3138 To authorize the Purchase and Sale of St Marys School.THE CORORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 313�
A BY-LAW to authorize the Purchase and Sale of St Mary's School.
WHEREAS the lands subject to this by-law have been offered for sale to the Town of
Tillsonburg by the London District Catholic School Board.
AND WHEREAS the Roman Catholic Episcopal Corporation of the Diocese of London
in Ontario wish to purchase the lands subject to this By -Law from the Town of
Tillsonburg if purchased by the Town of Tillsonburg.
AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of purchasing
and selling certain lands as described in this By -Law.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the Council of the Town of Tillsonburg does authorize the purchase of certain
lands as described in the Agreement of Purchase and Sale attached hereto as
Appendix "A" to this By -Law in accordance with the Terms and Conditions
contained therein.
2. THAT the Council of the Town of Tillsonburg does hereby authorize the sale of
certain lands as described in the Agreement of Purchase and Sale attached hereto as
Appendix "B" to this By -Law in accordance with the Terms and Conditions
contained therein.
3. The Mayor and Clerk are hereby authorized to execute on behalf of the Corporation
of the Town of Tillsonburg such documents to give effect to this conveyance
including the Offers of Purchase and Sale attached as Appendix "A" and "B" herein.
4. Appendix "A" and "B" are hereby declared to be part of this By-law as if written
herein.
5. THAT this By -Law shall come into full force and effect upon the date of enactment.
READ A FIRST SECOND ANE THIRD TIME, PASSED, SIGNED, SEALED AND
NUMBERED THIS 13th DAY OF December, 2002.
_____.
Clerk
APPENDIX 11811
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
PURCHASER, THE ROMAN CATHOLIC EPISCOPAL CORPORATION OF THE DIOCESE OF
LONDON IN ONTARIO ......................................................... . ...................... agrees to purchase from
(Full legal names of all Purchasers)
VENDOR, THE CORPORATION OF THE TOWN OF TILLSONBURG......................................... the following
(Full legal names of all Vendors)
REAL PROPERTY:
Aciress: 131 Rolph Street,Tillsonburg,Ont. .................. fronting on the ....West.... side of ...... ..... Rolph Street
in the Town of Tillsonburg ,County of Oxford......................................................................... .
and having a frontage of 134.14 feet ....... more or less by a depth of Irregular - 414.88 ft. maximUMmore or less and legally described as
Part of Lots 731, 733 and 734, Plan 500, Town of Tillsonburg,County of Oxford (Identified by Property Identifier Nos.
00030-0221 AND 00030-0223)...........................................................................................
................................................................................................................. (the "properly').
(Legal description of land including easements)
PURCHASE PRICE: THREE HUNDRED THOUSAND .............................................. Dollars (CDN$ 300,000.00)
DEPOSIT:
Purchaser submits Upon Acceptance ................. ONE THOUSAND ............................. Dollars (CDN$1,000.00)
(Herewith/Upon acceptance)
cash or negotiable cheque payable to ........ the Vendor's Solicitor ... to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows:
a) The Purchasers agree to pay the balance of the purchase price, subject to adjustments, in cash or by
certified cheque, to the Vendors on the completion of this transaction.
b) Whereby the Purchaser, in addition to paying the Purchase Price, agrees to further indemnify and save
harmless The Corporation of the Town of Tillsonburg in respect of any and all costs incurred in connection with
this transaction and/or the original acquisition by The Corporation of the Town of Tillsonburg of the lands that are
the subject of this transaction from The London District Catholic School Board including but not limited to all
Survey costs, land transfer tax, miscellaneous disbursements and legal costs.
C) This Agreement of Purchase and Sale is further conditional on the Vendor herein completing on or before
December 17th,2004 its purchase of the lands that are the subject of this transaction from The London District
Catholic School Board failing which, this Offer shall become null and void and the Purchaser's deposit shall be
returned in full without interest or penalty.
SCHEDULES) N/A ....... attached hereto form(s) part of this Agreement.
1. CHATTELS INCLUDED: NIL............................................................................................... .
2. FIXTURES EXCLUDED:...... NIL......................................................................................... .
3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Purchaser agrees to assume the rental contract(s), if assumable:
NIL.....................................................................................................................
a. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser ...... until 6:00 .... p.m. on the 14th day of ...... December,2004
after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .... 17th day of ................ December, 2004
Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
6. NOTICES: Vendor hereby appoints the Listing Broker as Agent for the purpose of giving 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 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
electronically to that facsimile number.
FAX NO. (519) 842-5001 .... (For delivery of notices to Vendor) FAX NO. ........................... (For Delivery of notices to Purchaser)
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be In addition to ..................... the Purchase Price.
If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T.
8. TITLE SEARCH: Purchaser shall be allowed until (10) days prior to closing ...................................... (Requisition Date) to
examine the title to the property at his own expense and until the earlier of: (i) thirty days -from the later of the Requisition Date or the date on which the conditions in this
Agreement are fulfilled 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 ( Institutional................................................................................ )
may be lawfully 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 reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will
be lawful except as may be specifically provided for in this Agreement.
10. TITLE: Provided that the title to the property is good and free from 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, provided that such are complied with; (b) any registered
municipal agreements and registered agreements with publicly regulated utilities providing such have 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
to the property or adjacent properties; and (d) 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 present use of the property. If within the specified times referred to in paragraph 8 any valid objections 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 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 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 objections so made by such day and except for any objection going
to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, surveyor other evidence of title to the property except such as are 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 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 Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or insurance
Company and which is not to be assumed by Purchaser on completion, is not available in registrable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain,
out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to
Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee
of the amount required to obtain the discharge out of the balance due on completion.
12. 1 NSPECTI O N: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding
agreement of purchase and sale between Purchaser and Vendor.
13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion, Vendor 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, Purchaser may either terminate this Agreement and have all monies
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 Vendor is taking back a
Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on
completion.
14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and
Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor, and any Charge/Mortgage to be
given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements
contemplated by Section 50(22) of the Planning Act, R.S.O. 1990.
16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability
in respect of tax payable by Vendor under the non -residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed
certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17, ADJUSTMENTS: Any rents, mortgage interest. realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be
apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Purchaser.
18. TIME LIMITS: Time shall in all 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 an agreement
in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard.
19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft
or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire.
20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.Q. 1990 unless Vendors spouse has executed
the consent hereinafter provided.
21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing
ureaformaidehyde, and that to the best of Vendors 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 subject of this transaction.
22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit andlor personal information may be referred to in connection with this transaction.
23. AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
24. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion
hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement
between Purchaser and Vendor. There is no representation, warranty, collatera! agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read
with all changes of gender or number required by the context.
25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein.
DATED at London,Ontario ...... this day of November,2004
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
............ I ........ THE ROMAN CATHOLIC EPISCOPAL CORPORATION OF THE DIOCESE OF LONDON IN ONTARIO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . (Seal)DATE.........................................
(Witness) (Purchaser)
.................................... (Seal) DATE .........................................
(Witness) (Purchaser)
I/VW/e have authority to bind the Corporation
I, the Undersigned Vendor, agree to the above Offer y--d4eGt}y
Sewices Tax be-applifabie}-foc thePFOcsedr. Gf the sale pFi9F %Q aAy PaYrneAt tQ the undeFlligA914 GA GQMP1960A, as advised by the Listing.
DATED at Tillsonburg,Ontario ..................... this day of November,2004
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
... _ ...... ....... THE CORPORATION OF THE TOWN OF TILLSONBURG
.................................... (Seal) DATE .........................................
(Witness) (Vendor)
............................... (seal) DATE .........................................
(Witness) (Vendor)
I/We have authority to bind the Corporation
4390, and hereby-agfees with the sef that
.......... I ...................... (seat) DATE .........................................
(Witness) (Spouse)
CONFIRMATION OF EXECUTION: notwithstanding anything contained herein to the contrary, I confirm this agreement with all changes both typed and written was finally executed by all parties
at............. a.m./p.m.this day of ............................................................ I .......... I.............
(Signature of Vendor or Purchaser)
CONFIRMATION OF REPRESENTATION
1h@Feby the 4110F661-Of440-4niecests-at
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize the I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and 1 authorize the
Agent to forward a copy to my lawyer. Agent to forward a copy to my lawyer.
is7�ily
DATE .............
(Vendor)
Address for Service. 200 Broadway Street, .. ... .......................... .
Tillsonburg,Ontario.N4G 5A7 .... Tel. No. 842-6428 .....
Vendor's Lawyer: D.BRADLEY BENNETT
Address: 36 Broadway, Box 5,
Tillsonburg,Ontario. N4G 4H3
Tel. No. (519) 842-3658 Fax No. (519) 842-5001
......... DATE ....
(Purchaser)
.......... DATE .............
(Purchaser)
Address for Service: .............................................................
............. Tel. No. ..I ........ I.....I.....
Fax No.
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APPENDIX "A"
AGREEMENT OF PURCHASE AND SALE
(FOR USE IN THE PROVINCE OF ONTARIO)
PURCHASER, THE CORPORATION OF THE TOWN OF TILLSONBURG "In Trust" .................... agrees to purchase from
(Full legal names of all Purchasers)
VENDOR, THE LONDON DISTRICT CATHOLIC SCHOOL BOARD ........................................... the following
(Full legal names of all Vendors)
REAL PROPERTY:
Address: 131 Rolph Street,Tillsonburg,Ont. .................. fronting on the ....West .... side of ...... .... Rolph Street
in the Town of Tillsonburg, County of Oxford........................................................................ .
and having a frontage of 134.14 feet more or less by a depth of Irregular - 414.88 feet maximum ...... more or Iess and legally described as
Part of Lots 731, 733 and 734, Plan 500, Town of Tillsonburg, County of Oxford (Identified by Property Identifier
Nos. 00030-0221 AND 00030-0223)......................................................................................
...................... ..................................................................... I .......... I....... (the "property").
(Legal description of land including easements)
PURCHASE PRICE: THREE HUNDRED THOUSAND .............................................. Dollars (CDN$ 300,000.00)
DEPOSIT:
Purchaser submits Upon Acceptance .................. ONE THOUSAND ............................. Dollars (CDN$ 1,000.00)
(Herewith/Upon acceptance)
cash or negotiable cheque payable to ........ the Vendor's Solicitor ................................ to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows.
a) 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.
b) The Vendor agrees, on or before closing, to discharge any liens, mortgages or encumbrances at its own
expense.
C) It is a condition of this Agreement of Purchase and Sale that on or prior to the date of completion the
Vendor has obtained clear title to that part of Lot 734 as shown on Registered Plan 500 more recently described
as PART 1 as shown on Reference Plan 41R-1941, from The Brantford,Norfolk and Port Burwell Railway Company
(Identified by Property Identifier No. 00030-0223). In the event that this condition is not fulfilled prior to the date of
completion, this Offer shall become null and void and the Purchaser's deposit shall be returned in full without
interest or penalty.
SCHEDULE(5) NIA ....... attached hereto form(s) part of this Agreement.
1. CHATTELS INCLUDED: NIL............................................................................................... .
2. FIXTURES EXCLUDED:...... NIL.......................................................................................... .
3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Purchaser agrees to assume the rental contract(s), if assumable:
NIL.....................................................................................................................
4. IRREVOCABILITY: This Offer shall be irrevocable by Vendor ...... until 6:00 .... p.m. on the 14th day of ...... , December, 2004
after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .... 17th day of ............... December, 2004.
Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement.
6. NOTICES: Vendor hereby appoints the Listing Broker as Agent for the purpose of giving 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 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
electronically to that facsimile number.
FAX NO. (519) 663-9753 .... (For delivery of notices to Vendor) FAX NO. (519) 842-5001 ........... (For Delivery of notices to Purchaser)
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to ..................... the Purchase Price.
If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T.
8, TITLE SEARCH: Purchaser shall be allowed until (10) days prior to closing ...................................... (Requisition Date) to
examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this
Agreement are fulfilled 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 ( Institutional................................................................................ )
may be lawfully 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 reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will
be lawful except as may be specifically provided for in this Agreement.
to. 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, provided that such are complied with; (b) any registered
municipal agreements and registered agreements with publicly regulated utilities providing such have 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
to the property or adjacent properties; and (d) 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 present use of the property. If within the specified times referred to in paragraph 8 any valid objections 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 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 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 objections so made by such day and except for any objection going
to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
11. DOCUMENTS AND D ISCHARGE: Purchaser shall not call for the production of any title deed abstract, surveyor other evidence of title to the property except such as are in the possession
or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendors control to Purchaser 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 Loan Companies Act (Canada). Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance
Company and which is not to be assumed by Purchaser on completion, is not available in registrable form on completion, Purchaser agrees to accept Vendors lawyers personal undertaking to obtain,
out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to
Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee
of the amount required to obtain the discharge out of the balance due on completion,
12. 1 NSPECTI0N: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding
agreement of purchase and sale between Purchaser and Vendor.
13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion, Vendor 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, Purchaser may either terminate this Agreement and have all monies
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 Vendor is taking back a
Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on
completion.
14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and
Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor, and any Charge/Mortgage to be
given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements
contemplated by Section 50(22) of the Planning Act, R.S.O. 1990.
16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchasers liability
in respect of tax payable by Vendor under the non -residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed
certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be
apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Purchaser.
18. TIME LIMITS: Time shall in all 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 an agreement
in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard.
19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft
or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire.
20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed
the consent hereinafter provided.
21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the propertyto be insulated with insulation containing
ureaformaidehyde, and that to the best of Vendor'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 subject of this transaction.
22 CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction.
23. AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below.
24. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion
hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement
between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement tither than as expressed herein. This Agreement shall be read
with all changes of gender or number required by the context.
25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein.
DATED at Tillsonburg,Ontario........................................ this day of November, 2004
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
• • • . • • • .................... THE CORPORATION OF THE TOWN OF TILLSONBURG "In Trust"
..............................................I...................... (seal)DATE.........................................
(Witness) (Purchaser)
....I... ........................................................... (seal)DATE.........................................
(Witness) (Purchaser)
I/VVe have authority to bind the Corporation
&OPAWe6 Teras1- any GtheF taxes ar, may h@F@a#SF be, --pliGable), foF tho pFoweds of the sale pFior to any payment lo the uAdemaigned on Gompleli as advised by 11he Listing 11rakOF40 my la"F.
DATED at ,Ontario .............. this day of November, 2004
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
• . • . • . • • • • • • • • . • ......... I ... I ... THE LONDON DISTRICT CATHOLIC SCHOOL BOARD
................................. . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . (Seal)DATE.........................................
(Witness) (Vendor)
..................................................................... (semi)DATE.........................................
(Witness) (Vendor)
I/We have authority to bind the Corporation
_6P4011-1601.1- CONSINT! The UndeFaIgRed-4R.S.Q.
1990, and-herebyagFeer, willh the PUFGhaSeF 11hat h&she will emeeute all neeessafy OF ineidental decuments, to give full feree eRd effeet to the sale eyideneed heFein;
........... . . . ... ............................................................ (seal) DATE .........................................
(Witness) (Spouse)
CONFIRMATION OF EXECUTION: notwithstanding anything contained herein to the contrary, I confirm this agreement with all changes both typed and written was finally executed by all parties
at............. a.m./p.m.this day of .....................................................................................
(Signature of Vendor or Purchaser)
CONFIRMATION OF REPRESENTATION
I hereby acknowledge and confirm the Listing Broker represents the interests of I hereby acknowledge and confirm the Listing Broker represents the Interests of
in this transaction. • • • • • • • • • • • . • . • • • • • In this transaction.
(VendorNendor and the Purchaser) (Vendor/ Purchaser)
............................................................................
Signature of Listing Broker or authorized representative Signature of Co-operating Broker or authorized representative
Name of Listing Broker:........... Name of Co-operating Broker: ..................................................... .
.......................................................................................
Tel No. Fax No, Tel No. Fax No.
ACKNOWLEDGEMENT
I acknoMedge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize the I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize the
Agent to forward a copy to my lawyer. Agent to forward a copy to my lawyer.
.......
........... ..........
................................................... DATE ..................
(Vendor)
(Purchaser)
DATE.................................................. DATE .............
(Vendor) (Purchaser)
Address for Service: Address for Service: 200 Broadway Street, . .................................. .
Tillsonburg,Ontario N4G 5A7 ......... Tel. No. 842-6428 ............
Purchasers Lawyer D. BRADLEY BENNETT..................................
Vendor's Lawyer ......... .........................
. .... ..... ........ Address: 36 Broadway, Box 5 . ..............................................
Address: .... Tillsonburg,Ontario. N4G 4H3 ............................................
.................................................................
Tet. No. (519) 842-3658 Fax No. (519) 842-5001
..............................................................................
Tel No. Fax No.
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