °�' � ' ' "" "a oFVendw erPumdioiwd' coos finally executed by all parties D a�l.. -.... ia6 /P -m this ..it day Ol,,,,,... U��'•^^''• ° CONFIRMATION OF REPRESENTATION t hereby acknovdadge and confirm the Uating Broker reprwenis the imersls of the I hereby eckno and confirm the Co- �pealing Broker represents the interests Veen r (Y or/Vendorand lh•Perhose¢ in this Imnsadioa the .... ... ... ,... ... oe inlNsimnsadiae- ._._ .......... ...... J ...._`:::.;.- ...... ._........., ...... Ntaff..N o-C ' f � rahrg .rotor eraW�brua r d' nPreeenlaii. e ..............._... 00 __- surrox 705 739- 1330Ye vrr.. _.. —'J i S Q r ( 705 . ) I3 f,...._............ ACKNOW I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sole and I authorize the Agem to Int, rd a copy to my lawyer. .... DATE ................___........ VandarJ .................. DATE . ........ ...... ........_..... (vendor) for Service ................._. _ ............................... _.._......,... _. _................ Tel ilea t......... ...) ........................... fdrecs odoln fe-re T .....- Add...... ........ .. .,- . ..... .. ..... ......... ._..... ef No. ....:.... . ............. .... .............. _.... FAE Ne. r e1 N FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT To:Co- operating Broker ainc-O on the foregoing Agreement of Purchase and Sala: In consideration for the Cooperating Broker pmcurine the foregoing Agreement of Purchase and Sole, I hereby declare thoi all monk received or receivable by rim in connedion with the Transaction as welemploted in the MI5 Fula_ and Regu(otieru al my Raul Elele Board shall be ma61, and hold in trust.This agreement shall cam itufe o Commission Trust Agreement a; defined in the M15 Rules and shall be subject to and governed by Its, MIS Rules pertaining to Commission Trust. DATE o �a�ndJif,, oa / the��acwp� nl the foregoing Agreement of Purchoee and Sob. Acknowledged by: Si olvw oFUainp uaionz meertivliv "•'r— " ^ " "" Signedire of'1",00pgridiip Sick: rut •'auffioiued'rePreoeirk+f'i:�"