NOTICE OF SALE SALE No. «COLLECTIVE» NOTICE OF SALE SALE No. 039317 Sale of Houses in the RM of Alexander (House only, no Land or Foundation) Manitoba Hydro offers for sale, 6 houses as listed on the attached sheets and on the terms and conditions described herein. Offers must be submitted on the "Offer to Purchase" form (attached) and on the Terms and Conditions of Sale therein. Viewing Location: 38, 42, 48, 52, 54 and 60 Lamoureaux Lane. 0.5 km north of intersection PTH 11 and PR 305 on PR 305, over Pine Falls Dam, first left (west) on Lamoureaux Lane, Rural Municipality of Alexander, Manitoba. For viewing and technical information contact Mr. Marc Wankling, Winnipeg, Manitoba Telephone 204-360-4462, Cellular 204-792-8412 and e-mail address is MWankling@hydro.mb.ca. Viewing times are limited to: Friday May 1, 2015 from: 11:00 a.m. To 4:00 p.m. (NO EXCEPTIONS). For any other information regarding this sale contact Mr. Marlon Watts, Purchasing Department, telephone 204-360-4630, Fax 204-360-6130 and e-mail address is mwatts@hydro.mb.ca. Manitoba Hydro reserves the right to accept or to reject any or all offers, and the highest offer will not necessarily be accepted. Further, Manitoba Hydro reserves the right to withdraw any Item prior to acceptance of an offer for same, regardless of whether the time for receipt of offers has closed and regardless if an offer has been made. G.J. McNeill Manager Purchasing Department Winnipeg, Manitoba NOTICE OF SALE SALE No. «COLLECTIVE» MANITOBA HYDRO SALE No. 039317 Sale of Houses in the RM of Alexander (House only, no Land or Foundation) Manitoba Hydro offers for sale the following Houses on the terms and conditions stated herein. ITEM No. DESCRIPTION QTY. 1 ***House located at #38 Lamoureux Lane, in the R.M. of Alexander 1 House -Year Built: 1960 - Size: 864 Square feet 2 ***House located at #40 Lamoureux Lane, in the R.M. of Alexander 1 House -Year Built: 1998 - Size: 1,651 Square feet 3 ***House located at #48 Lamoureux Lane, in the R.M. of Alexander 1 House -Year Built: 1984 - Size: 1,066 Square feet 4 ***House located at #52 Lamoureux Lane, in the R.M. of Alexander 1 House -Year Built: 1997 - Size: 1,262 Square feet 5 ***House located at #54 Lamoureux Lane, in the R.M. of Alexander 1 House -Year Built: 1987 - Size: 1,530 Square feet 6 ***House located at #60 Lamoureux Lane, in the R.M. of Alexander 1 House -Year Built: 1984 - Size: 1,776 Square feet NOTICE OF SALE SALE No. «COLLECTIVE» NOTE: Offers must be submitted on the “OFFER TO PURCHASE” form and on the Terms and Conditions of Sale therein. FAILURE TO COMPLETE THIS FORM CORRECTLY MAY INVALIDATE YOUR OFFER. CLOSING DATE: Offers will be received until 16:00 hours, Manitoba local time, May 15, 2015, at Manitoba Hydro, PURCHASING DEPARTMENT, as follows: If hand delivered: Enclosed in a sealed package plainly marked "SALE No. 039317", and name of submitting company or individual affixed to the outside and delivered to MAILROOM - Ground Floor 360 Portage Ave, Winnipeg MB R3C 0G8. If mailed: Enclosed in a sealed package plainly marked "SALE No. 039317", and name of submitting company or individual affixed to the outside, mailed to PO Box 815 STN MAIN, Winnipeg, Manitoba R3C 2P4. If faxed: Fax to the Manitoba Hydro Purchasing Department at fax number 1-204-360-6130. All offers are irrevocable and open for acceptance by Manitoba Hydro for a period of 30 days after the final time and date for receipt of offers. OFFER TO PURCHASE SALE No. «COLLECTIVE» Page 1 of 5 OFFER TO PURCHASE MANITOBA HYDRO Sale of Houses in the RM of Alexander (House only, no Land or Foundation) SALE No. 039317 I/We (hereinafter the “Purchaser”) hereby offer to purchase the goods and materials described below (hereinafter the "Goods") at the price(s), and on the Terms and Conditions of Sale, set forth below. TERMS AND CONDITIONS OF SALE 1. All offers must be stated in Canadian Funds. 2. All offers are irrevocable and open for acceptance by Manitoba Hydro for a period of 30 days after the final time and date for receipt of offers. 3. Manitoba Hydro may accept an offer(s), if any, verbally including via telephone, electronically via email or fax, or in writing via regular mail. Notice of such acceptance will be communicated to a Purchaser at the telephone number, email address, fax number, or mailing address indicated on the offer. Notice shall be deemed effectually given and received when, if made verbally when so given, if made by fax when sent addressed to the Purchaser’s fax number, if made via email when sent addressed to the Purchaser’s email address, and if made via regular mail when posted. 4. The full purchase price plus applicable taxes must be paid by cheque (payable to Manitoba Hydro) and received by Manitoba Hydro not later than seven (7) days after acceptance of an offer. 5. Payments must be delivered to: Manitoba Hydro Purchasing Department PO Box 815 STN MAIN Winnipeg MB R3C 2P4 Or hand delivered to the Mailroom, Ground Floor – 360 Portage Avenue, R3C 0G8 6. The Goods are sold on an "AS IS - WHERE IS" basis; and shall be removed "AS IS WHERE IS" from site. It is understood and agreed that no representation, warranty, collateral agreement, promise, undertaking, guarantee or condition affecting this agreement or the Goods has been made by Manitoba Hydro or its agents, other than as expressed herein in writing. 7. 8. 9. OFFER TO PURCHASE SALE No. «COLLECTIVE» Page 2 of 5 The Purchaser shall be responsible for the loading, removal and shipping of the Goods, and all related costs. Removal is to be completed NO LATER THAN November 30, 2015. The Purchaser can arrange for removal of the Goods after payment for same has been made in full. To arrange a removal time, the Purchaser shall contact: Mr. Marc Wankling at Telephone: 204-3604462, Cellular: 204-792-8412 and e-mail address is MWankling@hydro.mb.ca. Title in and to the Goods, and all risk of loss and damage to the Goods, shall transfer from Manitoba Hydro to the Purchaser when the Goods have been fully paid for. 10. Subject to the terms hereof, the Goods shall be removed to the satisfaction of Manitoba Hydro. 11. If the Purchaser is in default of any of its obligations hereunder, including without limitation: (a) the Purchaser has not paid for the Goods in full as required herein; or (b) the Purchaser has not, regardless of reason or cause and regardless whether title has transferred to the Purchaser, removed the Goods as required herein on or before Date of removal, Manitoba Hydro may immediately and without notice to the Purchaser terminate any agreement of purchase and sale and pursue its remedies, including without limitation, if the purchase price has been paid, retain the purchase price as its own property without prejudice to any other rights or remedies it may have by virtue of the Purchaser’s default. 12. The Purchaser is responsible for securing its own insurance. 13. All sales are subject to 5% Goods and Services Tax. Purchases will be subject to 7% Manitoba Sales Tax unless an applicable Manitoba Sales Tax Number is provided. 14. The Purchaser shall be responsible for any damage caused to Manitoba Hydro property by the Purchaser or those for whom it is legally responsible. 15. REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY) OR UNDER ANY OTHER LEGAL THEORY, MANITOBA HYDRO SHALL NOT BE LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY INJURIES SUFFERED BY OR THE DEATH OF ANY PERSON OR FOR ANY LOSS OF OR DAMAGE TO ANY PROPERTY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INJURIES, DEATH, LOSSES OR DAMAGES ARISING OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BREACH OF CONTRACT OF MANITOBA HYDRO OR THOSE FOR WHOM IT IS LEGALLY RESPONSIBLE, OR RESULTING FROM OR IN ANY WAY RELATED TO THE GOODS OR THE PURCHASE AND SALE OF THE GOODS. THE PURCHASER ACKNOWLEDGES AND AGREES THAT MANITOBA HYDRO OFFER TO PURCHASE SALE No. «COLLECTIVE» Page 3 of 5 WOULD NOT HAVE ENTERED ANY PURCHASE AND SALE AGREEMENT CONCERNING THE GOODS IN THE ABSENCE OF THE FORGOING. 16. Manitoba Hydro reserves the right to accept or to reject any or all offers, and the highest offer will not necessarily be accepted. Further, Manitoba Hydro reserves the right to withdraw any Item prior to acceptance of an offer for same, regardless of whether the time for receipt of offers has closed and regardless if an offer has been made. 17. Time shall be in all respects of the essence. OFFER TO PURCHASE SALE No. «COLLECTIVE» Page 4 of 5 ITEM No. DESCRIPTION PRICE 1-6 Offer price for all 6 Homes $____________ 1 #38 Lamoureux Lane $____________ 2 #40 Lamoureux Lane $____________ 3 #48 Lamoureux Lane $____________ 4 #52 Lamoureux Lane $____________ 5 #54 Lamoureux Lane $____________ 6 #60 Lamoureux Lane $____________ NOTES: Offers may be submitted for all six units or for each respective unit. Offers must be submitted using this OFFER TO PURCHASE form and content. FAILURE TO COMPLETE THIS FORM CORRECTLY MAY INVALIDATE YOUR OFFER. OFFER TO PURCHASE SALE No. «COLLECTIVE» Page 5 of 5 This Offer to Purchase is made by: (LEGAL Company or Individual Name) (Signature) (Mailing Address) (Name - Please Print) (including postal code) (Manitoba Sales Tax Licence # [If applicable] (Telephone #) (E-mail) (Fax #) (Date)