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AMENDED JAN. 1993 <br /> <br /> OFFER TO PURCHASE <br />AGREEMENT OF PURCHASE AND SALE <br /> <br />DYE & DURH~NI C~3 INC <br /> Form No. 116 <br /> <br /> THE OORPORATION OF THE OOUNTY OF ESSEX <br /> ............................................................................. ("Purchaser") <br />having inspected the property, hereby agree to and with ....... ~)'~. ~. <br /> <br /> ................................................................................................................................ ("Vendor"), <br /> <br /> to purchase all and singular the prem,ses situate on the .... ~$~ .......... side of .... ~ ~01.~ .Sideroad ......................... <br /> r Township Colchester North, .Count~ of Essex <br /> in ne ..... . .................... of ......................................................... <br /> <br />~ ...... being, vacant., land. <br /> ..................................................................... (herein ca~led the "Property") <br /> <br /> Part of 12 <br /> being ................................. Lot No .....................~4~O~X...Concession.. 7.,. cc~posed, of.. 105. Acres <br /> Registered in the ~nO Regist~ Off ce . for the..County, of. Essex <br /> at the price or sum ("Purchase Price") of ...0~ H~...R~D.. ~d SIXTY THOUSAND <br /> .................................................. Dollars ($..!60., 0.00., 00.) <br /> as to,ows: ON~ rZTIOUSA.ND <br /> .......................................................................................... :W~-~7?7~. Dollars ($.. !.x 0.00700 .... ) <br /> cash or certified cheque to the said Agent/Vendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement, and to be credited <br /> on account of Purchase Price on closing, and covenant, promise and agree to ~:~ ~t3e b~'lc:~noe o~ ~ ~t. lrc~ ~rioe on <br /> closing subject to tt~ usual adjustrrents, by cash or certified cheque. <br /> <br /> The provisions of Schedule "A" annexed hereto, are incorporated in and made a part of <br /> this Agreement of Purchase and Sale. <br /> <br />The Purchase Pdce does not include Goods and Services Tax ("G.S.T.") and,. if this transaction is subject to G.S.T., then applicable G.S.T. shall be in addition tothe Pur- <br />chase Price. All G.S.T. shall be collected and remitted as required by law. If this transaction is subject to G.S.T. but the Vendor is not required to collect or remit G.S.T., <br />the Purchaser agrees to provide on or before closing to the Vendor or Vendor's Solicitor a wr tten certificate in a form reasonably satisfactory to the Vendor or Vendor's <br />Solicitor to the effect that the Vendor is not required to collect or remit the G.S.T. and shall provide the Vendor with the Purchaser's G.S.T. registration number, if applicable, <br />failing which the applicable G.S.T. shall be paid to the Vendor on closing. If this transaction is not subject to G.S.T., the Vendor agrees to provide on or before closing <br />to the Purchaser or Purchaser's Solicitor a written certificate in a form reasonably satisfactory to the Purchaser or Purchaser's Solicitor certifying that the transaction is <br />not subject to G.S.T. <br /> <br />The Vendor represents and warrants that during the period of his or her occupancy of the Property and, to the best of his or her knowledge, prior thereto, no building on <br />the Property has been insulated with urea formaldehyde foam insulation. This warranty shall survive completion of tl~3 transaction. <br /> <br />All fixtures shall remain with the Property, except: N/A <br /> <br />and the following chattels, the property of the Vendor, shall be included in this sale for the price above-mentioned: N/A <br /> <br />This Offer shall be irrevocable by the Purchaser until .4 =.30.. P.M. on the ............... day of ......................... 1996.. a.er which <br />t me, f not accepted, this Offer sba be nu and Vd d and the depos t returned to the Purchaser without interest or deduction. <br /> <br />PROVIDED the title is good and free from all encumbrances, except as aforesa d, and except local rates and minor easements for hydro gas, telephone or like services <br />to the Property; said title to be examined by the Purchaser at his or her own expense, and the Purchaser not to ca I for the procluction of any title deed, abstract of title, <br />survey, proof or evidence of title, other than those in Vendor's possession or under his or her control; and provided the same have been complied with, the Purchaser to <br />accept the Property subject to Municipal requirements, including building and zoning by-taws, minor easements as above-mentioned, and to restrictions and covenants that <br />run with the land. <br /> <br />The Purchaser to be allowed, u~nt.i.!..C~gS.'.. ~ to investigate the title at his or her own expense, and if within that <br />time he or she shall fumish the Vendor in writing with any valid objection to the title, or to any outstanding Municipal work orders or deficiency notices affecting the Property, <br />or non-compliance with zoning by-laws, or that the present use of the property may not be lawfully continued, or that the bud rigs on the Property may not be insured against <br />dsk of fire, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate <br />acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction and the Vendor and the Agent shall not be liable for <br />any costs or damages. Save as to any valid objection so made w th n such time, the Purchaser shall be conclusively deemed to have accepted the tit~e of the Vendor to the Property. <br /> <br />The Vendor hereby consents to the muni,cipality releasi~ng to the Pgrchaser detail..s of a,J.I outstangingMunicipal w._ork orders or defi~enc.,.v notices affecting the ProPerty. <br /> %/ithin 10 aays of removal o~ cc~cti~:ions o~ paragraph .~ o~ Scrzedule "A"" <br />This Agreement shall be completed/P, .... on which date vacant possession o~ the <br />Property is to be given to the Purchaser unless otherwise provided for herein. <br /> <br />(over) <br /> <br /> <br />