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! <br />! <br />! <br />I <br /> <br />! <br />! <br /> <br />! <br />! <br />! <br />! <br />! <br /> <br />BETWEEN <br /> <br />THIS AGREEMENT made in triplicate this 7th day of May, A.D. 1996. <br /> <br />THE CORPORATION OF THE COUNTY OF ESSEX <br />hereinafter called the "ESSEX" of the first part: <br /> <br />- AND - <br /> <br />JAMES KALMAN CHORTOS AND <br />ROBERT PAUL CHORTOS <br />~ereinafter called the "CHORTOS" of the second part; <br /> <br /> WHEREAS, by Offer to Purchase (the "Agreement") dated March 28, 1991 and <br />accepted on March 30, 1991, Essex agreed to purchase and the Chortos agreed to sell, the <br />southwest quarter of Lot 16, Concession 7, of the Township of Colchester North, in the County <br />of Essex (the "Lands"). <br /> <br /> NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration <br />of the premises and the covenants hereinafter contained, the Parties hereto, in consideration of <br />the closing of the sale by Chortos to Essex pursuant to the Agreement, hereby agree as follows: <br />1. THAT the Agreement constitutes a legal, valid and binding obligation for the sale <br />and purchase of the Lands enforceable against each of Chortos and Essex in accordance with its <br />terms. <br /> <br />2. THAT Chortos and Essex agree that the date for closing the sale and purchase of <br />the Lands pursuant to the Agreement shall be Monday, May 13, 1996, at 3 p.m., at the Land <br />Registry Office for Essex and that time shall be of the essence. Adjustment for taxes shall be <br />made as of April 19, 1996. <br /> <br />3. THAT in the event that Essex finds that the Lands are no longer required for its <br />purposes as part of its regional landfill site to be operated by the Essex-Windsor Solid Waste <br />Authority, Essex shall give Chortos the first chance to repurchase the Lands for the purchase <br />price it paid Chortos for the Lands pursuant to the Agreement. The provisions of this paragraph <br />3 shall be null and void and no longer of any force or effect once all or part of the Lands are <br />used for the purposes of the regional landfill. <br /> <br />Continued... <br /> <br /> <br />