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I I I I I I I I AMENDED JAN. 1993 OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE DYE & DURHAM CQ INC Form NO. 116 THE CORPORATION OF THE COUNTY OF ESSEX .............................................................................................................................. ("Purchaser") . ALFONS BROCKMAN and EDNA BROCKMAN having inspected the property, hereby agree to ano with ............................................................................................ ................................................................................................................................. ("Vendor"), to purchase all and singular the premises situate on the .... NQr~'~ ........ side of ..... ES~. C!~u~t~. R(~9-d.. #18 ........................... ,n the... ~ownsh. ip.. Qf..Co!~h~te~r..NQr~, ........ cQunty, of... E~se~x ....................................................... ae~a~ac~ .. beL, ng .vacant .land ......................................................................... (herein called the "Property") being ... Pc~-~t..O~: ................... Lot No... 3,7 .............. ~... Concession, 3,. comf:x:)sed .of .50. acres more or less Registered in the Land Registry Office .... fOr. t!~e. C~t.~. of .ES~ ................................................................... at the price or sum ("Purchase Price") of .... (~E. HT,~D!:~D. ~TD..F~. r~U~..~... ....................... Dollars ($. 1,1..~ v 000.00.. ) as follows: .. QN'~.~TTT~'TT~"~'~.T~ .............................................................................. ~'Dollars ($. ~.. 00 ........... ) cash or certified cheque to the said AgentJVendor on this date as a deposit to be held in trust pending completion or other termination of this Agreement, and to be credited on account of Purchase Price on closing, and covenant, promise and agree to p~.y t~e ]2k=J. lance of ~ pu~chse price on closing subject to the usual adjustments, by cash or certified cheque. The provisions of Schedule "A" annexed hereto, are incorporated in and made a part of this Agreement of Purchase and Sale. The purchaser agrees to pay the legal fees and disbursements of the vendor up to the sum of $1,000.00. The Purchase Price 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 to the Pur- 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., the Purchaser agrees to provide on or before closing to the Vendor or Vendor's Solicitor a written certificate in a form reasonably satisfactory to the Vendor or Vendor's 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, 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 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 not subject to G.S.T. 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 the Property has been insulated with urea formaldehyde foam insulation. This warranty shall survive completion of this transaction. All fixtures shall remain with the Property, except: N/A and the following chattels, the property, of the Vendor, shall be included in this sale for the price above-mentioned: N/A This Offer shall be irrevocable by the Purchaser until. ................................... 4 -' 30p M on the ........................... day of .. 19 9.7. after which time, if not accepted, this Offer shall be null and void and the deposit returned to the Purchaser without interest or deduction. PROVIDED the title is good and free from all encumbrances, except as aforesaid, and except local rates and minor easements for hydro, gas, telephone or like services to the Property; said title to be examined by the Purchaser at his or her own expense, and the Purchaser not to call for the production of any title deed, abstract of title, 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 accept the Property subject to Municipal requirements, including building and zoning by-laws, minor easements as above-mentioned, and to restrictions and covenants that run with the land. The Purchaser to be allowed. ~'1~'!~..C.!~D~'~ to investigate the title at his or her own expense, and if within that time he or she shall furnish the Vendor in writing with any valid objection to the title, or to any outstanding Municipal work orders or deficiency notices affecting the Property, or non-compliance with zoning by-laws, or that the present use of the property may not be lawfully continued, or that the buildings on the Property may not be insured against risk 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 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 any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. The Vendor hereby consents to the municipality releasing to the Purchaser details of all outstanding Municipal work order§ or.~eficie..ncy..nqtice~, af~ectin~.th~ Property. within 10 days of removal of conditions o~' paragrapn ~ oz ~cne~ume A This Agreement shall be completed/(:~ .... on which date vacant possession of the Property is to be given to the Purchaser unless otherwise provided for herein. (over)