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HomeMy WebLinkAboutBy-law No. 2016-089 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-089 A BY-LAW TO AUTHORIZE THE SALE OF LANDS OWNED BY THE MUNICIPALITY OF BAYHAM WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act. AND WHEREAS Section 268(1) of the said Municipal Act provides in part that every municipality with authority to sell land shall pass a by-law establishing procedures governing the sale of land. AND WHEREAS the Municipality of Bayham passed By-law No. 2015-021 to establish a procedure governing the sale of municipal owned land. AND WHEREAS the Council of the Municipality of Bayham is desirous of selling property owned by the Municipality and has completed procedures pursuant to By-law No. 2015-021 for the sale of the subject lands. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to execute all documents as may be necessary to provide for the sale of real property described as Part 1, Plan 11 R-9920 and Part 2 on the yet to be identified Plan, Municipality of Bayham, County of Elgin, known as 56967 Eden Line, Eden ON to Peter Guenther for consideration of One Hundred Fifty Thousand dollars ($150,000.00); 2. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to execute all ancillary agreements pursuant to the agreement of purchase and sale; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF OCTOBER 2016. MAYO CL - / ORM Ont ,ReOelEstate Confirmation of Co-operation AssoForm 320 and Representation ier ase In'ha Ptavinee of Onborio BUYER; Peter Guenther SELLER: The Corporation of the Municipality of Ba'ham For the transaction on the property known as: 56967 Eden Line,Eden ON For the purposes of this Confirmation of Co-operation and Representation,"Seller"includes a vendor,a landlord,or a prospective, seller,vendor or landlord and"Buyer"includes a purchaser,a tenant,on a prospective,buyer,purchaser or tenant,"sole"includes a lease,and"Agreement of Purchase and Sete"includes an Agreement to Lease. The following Information Is conffnned by the undersigned salesperson/broker representotives of the Bmkerage(s).If o Cooperating Brokerage is involved in the iramsadion,the brokerages agree to cooperate,in consideration of,and on the terms and conditions as set out below. • DECLARATION OF INSURANCE:The undersigned salesperson/broker representatve(s)of the Brokerages)hereby declare Rod he/she is insured as required by the Real Estate and Business Broken Ast,2002 fREBBA 2002)and Regulations. 1. USTING BROKERAGE a) ® The Listing Brokerage represents the Interests of the Seller in this transaction.It is further understood and agreed that: 1) ® The listing Brokerage is not representing or providing Customer Service to the Buyer. Of the Buyer is working wills a Cooperating Brokerage,Section 3 is to he completed by Coeperoting Brokerage) 2) 0 The listing Brokerage is providing Customer Service to the Buyer. b) 0 MULTIPLE REPRESENTATION:The Listing Brokerage has entered into a Buyer Representation Agreement with the Buyer and represents the interests of the Seller and the Buyer,with their consent,For this transaction.The Listing Brokerage must be impartial and equally protect the Interests of the Seller and the Buyer in this transaction.The listing Brokerage has a duty of full disclosure to both the Seller and the Buyer,Including a requirement to disclose oil factual Information aboutihe property known to the listing Brokerage. However,the listing Brokerage shall not disclose: • That the Seller may or will accept less than the listed price,unless otherwise Instructed in writing by the Seller; • That the Buyer may Of will pay more than the offered price,unless otherwise instructed in writing by the Buyer; •The motivation of or personal information about the Seller or Buyer,unless otherwise instructed In writing by the party to which the information applies,or unless failure to disclose would constitute fraudulent,unlawful or unethical practice; •The price the Buyer should offer or the price the Seller should accept; • And;the Listing Brokerage shall not dtsdose to the Buyer the terms of any other offer. However,itis understood that factual market Information about comparable properties and information known to the Listing Brokerage concerning potential uses for the property will be disclosed to both Seller and Buyer to assist them to come to their own conclusions. Additional comments and/or disclosures by Listing Brokerage:(e,g.The Listing Brokerage represents more than one Buyer offering on this properly.) 2. PROPERTY SOLD BY BUYER BROKERAGE—PROPERTY NOT LISTED El The Brokerage represeMtheBuyer and the properly is notlistedwithanyrealestatebrokeroge.Thethokerage willbe paid (dans/does nm) ❑ by the Seller in accordance with a Seller Customer Service Agreement or: ❑ by the Buyer directly Additional comments and/or disclosures by Buyer Brokerage;le,g.The Buyer Brokerage represents more than one Buyer offering on this properly.) • INITIALS OF BUYERS)/SELLER(S)/BROKERAGE REPRESENTATIVE(i)(.,; applicable)aal i 44G DI BUYER CO.OPIRATIN0/B R BROKIRAGG JE LER MING OKiRAGE The tradrmods REALTOR ,RqE�AUOR54bars ipr. TOR01e a oneesntn led by iha C tan Rent E,lalo AuoerortenIcReAiand ideMTyreal eslots rows whoaromemheualCREA.Usedenderlkema. 0 2016,Onsets Real Emla AAqrrs4aebnYontf�'OREA'I.All i,ohns atereed. is Ta wvs dre teped by OREX ler the ute and reprnrixuos wthenmINirl a ee Ratio nisyslanderd er u or rept. on en°Olneey forst your withuse dil is Wrm.rsentoFOREA Do norehwr Form 320 Revised 2015 Page 1 of 2 iH 9 a 9 W P°a N Y YVEBForms4D DeG2016 3. Co-operating Brokerage completes Section 3 end Listing Brokerage completes Section 1. CO.OPERATING BROKERAGE-REPRESENTATION: a) ® The Co-operating Brokerage represents the interests of the Buyer in this transaction• b) © The Co-operating Brokerage is providing Customer Service to the Buyer in this transaction. e) ❑ The Co-operoting Brokerage IS nol representing the Buyer and has nol entered inform agreement to provide customer service(s)to the Buyer. COOPERATING BROKERAGE-COMMISSION: a) ® The Listing Brokerage will pay the Cooperating Brokerage the commission as indicated in the MIS®information for the property 2%pIUS het to be paid from the amount paid by the Seller to the Listing Brokerage. (Commission As Indicated In MLS®Iniormation) Is) ❑ The Cooperating Brokerage will be paid os follows: Additional comments and/ordisclosuresbyCo-aperoting8rokerage:{e.g.,TheCooperaling Brokeragerepresenlsmore than one Buyerafferingonthisproperty,) Commission will be payable as described above,plus applicable loxes. COMMISSION TRUST AGREEMENT:If the above Co-operating Brokerage is receiving payment of commission from the Listing Brokerage,then the agreement between listing Brokerage and Cooperating Brokerage Further includes a Commission Trust Agreement,the consideration for which is the Cooperating Brokerage procuring an offer Far a trade of the propery,acceptable to the Seller.This Commission Trust Agreement shall be subject to and governed by the MLS'rules and regulations pertaining to commission trusts of the Listing Brokerage's local real estate board,if the local board's MIS® rules and regulations so provide.Otherwise,the provisions of the OREA recommended MLS®rules and regulations shall apply to this Commission Trust Agreement.For the purpose of this Commission Trust Agreement,the Commission Trust Amount shall be the amount netted in Section 3 above.The Listing Brokerage hereby dedores that all monies received in connection with the trade shall constitute a Commission Trust and shall be held,in trust,For the Cooperating Brokerage under the terms of the applicable MLS®rules and regulations, SIGNED BY THE BROKER/SALESPERSON REPRESENTATIVE(S)OF THE BROKERAGE(S)(Where applicable) UNIVERSAL CORPORATION OF CANADA(REALT• Morgan Realty inc,Brokerage (Name of Cooperating/Buyer Brokerage) (Noma of Listing Brokerage) � � 34-36 TALBOT ST.E. AYLMER .,3f...5rP(. -- g� 6 t S "�"—p I Tel: : f 9)773-3122 Fax:(519)773-5489 Te'l" X-61)el° ax:.?.k..F..Itf?,/r-565.s Dote:... _6 7/Nt 4 c� Date.Ia •T//° [ 1..... .....•.......irelhtlrig. its 77rr xT the Cooperating/Buyer Brokerage) ff P (Aulho zo Blot the doing Broke • ULINE APOLONIA KRYGSMAN 850010 �G I fr1 i• rd Name at Broker/Solesperson Representative of Ilse Brokerage) (Frio,Noma of Broker/Solecpeoon Reprosentallve of rhe Brokerage) CONSENT FOR MULTIPLE REPRESENTATION(To be completed only if the Brokerage represents more than one client for the transaction) The Buyer/Seller consent with their initials so their Brokerage CD • representing more than one client for this transaction. BUYER'S INITIALS SELLER'S INITIALS ACKNOWLEDGEMENT i have received,read,, nd under nd the above inf rmation, Dole, �1- ✓f 7 4'1'1)1.'61 ' Dote: Af`7rj�L� gnolure of Buyer) •// / 'goo''ofSes Dote: Date: • [Signalers of(kayer) (Signature of Seller) Oetredemerkss ntroee.RSALTORSs9andlt!m�RtAuoenlarjooroconlrolod TheCaralnnRealksbro Aeric anon ICREAI oed identify LLCM:1=2412 le profauianots who ore members at- Used cedar Snore. 0 2016,°Mono Ped bmssAs OR taclorlon' EA'J.AR rights reserved.)file fa os nos developed by OREA iD,the use and teprodeclian of its members rind Lno,uees Du /Soy amamuse or mpraducean is pofitbney,exeyp!web prior witness commaur OREA Do rot shier when printing or reproduciny.g the standard pewit gotten ORSA beau en Iiasi iry lot yam use of its Mae Form 320 Reeked 2015 Page 2 of 2 WEBFomte®Decl2016 Rte►oAsatNarirtaiedoeReanlEstate Agreement of Purchase and Sale Form 100 For use l the Narked Ontario thatteseweeriewwwwweeetheertweeteththeemerewieweepreent This Agreement of Purchase and Sale slated this 27 day of September 2016 B{FYag, ger Guenther agrees to purchase from (Full Leaf names evil Buyers) SELLER, -131 o C.,Z(z{ljfeCII ' CM-A'+•l14 rn'- '(.t(-)11. r Uf~ 311s-i4•I Pk.`r S the following 14 legal names of all Sellers REAL PROPERTY: Address 56967 Eden Line fronting on the south side of Eden Line in the Municipality of Bayham and having a frontage of 204.77 more or less by a depth of IRR more or less and legally described as.Pt 1 RP 11 R-9920 (legal description of ase land Including easements not described elsewhere) (the"properly"( PURCHASE PRICE: Dollars(CDN$) 150,000.00 One Hundred Fifty Thousand Dollars DEPO81h Buyer submits Upon acceptance (Herewith/Upon Acceptance/as otherwise described In this Agreement) Five Thousand Dollars(COW 5,000,00 by negotiable cheque payable to.Mp zan Realty Inc.Brokerage "Deposit Holder"to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion.For the purposes of this Agreement,"Upon Acceptance'shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of the acceptance of this Agreement.The parties to this Agreement hereby acknowledge that,unless otherwise provided for in this Agreement,the Deposit Holder shall place the deposit in trust in the Deposit Holder's non4nterest bearing Real Estate Trust Account and no interest shall be earned,received or paid on the deposit. Buyer agrees to pay the balance as mare particularly sat out in Schedule A attached, ��e� SCHEDULE(S)A attached hereto fonts(*)port •• his greemant��r, p 6, 1. tRREVOCABIUTY:This offer shall be Irrevocable by Buyer (Seller/Buyer) until.t� r i day of Oeteber 2016 ober which lime,if not accepted,this offer shall be null and void and the deposit shag be returned to the Buyer in fol without interest. 2. COMPLETION DATE:This Agreement shall be completed by no later than 6:00 p.m.on the.1A........day of December 2016 Upon completion,vacant possession of the property shag be given to the Buyer unless otherwise provided for in this Agreement. INITIALS OF BUYER(S): 4111119110 INITIALS OF SELLER(S): lheeackmak,AEAaoca FAITORS®rndlh,RFAIrO ,.1,,,owereerrol� TheCenadie RealCilaw AssaclaranICBEA)endDoli iIyredrscore.prdratonabwhoorerwatmnoofC0. Usedundrrrianse. 001,7o2164° 2016,pps�,tariv Real Essde As ciorien ORFK1•t6 d is rorelved.Thio form ww dwebped by OREA for the use and epredu:Ron of is msn,lwe.end Ilu�wsess ane.Aim on ion use ar r,pro�dpyction hew rrcept,,nb prior wriian concurs et OREA.Oo iwl vile+ when prir/ng a reproduefne dee slendard prw i Donlan.ORE*hears no ItoWey ler your use cubit aero. Faire 100 Revised 2015 Page 1 of B wEBFormaOImam B 3. NOTICES:The Seller hereby appoints the listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement.Where a Brokerage(Buyer's Brokerage)has entered into a representation agreement with the Buyer,the Buyer hereby appoints the Buyer's Brokerage as agent for the purpose of giving and receiving notices pursuant to this Agreement.Where a Brokerage represents both the Seller and the Buyer(multiple representation),the Brokerage eftalf not be appointed or authorized to be agent for either the Buyer or the Seller for the purpose of giving and receiving notices.Any notice relating hereto or provided for herein shall be in writing.In addition to any provision contained herein and in any Schedule hereto,this offer,any counter-offer,notice of acceptance thereof or any notice to be given or received pursuant to this Agreement or any Schedule hereto jony of them,`Document")shall be deemed given and received when delivered personally or hand delivered to the Address for Service provided is the Acknowledgement below,or where a Facsimile number or entail address is provided herein,when transmitted electronically to that Facsimile number or email address,respectively,in which case, the signalureis)of the party(parties)shall be deemed to be vaginal. FAX No... FAX No t 5197735489 (For delivery of Documents to Setter) (For delivery of Documents to Buyer) Email Address: Email Address: pauiine.loygsman@a yahoo.ca (For delivery of Documents to Salter) (For delivery of Documents to Buyer) 4. CHATTELS INCWDED. Unless otherwise stated in this Agreement or any Schedule hereto,Seller agrees to convey all fixtures and chattels included In the Purchase Price free from all liens,encumbrances or claims affecting the said fixtures and chattels. 5. FIXTURES EXCLUDED. 6. RENTAL ITEMS(Including Lease,Lease to Own):The Following equipment Is rented and not included In the Purchase Price.The Buyer agrees to assume the rental contract(s),if assumable: none The Buyer agrees to cooperate and execute such documentation os may be required to facilitate such assumption. 7. HST: If the sole of the Property (Real Property as described above) is subject to Harmonized Sales Tax (HST), then such lax shall be in addition to the Purchase Price.If the sale of the Property is not subject to HST,Seller agrees to certify on or before (included in/in addition to) closing,that the sale of the Property Is not subject to HST.Any HST on chattels,if applicable,is not included in the Purchase Price. INITIALS OF BUYER(S): INITIALS OF SELI.ER(5): 1 The trademarks REAt1O22,REAUORSQ✓Q and she REAUOWo logo are contidlod�b�yThe Canodeon Real Estate Association(CREA)and identty tool wide professionals who aro members of CRRA.Used under license. 0,2016.OdEwaade Real Ewa Association('OREA"l.All Rohl,mwry aed.I/is farm was davelaped l y OREA for Iha me end reprod�on of IIs rnambeen aid lice sac onln An olhheer use erre reduction is pralubeed mein weds prior mitten corneas of OREA Oe leo alter Awn prince orreprer�acingshe sean�rrd preset podign.ORMA bans no Ilalrttiry tee yawl useaf ibis form. Form 100 Revised 2015 Pogo 2 of 6 WEBFormse Jenl2016 8. TITLE SEARCH:Buyer shall be allowed until 6:00 p.m.on the.12,,,.,,.,day of Decetuber ,20.16......,(Requisition Date) to examine the title to the Property at Buyer's own expense and until the earlier of:(I►thin,/days from the torero/the Requisition Date or the dale on which the conditions in this Agreement are fulfilled or otherwise waived or;)ii)five days prior to completion,to satisfy Buyer that there ore no outstanding work orders or deficiency notices affecting the Property,and that its present use(Inst )may be lawfully continued and that the principal building may be Insured against risk of fire.Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the property,and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE USE;Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer 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 all registered restrictions,charges,liens,and encumbrances except as otherwise specifically provided In this Agreement and save and except for(a)any registered restrictions or covenants that run with the land providing that such are complied with;(bj 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 telephone services he the property or adjacent properties;and(dj any easements for drainage,storm or sanitary sewers,public utility lines,telephone lines,cable television lines or other services which do not materially affect the use of the property.If within the specified times referred to in paragraph 8 any valid objection to 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 made in writing to Seller and which Seller is unable or unwilling to remove,remedy or satisfy or obtain Insurance save and except against risk of fire(Title Insurance)in favour of the Buyer and any mortgagee,(with all related costs at the expense of the Seller),and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid shall be returned without interest or deduction and Seller,Listing Brokerage anti Co-operating Brokerage shall not be liable for any costs or damages.Save as to any valid objection so made by such day and except for any abjection going to the root of the title,Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS:Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the property, and where the transaction will be completed by electronic registration pursuant to Part III of the lend Registration Reform Act,R_S,O. 1990,Chapter L4 and the Electronic Registration Act,S.O. 1991,Chapter 44,and any amendments thereto,the Seller and Buyer acknowledge and agree that the exchange of dosing funds,non-registrable documents and other items(the"Requisite Deliveries')and the release thereof to the Seller and Buyer will(a)not occur of the same time as the registration of the transfer/deed land any other documents intended to be registered in connection with the completion of this transaction(and(b)be sobject to conditions whereby the lawyers)receiving anyof the Requisite Deliveries will be required to hold some in trust and not release same except In accordance with the terms of a document registration agreement between the said lawyers.The Seller and Buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada.Unless otherwise agreed to by the lawyers,such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE:Buyer shall not call For the production of any title deed,abstract,survey or other evidence of title to the property except such as ore in the possession or control of Seller.If requested by Buyer,Seiler will deliver any sketch or survey of the property within Seller's control lo Buyer as soon as possible and prior to the Requisition Date.If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act(Canada),Chartered Bank,Trust Company,Credit Union,Caisse Populoire or Insurance Company and which is not to be assumed by Buyer on completion,fs not available in registrable form on completion,Buyer agrees to accept Seller's lawyer's personal undertaking to obtain,out of the dosing funds,a discharge in registrable form and to register same,or cause same to be registered,an title within a reasonable period of time after completion,provided that on or before completion Seller shall provide fo Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,and,where a real-time electronic cleared funds transfer system is not being used,a direction executed by Seiler directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due am completion. 13. INSPECTION:Buyer acknowledges having had the opportunity to inspect the Property and understands exit upon acceptance of this offer there shall be a binding agreement of purchase and sale between Buyer and Seller.The Buyer acknowledges having the opportunity to Include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provided for in this Agreement,the Buyer will not be obtaining a property inspection or property inspection report regarding the Property. 14. INSURANCE:All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller.Pending completion,Seller shall hold all insurance policies,if any,and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage,Buyer may either terminate this Agreement and hove all montes paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase.No insurance shall be transferred on completion.If Seller is taking back a Charge/ Mortgage,or Buyer is assuming a Charge/Mortgage,Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. INITIALS OF BUYER(S): 4111. INITIALS OE SELLER(S); SinAsumICRAAeORtALToO ®endtoheROR&o ognmmcEA.UCanuw aro 05016,e Onlodo neat Estate A ciorlan t'OREA'l.Ali Juts.nerved.Thi,tam am deeefcped by OREA for the me and tep,odaoitm of it..member,and homes o�.Anyother 11111 ar sepprosieenorr is protdtsiled escnprwith pdo.w.iegs mn,enl al ORA.Do nor elror when prlMing or teprodudng tiro semurd preset portion.OM boors no linbtirp toryout use et Iris form. Form 100 Revised 2015 Page 3 of e WEBForrese Jan/201e 15. PLANNING ACT:This Agreement shall be effective to creole an interest in the property only if Seller complies with the subdivision control provisions of the Planning Acl by completion and Seller covenants to proceed diligently of Seller's expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION:Th.Transfer/Deed shall,save for the Land Transfer Tox Affidavit,be prepared in registrable form at the expense of Seller,and any Charge/Mortgage to be given back by the Buyer to Seiler of the expense of the Buyer.If requested by Buyer,Seller covenants That the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22J of the Planning Acl,R.S.O.1990. 17. RESIDENCY:io)Subject to lb)below,the Seller represents and warrants that the Seller is not and on completion will not be a nonresident under the non-residency provisions of the Income Tax Ad which representation and warranty shell survive and not merge upon the completion of this transaction and the Seller shall deliver to the Buyer a statutory declaration that Seller is not then a non-resident of Canada;(b)provided that if the Seller is a non-resident under the nonresidency provisions of the Income Tax Act,the Buyer shall be credited towards the Purchase Price with the amount,if any,necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the nonresidency provisions of the Income Tax Act by reason of this sole.Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate. 18.ADJUSTMENTS:Any rents,mortgage interest,realty taxes including local improvement roses end unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion,the cloy of completion itself to be apportioned to Buyer. 19.PROPERTY ASSESSMENT:The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be reassessed on on annual basis.The Buyer and Seller agree that no claim will be made against the Buyer or Seller,or any Brokerage,Broker or Salesperson,for any changes in property tax as a result of a re-assessment of the property,save and except any property foxes that deemed prior to the completion of this transaction. 20.TIME LIMITS:Time shall in all respects be of the essence hereof provided that the time for doing or completing of any molter provided for herein may be extended or abridged by on agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 21.TENDER:Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion.Money shell be tendered with funds drawn on a lawyer's trust account in the farm of a bank draft,certified cheque or wire Transfer using the large Value Transfer System. 22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Low Act, R.6.O.1990 unless Seller's spouse has executed the consent hereinafter provided. 23. UFFI:Seller represents and warrants to Buyer that during the Ilme Seller has owned lite properly,Seller has not caused any building on the property to be insulated with insulation containing ureaformoldehyde,and that to the best al Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde.This warranty shall survive and not merge on the completion of this transaction,and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the sublect of this transaction. 24. LEGAL,ACCOUNTING AND ENVIRONMENTAL ADVICE:The parties acknowledge that any information provided by the brokerage is not legal,tax or environmental advice. 25.CONSUMER REPORTS:The Buyer is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 26-AGREEMENT IN WRITING:If there is conflict or discrepancy between any provision added to this Agreement(including any Schedule attached hereto)and any provision In the standard pre-set portion hereof,the added provision shall supersede the standard preset provision to the extent of such conflict or discrepancy.This Agreement including any Schedule attached hereto,shall constitute the entire Agreement between Buyer and Seller.There is no representation,worranty,collateral agreement or condition,which alfeds this Agreement other ilnon as expressed herein.For the purposes of this Agreement,Seller means vendor and Buyer means purchaser.This Agreement shall be read with all changes of gender or number required by the context. 27. TIME AND DAIS:Any reference to a time and dote in this Agreement shall mean the time and date where the property it located. INITIALS OF BUYER(S): INITIALS OF SELLER{S 1,. �f '� • Tb.undemmle ROAi70 REEALr0RS5 and rhe RfA:TORw(opo ma ormrollad b�.The Cenadion Snot Oslo's / s Asiscinion(CREAT and unRfy rest mews prnlosstanols who aro mnnrbors.>f CREA.Uwd undo'bseise 0 2016,Ontario Rd tibia Asmdmlan'OREA1.All dgl�ts resewad,flits tot was daeloped by1011A for rhe use end reproderruA uF int members end lissome,o4 Allot ler um nr reprssto'Iion Is pahibied,mtcaptwah prior vnnee consent of ORA.Do nob stir wh n priming or reproducing tie standar p.o-sob pon'on-OREAbaors no toldity for your con of ihh form. Form 100 Revised 2015 Page 4 of O WEBFomse®Janl20 t8 28. SUCCESSORS AND ASSIGNS:The heirs,executors,administrators,successors and assigns of the undersigned ore bound by the terms herein. SIGN LED AND WINE' Din the presence of: IN WIINESStsreoflh vze...410.)...serew2it my hand and seal: -03:r • DATE:tie x;206(6 iwi • - iuyeri ' (Seal) • DATE jWllness) Blurni (Seal' I,the Undersigned Seiler,agree to the above offer.I hereby irrevocably instruct my lawyer to pay directly to the brokerage(s)with whom I hove agreed to pay commission,the unpaid balance at the commission together with applicable Harmonized Sales Tax (and any other taxes as may hereafter be applicable),from the proceeds of the sole prior to any payment to the undersigned on completion,as advised by the brokerogeisl to my lawyer. SIGNED,SEALED AND DELIVERED in the presence of: IN WITNESS w.-•o ave . . .. and seal: ------ ' ----'..---- ,-- • DATE 4PAr/i4 • DATE (Wimessj Pohl (sod SPOUSAL CONSENT:The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Low Act,R.S.0.1990,and hereby agrees with lire Buyer that he/she will execute all necessary or incidental documents to give full Faroe and effect to the sale evidenced herein. • DATE (Witness) (Spouse) Peal) CONFIRMATION OF ACCEPTANCE:Notwithstanding anything contained herein to the contrary,I confirm this Agreement with all changes both typed and written was finally accepted by ail parties at.'• A 21.1nippahls /6...day of.. (S7 ej—D-4-3 4 . fSt *re o Se et or Buyer) INFORMATION ON ENtOKERAGE(S) Listing Brokerage.149T 4)1 Inc Brokerage igNo, 5198425000 . . (Salesperson/Broker Name) co.opirium ketmage UNIVERSAL CORPORATION OF CANADA(REALTY) Tel.No.(519)773-3122 PAULINE APOLONIA KRYGSIVIAN ISdesperson i Broker Nome) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of I acknowledge receipt drily signed copy of this accepted Agreement of Purchase end S. anlLar•'.. .0.-.-. ,,- to forward*copy to my lawyer. Purchase and Sale ondi authorize thetlzage to forward a copy to my lawyer. - DATE400//4 A i 0 0 I I i IIIP (Buyer) DATE . 1,./- '°/ 6 DATE DATE (Seller) (Beyed Address for Service Address for Service Tel.No, Tel.No, Seller's Lawyer Buyer's Lawyer :411. AddressAddress Email Email ................. . ............ -g.i•Iii. MX No. Tel.No. • FAX No. FOR OFFICE USE ONLY COMMISSION TRUST AGRISMENT To:co-ape:ming Brakerege shown on the foregoing Agreement of Purchase and Sole: In coneiderailan•• the Cooperating Brokerage procuring the foregoing Agreement of Purchase end Sole.I hereby declare that all moneys received or receivable by me in connection the ransaction as contemplated in the MIS*Rules and Rees does of my Reel Estate Board shall be receivable and held in trust.This agreement shall constitute a Commis.. Ur Agreement at Waled In the MI.S4 Rules and shall be sublecr to and governed by the MLS''Ru, pertaining to Commission Trutt. DATED•'oft, :are orad Ome of the occep4 .the foregolng Agreement of Puttlung and Sale Acii:ill: 4 • .1 1 . _..7..„..V....,....- 4 :r.. lir 4/01111111 . (A. ori• •to Wealth's listing Bra rage) erna me Cooperating Brokerage) —.. .--• V. ER The trademarks MUM AEAITORSO and the REALTORS tor aro oontaled imlhe Canaille Anal Such Annelolon(Mk and idea*mei eagle4 prefaii404011 .of.mambo,*a atm Lho*qv.m1.. 0,2016.cacao 1.03,1E00..431061fiansoRem All rigbio rese!red.WAIF*moo deyfrost I:1.01A Iiior Owok..113,141zopTir91= OT IN mentiers ono iicookees oh.Any or or um or liplOaKtim Is pin•5c,suppf witt.pet "Of*co NM t oilmen prinliag or reproluclog the trand0I pee-al pores.OSSA beers no Robiayiar your use of NZ lann Form 106 Revised 2015 Page 9 of II WE6Forrna0 Jan/2016 • ORMOntario Real Eatate Schedule A Association Form 100 Agreement of Purchase and Sale for um 1n ilia Province of Onbrio This Schedule is attached to and Forms part of the Agreement of Purchase and Sole between: gum, Peter Guenther ,and SELLER, Morgan Realty Inc,,Brokerage for the porchase and sole of 56967 Eden Line Bayham doted ilia 27 day of September 20 16 Buyer agrees to pay the balance as follows: • 1) Buyer shall pay the balance by draft or certified cheque subject to the usual adjustments • to the seller on closing. • 2) Seller will obtain a survey extending the rear property line to be 30 ft. off the rear of the building, as roughly identified in the drawing attached hereto and the property to be conveyed to the Buyer will include the lands to the extended rear property line. 3) Buyer acknowledges that the property is being purchased In es is condition. This form must be initialed by all parties to the Agreement of Purchase and Sale. s77 INITIALS OF BUYER(S):(Lep,/ e TLnaeaoapRwl Er,b/ie NTAS OF SILLER(S tAhesmoemaAnRurrielaMandpUauPrfr5Ilaymrs onkCdATU under license. ®20}Qqtt arta pp al fsmaa Aa��oodduton r0REA'l.ai rl�jh nsereul• s term wet dwafoped by OREA for Ilia use and upradutljja r,(dsmeming andpresesenonry.q�.at}w WemrepmegatonIsprohi ted sac plwithpriorwrptnoutturnatOREA Dorerafier when ganging a reproducing are>ra+dmd drat pannier OREA luauno ebilly lir your use of ihi,teem. Ferro 100 Revised 2015 Page 8 of uvEBPwma®Janf2018