THIS AGREEMENT MADE IN DUPLICATE THIS ___ DAY OF __________, 20___.
THE VILLAGE OF SHELL LAKE, a Municipal Corporation, pursuant to the provisions of The Municipalities Act, (hereinafter called the “Village”);
PARTY OF THE FIRST PART
– and –
(hereinafter referred to as the “Purchaser”)
PARTY OF THE SECOND PART
MEMORANDUM OF AGREEMENT FOR SALE
WHEREAS the Village is selling lots for the purposes of the development of single dwelling residential properties within the Village;
AND WHEREAS the Purchaser has agreed to purchase from the Village the property described below, on the terms and conditions contained herein;
AND WHEREAS this Agreement and the restrictions contained herein may be registered against the title to the property;
NOW WITNESSETH AS FOLLOWS:
1. The Village does hereby agree to sell to the Purchasers, who agree to purchase the following lands and premises situated in the Village, described as follows (hereinafter referred to as the “property”):
for the total purchase price of $___________.___ payable as hereinafter set forth:
(a) By the Purchaser providing to the Vendor a non-refundable deposit in the sum of $500.00. The aforesaid deposit shall be paid to the Village’s solicitor concurrently with the execution of this Agreement;
(b) The full balance of the purchase price, being the sum of $___________.___, shall be payable without interest within six (6) months of the execution of this Agreement, by deposit of the said funds in trust with the law firm of Sanderson Balicki Parchomchuk, as solicitors of the Village, the conditions of trust being that said funds be held by said Trustee pending title issuing to the Purchaser subject only to payment of any adjustments payable by the Purchaser and the following encumbrances registered against title, namely:
(c) The possession date shall be agreed upon by the parties in conjunction with the payment of the balance of the purchase price.
(d) If the Purchaser fails to comply with the terms as herein provided, then the Purchaser agree that the said deposit shall be absolutely forfeited to the Village as liquidated damages and the Agreement herein shall be null and void at the Village’s option.
2. The Purchaser shall pay to the Village, or its solicitor, upon Closing an amount equal to all taxes, as shall exist at the date of Closing.
3. The Purchaser shall be entitled to vacant possession on the Closing of this sale provided the purchase price and any applicable taxes have been paid by the Purchaser to the Village or its solicitor.
4. Residences: No building other than one single-family dwelling with a garage, either attached or detached, and if approved by the Village, accessory buildings, that do not furnish residential accommodations.
5. Approval for Construction: The Purchaser must submit a building application and plan to the Village, in accordance with Village bylaw #___________, and such application and plans must be approved of by the Village prior to construction commencing. A Building Inspector will be appointed to conduct a plan review and to conduct inspections of the property throughout the building of any dwellings and/or buildings on the property.
6. Building Codes: All dwellings, and any garages shall be constructed of good quality new material only and shall comply with all municipal, provincial or federal building codes and specifications and shall comply with the terms and conditions established in the within Agreement.
7. Utility Connections: Connections for all utilities, including but not limited to water, sewage, electricity, telephone, must be run underground from the connecting point therefrom to the dwelling in such a manner as is acceptable to the respective utility authority or company and the Village. The dwelling must be connected to the Village’s sewer system and that a fee of $1,500.00 for sewer hookup be paid to the Village of Shell Lake. Any fees associated with the connections for utilities shall be the responsibility of the Purchasers.
8. Property Taxes: For the first three (3) years following the possession date the municipal portion of the property taxes with respect to the property shall be calculated based on the assessed value of the property immediately prior to the possession date.
9. Commencement and Completion of Construction: The Purchaser may commence construction of a dwelling at any time after the possession date. Construction of a dwelling on the property must be completed within three (3) years of the possession date.
10. Occupancy: No one shall occupy any permanent structure on the property until such time as a Certificate of Occupancy or Completion has been issued by the appropriate municipal or governmental authority.
11. No business or commercial building may be erected on the property and no business or commercial activity may be conducted on the property, except in accordance with the Village’s bylaws.
12. Temporary Structures: No structure of a temporary nature, whether a trailer, tent, shack, garage, barn or other such building, is permitted on the property. This restriction excludes temporary buildings used in connection with and during the construction of a dwelling if approved by the Village. No temporary structure may, at any time, be used as a residence, either temporarily or permanently, except as may be necessary for construction if approved by the Village.
13. Transfers: The Purchaser hereby agrees that they shall not transfer the property to a third party until such time as the Purchaser has completed construction of the dwelling on the property in accordance with paragraph 4.
14. Any transfer of the property prior to the Purchaser complying in full with paragraph 4 shall require the consent of the Village, said consent which can be withheld at the sole discretion of the Village. In the event that the Village consents to such a transfer the transferee shall be subject to, and bound by, the terms of this Agreement as a successor to the Purchasers.
15. Penalties and Remedies for Breach of Conditions: The Purchaser acknowledge that the conditions, restrictions and covenants contained herein may be enforced by the Village by any lawful means available to the Village including without limitation the right to obtain injunctions to prevent breach and the right to restore or compel the property to be restored to a complying condition if a breach has occurred. In the event that the Village incurs any costs in enforcing compliance with this Agreement, including without limitation survey or inspection costs, construction or restoration costs or legal fees on a solicitor/client basis and disbursements, such costs shall be the responsibility of the Purchaser and shall be reimbursed to the Village upon demand and shall also form an equitable charge against the land enforceable In the same manner as a mortgage.
16. Without restricting the generality of the foregoing paragraph and in addition to the rights contained therein, In the event of a breach of any one or more of the conditions contained herein, the Village shall have the right but shall not be obligated to enter upon the land and abate and cure at the expense of the Purchaser of the land any such breach capable of abatement or cure, and the Purchaser of the land shall pay to the Village forthwith upon demand all costs incurred by the Village to achieve such abatement or cure and such costs shall constitute a charge upon the land enforceable in the same manner as a mortgage and without restricting the foregoing may also be collected as a debt due and owing to the Village.
17. Term of Agreement: This Agreement shall run with the land and be binding on all parties and persons claiming under them. The Purchaser specifically agrees that the Village may file and maintain a caveat against the property, which shall include a copy of this Agreement or a reasonable facsimile, to be appended with the caveat. The Purchaser agrees that no action will be brought in any court of competent jurisdiction nor shall the Purchaser take any steps to vacate or lapse the caveat registered against the property. The Purchasers, and his heirs, executors and assigns, shall at all times be bound by the provisions of the within Agreement.
18. Legal Fees: Each party agrees to pay their own legal fees with respect to this transaction. The Purchaser shall be responsible for all the Land Titles Office fees with respect to the registration of the transfer to the purchased property.
19. Execution in Counterparts: This Agreement may be executed electronically or by facsimile and in any number of counter parts. Each counter-part copy of this Agreement shall be deemed to be an original, and all of such counter parts shall be construed together and shall constitute one and the same instrument. Delivery by a signatory of an executed counter part of this Agreement by means of an electronic communication capable of producing a printed copy or by means of a facsimile copy shall be deemed to be execution and delivery of this instrument by the signatory as of the effective date hereof.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the ____ day of ___________________, 20___.
VILLAGE OF SHELL LAKE
SIGNED AND DELIVERED
in the presence of:
Witness as to Purchaser Purchaser
Witness as to Purchaser Purchaser