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2950 To authorize the sale of lands to Fleetwood Metal IndustriesTHE CORPORATION OF THE Town of Tillsonburg BY-LAW NUMBER 2950 A BY-LAW to authorize the sale of lands to Fleetwood Metal Industries WHEREAS the lands subject to this by-law have been authorized for acquisition by the Corporation of the Town of Tillsonburg for industrial purposes under authority of by-law 2373. WHEREAS the Corporation of the Town of Tillsonburg has agreed to sell certain lands, being Part of Lot 2, Concession 6 North of Talbot Road being approximately the northerly 6 acres of Part 2, on Reference Plan 3421 in the Town of Tillsonburg, in the County of Oxford, more specifically shown as Part 1 on Reference Plan 41R- 6757 in the Town of Tillsonburg, in the County of Oxford, to Fleetwood Metal Industries, in accordance with agreement of Purchase and Sale dated October 23rd, 2000, a copy of which is attached and Marked Schedule "A" to 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 hereby authorize the conveyance of lands known as Part of part 2, on Reference Plan 41 R- 3421, in the Town of Tillsonburg, County of Oxford to Fleetwood Metal Industries at the purchase price of $159,000.00 in accordance with Agreement of Purchase and Sale, attached hereto as Schedule "A" to this by-law. 2. That Schedule "A" attached hereto is hereby declared to be a part of this by-law as if written and incorporated herein. 3. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Tillsonburg, all documents required to implement the conveyance of lands described in Clause 1 hereof including the attached agreement of Purchase and Sale. READ A FIRSTAND SECOND TIME THIS23rd DAY OF October , 2000. READ A THIRD TIME, PASSED, SIGNED, SEALED AND NUMBERED 2950 THIS 6th DAY OF November , 2000. MAYOR CAO/CL K am Ontario Real Estate Association ontari 1"] Ze COUNTER OFFER Asststat. Association REALTOR' Attached to and forming part of Offer to Purchase between the Corporation -of the Town of T illsonbuM _ ------------------ r•�dad and Fleetwood Metal Industries- - - - - - - - - - - - - - - - - -, for the property known a::part of the westerly Part 2 - - - - _ _ _ (Purdwssd P"'Ciption of Properly) Reference Plan U21 j n_of Tillsonburq being6 acres _dated the 23rd- - _ _ _ _ _ _day ofOctober _ _ _ _ _ _ _, _2000 . - - - - - - - - - - (Dam of OfFed (rod The Vendor accepts the attached offer and all its terms and conditions subject to the following amendments, exceptions and/or additions. 1. ADD This offer is further conditional upon vendors Town Council passing the third and final reading of by-law 2950 which approves the conveyance of the industrial lands. Should this condition not be met before 11:59 pm on the 7th day of November, 2000 then this offer shall become null & void and the purchaser's deposit shall be returned to them in full without interest. 2. Amend legal description to read the southerly part of Part 3 Reference Plan 41R-3421 in the Town of Tillsonburg, County of Oxford being 6 acres of vacant industrial land zoned M2. 3. Amend the purchase price to be ONE HUNDRED FIFTY NINE THOUSAND DOLLARS (;159,000.00) This Counter Offer shall be irrevocable by the Vendor until the 25th --------- day of OCtgber _ _ _ _ _ _ , -2000 , after which time, if not accepted r by the Purchaser and a copy delivered to the Vendor or his agent, this Counter Offer shall be null and void and all deposit monies shall %e returned to the Purchaser without interest. If this Counter Offer is accepted by the Purchaser, the Vendor agrees, in consideration for his services in procuring the said Offer, to pay the Listing Broker on the date of completion the commission set out in the listing agreement, together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), which commission and taxes may be deducted from the deposit. The Vendor hereby irrevocably instructs his solicitor to pay directly to the Listing Broker the unpaid balance of the commission and such taxes from the proceeds of the sale prior to any paymerrt to the undersigned on completion, as advised by the Listing Broker to the solicitor. DATED at Ti1lSonbur _ _ this 24th _ _ _ day ofOctober 2000 SIGNED,SEALED AND a of: WIT�E9 ave rdo set my hand and seal: (rod • The bury _ _ _ _ _ DATE -- - -- ----- -- --- ---------- �l )---------- - - - - -- rP d e_ __bnotheTov_- Ilsonury___-- DATC� The undersigned Spouse of the Vendor hereby consents to the disposition evidenced here pursuant to the provisions of the Family Law Act, 1986. In consideration of the sum of One Dollar ($1 AO), the receipt of which from the Purchaser is hereby acknowledged, the undersigned Spouse of the Vendor hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. DATE - - - - - ---------(sp-as..-) ------------------ - - - - -- �i------------ APPROVED FAX No. _ _ _ _ _ APPROVED FAX No. _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - --(For dstiwry of nolioa to Vendor)- - - - - - - - - - - --(For dear-ry of ncfi to Purdrwer) The above Counter Offer of the Vendor to my Offer dated October 23. 2000 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ is hereby accepted. DATEDa1TillSo _ ________________this_day of October ----------- ,2000------ SIGNED,SEALED th ence of: IN WITNESS whereof I have hereunto set my hand and seal: (year) nuc. rreei ..s��— _ DATE - - - - - - - - - - - - - - - INrch-s_)- - - - - - DATE - ---- - - - - - - - - - - - - - - - - - - ----------------------------- (Purdroesr) (Seal) Penn No. 103 VENDOR SIGNING THIS FORM SHOULD NOT SIGN THE ORIGINAL OFFER 01/94 nin 0M. AGREEMENT OF PURCHASE ANDSALE [13 Ontario (FOR USE IN THE PROVINCE OF ONTARIO) REALTOW ;Seat Setate Ateotiation PURCHASER, Fleetwood -Metal --------------------------------------------- ----- Industries - - - - - - - - - - - - - - - - - - - - - - _ , agrees to purchase from - (Full legal names of all Purchasers) VENDOR, The Cor oration of the Town of Tillsonbur - _ _ _,the following ------P_--- -------------------------------------- - - (Full legal names of all Vendors) REAL PROPERTY: Address ClearvieW Drive_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _fronting on the_We- - _ - _ - _side of ClearVleW DI IVa -------- in the ------------------------- ----------------- ------ ------------------------------------- of being the northerly Sac. more or less bq a deptlrof being irregular _ _ _ _ _ _ _ more or less and legally described as and Inving a l, -- ------ - -- Pt of the Westerly Part -2 Ref Plan -3421 -in the Town of Tillsonburg,-County of Oxford,_being -_acres of vacant_ - - _ - _ industrial land zoned M2 1frontac�e and length may vary to accommodate the 5 acres to be conveyed) - (the "property'). -- ------------------- ----- (Legal description of land including easements not described elsewhere) PURCHASE PRICE: ONE HUNDRED AND THIRTY -TWO -THOUSAND ----- FIVE HUNDRED Dollars (CDN$ 132,500.00-------- ) ----------------------- DEPOSIT: Purchaser submits (upon acceptance_ - - _ ) FIVE TH_O_U_S_A_ ND _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Dollars (cDN$ 51000.00 _ _ _ ) �F{ery All 'Upon acceptance) cash or negotiable cheque payable to RO al LePage R.E. Wood -Realty to be held in trust pending completion or 9 q PY -y-----g-------------y --------------------- other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: Pay the balance of the purchase price, in cash or by certified cheque, subject to adjustments, to the Vendor on closing. This Offer is conditional upon the following: The purchaser's Board of Directors approving the acquisition of this site. Should this condition not be met within FOURTEEN (14) DAYS from the date of acceptance of this Offer by the Vendor(s), then this Offer shall become null and void and the Purchasell deposit returned to them in full without interest. The vendor agrees to allow the purchaser a First Right of Refusal on the vacant lands adjacent to the south being approximately 1.7 acres. The purchaser shall have 10 days from written notification from the vendor of an acceptable bonafied offer. The purchser must meet all terms of the acceptable offer and notify the vendor of its wish in writing to purchase the said lands, failing which the First Right of Refusal will be deemed null and void and the vendor shall be at liberty to accept the first offer to purchase. SCHEDULE(S)A ------------------ attached hereto form(s) part of this Agreement. 1 . CHATTELS INCLUDED: n/a - - - - - - - ---------------------------------------------------------------------- 2. FIXTURES EXCLUDED: n/a ----------------------------- 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: n/a ----------------------------------------------------- 4. IRREVOCABILITY: This Offer shall be irrevocable bypurChaser until 11:00 - - p.m. on the 24th _ _ _ day of October ---------- '-- - - TieM7erfFurchaser)_ (year) 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 24th day of November ------------ 2000. Upon completion,vocont possession of the property shall be given to the Purchaser unless otFerwise provided for in this Agreement. (year) 6. NOTICES: Vendor hereby appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Only 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 in the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No. (519) 842-9431 - - - - - - - - - - _ (For delivery of notices to vendor) FAX No. 1519)737-1690 - - - - - - - - - - - _ 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_ _ _ _ _ _ Tn_ _ - _ _ _ _ - _ the Purchase Price. duded in)in acrd i$on to) If this transaction is not subject to G.S.T., Vendor agrees to certify on or before closing, that the transaction is not subject to G.S.T. 8. TITLE SEARCH: Purchaser shall be allowed until 6:00 p.m. on the 17t_h _ _ - _ day of November ------------ _ 2�y00_0 _, (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 (vacant industrial land zoned M2 _ _ _ _ _ _ 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 providing 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 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 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 objection 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. OREA Standard Form: Do not alter when printing or reproducing the standard pre-set portion. Form No. 101 01/97 WIRL F011I Seo 02199 1 1. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or 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 it Purchoser 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 Populatre or Insurance Company and which is not to be assumed by Purchaser u com fpletion, 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, , 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 compfetion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property 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 b bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20, FAMILY LAW ACTT 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 sppouse 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 ureaformaldehyde, 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 added to this Agreement (including any Schedule attached hereto1 and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-setrovision 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 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. e2 DATED at Tiliso/ANLI _ _ this�9 day of October 2000 -----P -------------------'-------- SIGNED, SEALED E the encs of: IN WITNESS whereof I have hereunI t my hand and seal:Per_Fleetw_ n DATE ----( ) -------------------Purchaser-- (witnss(-------------- (-P-rch-as-er)------------- --------------- ;Scot, ---- ------- ---- -- DATE I, the Undersigned Vendor, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance offing commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Listing Broker to my lawyer. DATED at Tillsonbur this da of October _ _ _ 2000 ------------------------------------ ------------- y -------- -- SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (year) SPOUSAL CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O. 1990, and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. --- - - - - - - - - - - - - - - - - - - - - - -- DATE (Witness) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Spouse) ;SeoB ----- -- ---- ---- - - 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_ _ _ _ _ (year) (Signature of Vendor or Purchaser) CONFIRMATION OF REPRESENTATION I hereby acknowledge and confir Listing Broker represents the interests of the I hereby acknowledge and confirm the Co-operating Broker represents the interests Vendor in this transaction. of the in this transaction - - - Nen3o�/Dendor rc )- - - - - - - - (Vandor7Purc%aaer)- - - - - - Richard E. Wood I S16natureofTiafln 6rleroraUthrl CTrepres at _- ---- -- --- ____ _________________- $ignature of�o-operating Broker or authonzedrapreasnfa}Tve Name of Listing Broker: Royal LePage R.E.-Wood-Realty ....... Name of Co-operating Broker: ( 519 )842-8418 ( 519 )842-4172 I ---------------------XN-------- Tel. No. - FAX No. TsI.No. FAX No. ACKNOWLEDGEMENT go re my signed copy of this accepted Agreeme urchase and al an on orward a copy tc my lawy r _ _ _DATE ------------------------ DATE (Vendor) -----'--------- Address for Service; 200 Broadway, -2nd -floor Tillsonburg ON N4G 5A7_ - _ _ _ - - - - (519 ) 842- -------- _ - -6428 R"v� Vendor's Lawyer 1 Address -------------------------------------- (----)----------------- ( --- ---------------- Tel. No. FAX No. 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. / r chaser) ----DATE_Q�� L!� - -- -------------- ----- - - - - -- DATE (Purchaser( - - - - - - - - - - - Address for Service: 1885 Black Acre Drive Windsor ON -NOR -1 -Lo ____________ ____ I.No.(519 )737-1919 Purchaser's Lawyer _!u+'"`y`'----------------- Address ( - - - -)----------------(---- -- -- ------------- Tel. No. FAX No. COMMISSION TRUST AGREEMENT To: Co-operating Broker shown on the foregoing Agreement of Purchase and Sale: In consideration for the Co -Operating Broker procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all moneys received or receivable by me in connection with the Transaction as contemplated in the ML5 Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement shall constitute a Commission Trust Agreement as defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sale. Acknowledged by: ------------------------------------ �nature o{ Listing Broker or authorized raoresentalive - - - - - 117 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ____________________________- The Corporation ofthe Town ofTillsonburg_ - - DATE_____ (Peer: - (W'itnesa) Vendor iseoli - - - - _________ Per: The Corp oration of the Town of DATE _ (Witness) (Vendor) iseal� - - - - - - - - - - - - - - - - - SPOUSAL CONSENT: The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O. 1990, and hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. --- - - - - - - - - - - - - - - - - - - - - - -- DATE (Witness) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Spouse) ;SeoB ----- -- ---- ---- - - 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_ _ _ _ _ (year) (Signature of Vendor or Purchaser) CONFIRMATION OF REPRESENTATION I hereby acknowledge and confir Listing Broker represents the interests of the I hereby acknowledge and confirm the Co-operating Broker represents the interests Vendor in this transaction. of the in this transaction - - - Nen3o�/Dendor rc )- - - - - - - - (Vandor7Purc%aaer)- - - - - - Richard E. Wood I S16natureofTiafln 6rleroraUthrl CTrepres at _- ---- -- --- ____ _________________- $ignature of�o-operating Broker or authonzedrapreasnfa}Tve Name of Listing Broker: Royal LePage R.E.-Wood-Realty ....... Name of Co-operating Broker: ( 519 )842-8418 ( 519 )842-4172 I ---------------------XN-------- Tel. No. - FAX No. TsI.No. FAX No. ACKNOWLEDGEMENT go re my signed copy of this accepted Agreeme urchase and al an on orward a copy tc my lawy r _ _ _DATE ------------------------ DATE (Vendor) -----'--------- Address for Service; 200 Broadway, -2nd -floor Tillsonburg ON N4G 5A7_ - _ _ _ - - - - (519 ) 842- -------- _ - -6428 R"v� Vendor's Lawyer 1 Address -------------------------------------- (----)----------------- ( --- ---------------- Tel. No. FAX No. 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. / r chaser) ----DATE_Q�� L!� - -- -------------- ----- - - - - -- DATE (Purchaser( - - - - - - - - - - - Address for Service: 1885 Black Acre Drive Windsor ON -NOR -1 -Lo ____________ ____ I.No.(519 )737-1919 Purchaser's Lawyer _!u+'"`y`'----------------- Address ( - - - -)----------------(---- -- -- ------------- Tel. No. FAX No. COMMISSION TRUST AGREEMENT To: Co-operating Broker shown on the foregoing Agreement of Purchase and Sale: In consideration for the Co -Operating Broker procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all moneys received or receivable by me in connection with the Transaction as contemplated in the ML5 Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement shall constitute a Commission Trust Agreement as defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sale. Acknowledged by: ------------------------------------ �nature o{ Listing Broker or authorized raoresentalive - - - - - 117 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "Schedule All Agreement of Purchase and Sale between the Corporation of the Town of Tillsonburg "vendor" and Fleetwood Metal Industries "purchaser" Re: VanNorman Industrial Park To maintain the high standards set by the Town of Tillsonburg in establishing VanNorman Industrial Park, the remaining vacant lands are being offered for sale under the terms set out herein. These terms will ensure a pleasant, park -like setting incorporating well kept, landscaped areas with attractive, properly set back building. Lot coverage will be controlled to provide adequate parking facilities and room for reasonable expansion related to the purchaser's type of industry. The park offers good railroad accesses, water and sanitary are available. The requirements governing all sales are set out to provide prospective purchasers, as well as existing industries with maximum protection of their investments and to create an attractive, well planned and pollution free industrial park which will be a source of pride to them and to the community. For the purpose of these conditions, the following definitions will apply: The Town: The Corporation of the Town of Tillsonburg The Council: Municipal Council of the Town of Tillsonburg The Park: VanNorman Industrial Park CONDITIONS• 1. All sales of industrial land are subject to all applicable zoning by-laws and any other regulatory conditions made by the Town. 2. In all sales, the Town and the Council will exercise discretion as to the type and quality which will be permitted to locate in the park. 3. Minimum lot coverage will be 4,000 square feet of building per acre, with minimum setbacks from all property lines as specified by the Town's applicable by-laws. Landscaped areas which are established in excess of the minimum setbacks designated may be exempt from minimum lot coverage requirements with the consent of Council and the Town. The Town and the Council may exercise flexibility in certain circumstances where the type of industry proposed requires changes or amendments in lot coverage requirements. Requests for such consideration must be made in writing to the Town and Council. 4. The sale price will be $26,500 per acre for municipality owned industrial land serviced by water and sanitary sewers. Connection charges for water and sewers from the main to the property line, will be the responsibility of the purchaser. The cost of storm sewers if or when installed, will be assessed proportionately on an acreage to each industry located in the park. 5. In addition to the above per acreage charge for land, there will be certain additional charges made by the Town for water and electrical service. These costs are variable depending on size and location of property and type of service required that can be obtained from the Town. 6. The purchaser will be required to submit for approval by the Town, the following: (a) site plan (b) floor plan (c) elevations (d) proposed exterior materials (e) plan of landscaped area 4 7. The purchaser will be required to begin construction within six months of the date of purchase. Should additional time be required, such extension must be requested in writing by the purchaser and will be approved at the discretion of the Town and the Council 8. The purchaser will be subject to the regulations of the Town, Province of Ontario and the Ministry of the Environment, governing the discharge of wastes and effluents into municipal sanitary sewers and rivers and will provide the necessary environmental protection and be liable for the cost of any pretreatment which may be required to comply with the said regulations. 9. The purchaser will be required to landscape and maintain his land to present the intended park -like appearance. Should he neglect to cut the grass and weeds and generally maintain the appearance of his property and any adjacent lands under option to him, the Town reserves the right to do the necessary work and any costs thus incurred will be charged to the purchaser. 10. Outside storage areas must be screened off in a manner acceptable to the Town and the Council. 11. Should the purchaser fail to comply with any applicable condition, by-law or regulation as set out herein, the Town may regain the lands at any time prior to the start of construction by repayment of 90% of the monies paid toward the purchase price of the land. 12. All original agreements and covenants will remain in effect and binding on subsequent purchasers or leases of buildings, lands or portions thereof, and such sales must be approved by the Town where the nature of the intended industry is other than that established by the original purchaser. 13. The purchaser in the event that the building constructed be of a rental nature will be required to submit for the Town and Council approval and tenancy. Tenants must be manufacturing -oriented for acceptance. 14. The within conditions of sale shall continue to be binding on both of the parties hereto and shall not merge on completion of the transactions but shall remain binding on both of the parties. Purchaser — Fleetwood Metal Industries Vendor - The Corporation of the Town of Tillsonburg