ENVIRONMENTAL STATUS
The Vendor has conducted on site environmental work. Upon prospective purchasers executing a
Confidentiality Agreement, the Vendor will provide access to a “Confidential Data Room”, which will contain,
among other documents, relevant environmental reports and the Vendor’s standard form Offer to Purchase
(OTP). The material provided in the Data Room is for information only, and the Vendor makes no warranties
or representations regarding the accuracy of the information. Accordingly, the Purchaser will been courage to
review these reports and the OTP (including the schedules attached to the OTP) prior to submitting a Letter
of Intent. The property will be sold as an “as is, where is” basis*. The Vendor will not be completing any further
environmental assessment work or providing a remediation certificate for the property prior to closing.
OFFERING PROCESS
The Vendor, Imperial Oil Limited (Imperial), will consider submission of EOI’s on Imperial’s standard form,
a copy of which will be provided to qualified Purchasers. Interested parties shall submit the EOI on terms
wherein the Purchaser agrees to engage their own environmental consultant to review and provide a remedial
cost estimate, and including proposed site use post-closing, submitting an EOI knowing the full extent of
estimated remediation costs. It is expected that remediation costs will exceed tax assessed value of the
Property. Subject to review by the Vendor, and if terms are deemed acceptable for recommendation to senior
management, the Vendor will then instruct their counsel to prepare a formal OTP.
Alternatively, in certain circumstances the Vendor may consider and will need to complete additional site
assessment work, and/ or develop a suitable Risk Management Plan, which may be beneficial and to be
adhered to by the Purchaser post-closing of a transaction; depending on the site, these requirements may
take up to 12 months from submission of an EOI/execution of OTP.
The Vendor may add to the OTP a Vendor’s Condition for such a RMP, to be waived upon completion/approval
of the RMP; this RMP approval will then commence the Purchaser’s Due Diligence Condition, relating to the
then current site status and any constraints to be imposed by the Vendor post-closing of the transaction.
Any costs incurred by a Purchaser (environmental reviews, legal, etc) are borne solely by the Purchaser and
at the sole risk of the Purchaser. The Vendor will file a Restrictive Covenant upon closing, restricting future
petroleum uses on site.
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