Sale of Property
黄色直播 (the 鈥�Board鈥�)
Offers to purchase ("Offers") the Board owned property (the "Property") known as Western Secondary School, 5791 North Townline Road, Amherstburg, ON N9V 2Y9, 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").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 Information concerning the Offers received will not be published by the Board.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 Report 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.
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 8, 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.
Can you please tell me the cost of the former Western Secondary site?
We assume the question is meant to ask whether there is an 鈥渁sking price鈥�, as opposed to what the historical cost of the property is. There is no asking price. The Board will review the offers received and consider what may be the most attractive offer, if any.
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.
Are chattels included?
All chattels are excluded, whether seen on the tour of the property or not.
Requests for detailed information regarding the property have been received.
The property is being sold on an as is where is basis. The information the Board is prepared to share regarding the property has been shared under 鈥淩elated Files鈥�.