Sale of Property
麻豆原创 Essex County District School Board (the 鈥�Board鈥�)
Offers to purchase ("Offers") the Board owned property (the "Property") known as Prince Andrew Public School, 1950 Kelly Road, LaSalle, Ontario N9A 6Z6, will be received at 451 Park St West, Windsor ON N9A 5V4 Attention: Shelley Armstrong, in a sealed envelope, up to 2:00 p.m. (Eastern Standard Time ("EST")) (the "Closing Time"), on November 22, 2024 (the "Closing Date").
A solar facility has been constructed on the roof of the building on the Property further to a rooftop license agreement, as amended (the 鈥�Contract鈥�). Copies of the documents constituting the Contract are available to the solicitors for a party who wishes to submit an Offer. If this is the case, please have your solicitors submit their request to Scott Spindler at [email protected]. Receipt of the Contract will be subject to the recipient agreeing to maintain the confidentiality of its terms. The form of Offer which the Board requires offerors to submit contains a condition to closing in favour of the Board which provides that the successful offeror shall have, on or prior to closing, negotiated and agreed to the assignment and assumption of the Board鈥檚 rights and obligations under the Contract to and by the successful offeror.
1.0 Information for Bidders
1.1 Offers received after the Closing Time will not be considered and will be returned unopened (unless the address of the offeror does not appear upon the outside of the envelope, in which case the Board will open the envelope for purposes of determining the address of the offeror).
1.2 An offeror who has already submitted an Offer may submit a further Offer at any time up to Closing Time. The last Offer received shall supersede and invalidate all Offers previously submitted by that offeror.
1.3 There will be no public opening of the Offers received. Information concerning the Offers received will not be published by the Board.
1.4 The Board shall have complete discretion as to whether to accept or reject any or all Offers for whatever reasons it may, in its absolute discretion, consider appropriate. The Board has a statutory obligation to sell the Property at fair market value. Among other considerations, the Board will consider the offers it receives in relation to such obligation. The Board reserves the right to negotiate with any offeror and, in the event negotiations with that offeror fail, the Board reserves the right to approach and negotiate with any other offeror.
1.5 Set out below, under the heading "Related Files", is a link to the form of Offer which the Board requires offerors to submit in the event they are interested in the Property.
1.6 Also set out below are links to additional information regarding the Property, namely a Designated Substances Management Plan for the Property and a Property Fact Sheet. Offerors are advised that no representations or warranties, whatsoever, are made by the Board as to the accuracy or completeness of any such information. It is the responsibility of each offeror to satisfy itself as to the condition of the Property and all other aspects thereof. The Board had previously made available an Asset Condition Assessment regarding the Property which had been commissioned by the Ministry of Education. Certain of the information contained in that assessment was inaccurate. The assessment indicated that the Property is serviced by sanitary waste piping system with gravity discharge to the city main. That information is incorrect. In fact, the Property鈥檚 sanitary waste systems are comprised of two (2) septic systems. Interested parties should not rely on any of the information contained in the previously shared Asset Condition Assessment.
1.7 Questions concerning the Property must be submitted . Questions received and the Board's responses may be published on the Board's website, prior to the Closing Time; provided that, the Board reserves the right to: decline to respond to any question received; not publish any question received; and/or paraphrase or edit any question received, in its complete discretion. Questions received after 5:00 p.m. (EST) on November 19, 2024 will not be published and will not be responded to. No responses will be published after 12:00 noon (EST) on November 20, 2024.
1.8 Any offeror who contacts or attempts to contact Board personnel or Trustees concerning the Property (other than in the manner specified in section 2.6 hereof), prior to the Closing Time, may be excluded from the sale process and their Offer may be rejected.
1.9 THE ACCEPTANCE OF AN OFFER IS SUBJECT TO THE APPROVAL OF THE BOARD'S TRUSTEES.
1.10 The building(s) located on the Property will be available for viewing on November 7, 2024 at 9:00 a.m. or 11:00 a.m. The building(s) shall not otherwise be made available for viewing by interested offerors prior to the Closing Time and interested offerors should not attempt to contact the Board for such purposes. It is the responsibility of each offeror to satisfy itself as to the condition of the Property and all other aspects thereof. No claim shall be allowed at any time after submission of an Offer that there was any misunderstanding of the terms and conditions of this tender. Failure to make the necessary examinations or investigations shall not be accepted: as an excuse for any default on the part of the Offer to fulfil in every detail all the requirements of this tender and their Offer; or, as a basis for any claims whatsoever for an extension of time in any circumstance.
2.0 Requirements at Time of Closing
2.1 CONTENTS OF SUBMISSION
IN ORDER TO BE CONSIDERED, OFFERS MUST BE SUBMITTED AS FOLLOWS:
2.2 Hand delivered in a sealed envelope to 451 Park Street West, Windsor ON Attention: Shelley Armstrong on a weekday (which is not a civic or statutory holiday), between 8:30 a.m. and 12:00 noon (EST) or between 1:00 p.m. and 4:30 p.m. (EST); and, in any case, prior to the Closing Time. The name and address of the offeror should appear on the outside of the envelope containing the Offer. Offerors are required to submit two fully executed copies of their Offer, in the form of Offer provided below under the heading "Related Files". Variation of the terms contained in the Board's prescribed form of Offer, in the first instance, may result in the rejection of that Offer. For purposes of certainty, neither facsimiles nor photocopies of Offers will be accepted or considered. Furthermore, offerors who choose to use a courier service for purposes of delivering their Offer, do so at their own risk
2.3 While it is understood that Offerors may want to attach conditions to any Offer they may submit, it is anticipated by the Board that the form of Offer itself will not be amended and that any such conditions would be attached by way of schedule(s) to the Offer.
2.4 If an offer is accepted, the purchaser will be required to provide a deposit within ten days of acceptance by wire transfer to Harrison Pensa LLP, otherwise the offer will be null and void.
3.0 Other
3.1 REAL ESTATE COMMISSIONS
The Board will not pay any commissions to any real estate agents in connection with the sale of the Property. To the extent that an offeror has retained the services of a real estate agent for purposes of submitting an Offer, any amount alleged to be owed to such agent shall be the sole responsibility and liability of such offeror.
3.2 ZONING AND OFFICIAL PLAN
Offerors are responsible for satisfying themselves as to the zoning and permitted uses of the Property. The Board makes no representations or warranties with respect to same.
4.0 Frequently Asked Questions
What is the Property 鈥渮oned鈥�?
It is the responsibility of interested parties to conduct such investigations as they consider appropriate regarding the Property, including any applicable by-laws, zoning and heritage designations and the implications thereof. The Board will not provide any representations or warranties with respect to same.
Is a survey of the Property available?
If available, a survey of the property will be made available to the successful offeror, without representation or warranty as to the accuracy thereof.
Are chattels included?
All chattels are excluded, whether seen on the tour of the property or not.
When will I know if my offer was accepted?
The Board will notify the successful offeror of the Board鈥檚 acceptance of its offer should the Board choose to accept one of the Offers received. At such time as the successful offeror provides its deposit (as contemplated in the attached form of Offer), the Board will then notify those parties whose offers were not accepted that their offer was not accepted.
Related Files
Designated Substances Management Plan
8869494_5