promise to purchase ( PHASE
1) PP2003_____-____
Les parties ont convenu
que ce
contrat soit rédigé en anglais/ The parties
have agreed to this contract being drawn up in English
between
__________________________
____________________________ ____________________________ ( hereinafter called the BUYER ) |
and |
Les
Graviers du Lac Inc. represented by Jean-Pierre Carignan, duly
authorized officer 619, chemin de la Source ( hereinafter called the VENDOR ) |
The BUYER hereby promises to purchase by the intermediary of __________________________, chartered real, estate broker. ( A3058CA ), represented by ____________________________ ,
certificate
# _____________,
the
immovable property described hereinafter at the price
and conditions set forth hereunder.
ADDRESS : vacant piece of land located in the city of St-Hippolyte and fronting on
a projected road shown on plan # _________ prepared by
Jean Godon, surveyor.
IMMOVABLE The immovable is designated as
follows : Lot reference # _______ on the above
mentioned survey plan.
Cadastral designation : part of lot _________, range 5, township of Abercrombie.
Dimensions :+ ________
meters in front by + ________
meters in depth, for a total area of
+ ______________ square meters more or less. Said measurements are approximate and subject
to minor adjustments following road construction and registration of final
subdivision plan.
The purchase price shall be ___________________________________
dollars ( __________.00$ ) which the BUYER agrees to pay
entirely at the signing of the deed of sale, unless another method of payment
is set forth hereunder. The 7% GST and 7.5% PST shall be paid by the BUYER over and above the sale's price upon
signing of the deed of sale.
With this promise to purchase, the BUYER tenders as a down payment of
the sale's price to be paid, the amount of _____________________________ dollars ( ___________.00$ ), by
means of a cheque drawn to the order of Sylvie Plourde, notary"in trust", hereinafter called the
TRUSTEE.
Following acceptance of this promise to purchase, the cheque may be certified and shall be deposited as part of
the purchase price. The TRUSTEE shall
issue a receipt to the BUYER. Said
deposit shall be held by the TRUSTEE until the signing of the deed of sale,
whereupon it shall be applied to the sale's price. In the event that this promise to purchase
should become null and void without the BUYER'S fault, the TRUSTEE shall
reimburse the deposit to the BUYER upon his written request, without interest. If, due to the
BUYER’S fault, no purchase contract is signed within the prescribed delay with
respect to the Immovable and
following a written notice to this effect, , the BUYER'S DEPOSIT shall be immediately remitted
to the VENDOR as liquidated damages without any other legal recourse between
the parties. In such case, this promise to purchase shall be considered as it
never existed.
DEED OF SALE The parties agree to sign a
deed of sale drawn up in English before notary
Sylvie Plourde on or before ____________________200___.
The BUYER shall become the owner of the IMMOVABLE upon signing of the
deed of sale with perpetual right of way by foot and vehicle on the projected
road servicing the Immovable.
Upon signing of the deed of sale, all property tax adjustments shall be
made as of __________________ 200__.
The parties hereby authorize the acting notary to retain from the
sale's price and pay directly to the Intermediary mentioned in clause 1, the
sale's commission specified in the contract signed between the Vendor and the
Intermediary.
The BUYER has examined the immovable
and the municipal bylaws affecting it and hereby declares being satisfied
thereof.
TAXES The BUYER agrees to pay, following the
signing of the deed of sale, all municipal and school taxes and the municipal
property transfer taxes.
COSTS The BUYER agrees to bear the costs of the deed
of sale, its registration and copies thereof up to a maximum of 650$ tax
included. The BUYER agrees to pay __/___ of the maintenance and snow removal fee of the
road on which the IMMOVABLE is located until said road will have been
transferred to the city of St-Hippolyte . Said fee shall be payable once a year
upon receipt of an invoice to this effect.
NON-TRANSFERABILITY The BUYER agrees not to sell, assign or
otherwise transfer his rights herein without the written consent of the VENDOR.
Unless otherwise provided herein, the VENDOR hereby declares :
a) not to know of any
fact relevant to the IMMOVABLE which could significantly lower its value :
b) not
having received any notice of non-compliance or any soil contamination notice
in respect to the IMMOVABLE which have not been complied with ;
c) the IMMOVABLE is not designated as
an agricultural land under the provincial act of « La loi
sur la protection des terres
agricoles du
Québec » ;
d) not being a
non-resident of Canada as defined in provincial and federal tax legislation.
In the latter case, the BUYER may, within five ( 5 ) days of receiving
such notice, advise the VENDOR in writing that he shall :
a)
purchase the IMMOVABLE in spite of such
defects or irregularities, in which case the VENDOR’S warranty shall be accordingly
reduced, or
b)
declare this promise to purchase null and
void, in which case the VENDOR shall be solely liable for all fees, costs and
expenses reasonably incurred by both parties.
Should the BUYER fail to avail himself of the provisions stated in paragraphs
(a) or (b) of this clause, within the specified delay, this promise to purchase
shall become null and void, in which case any fees costs and expenses incurred
by each party shall be at their respective charge and the deposit remitted to
the TRUSTEE shall remain the sole property of the VENDOR with out any other
legal recourse between the parties.
This promise to purchase is conditional to :
a)
the approval by the competent authorities of
the subdivision project and to the registration of the subdivisions as shown on
the general subdivision project on which the IMMOVABLE appears. Said approval and registration shall be
obtained no later than ___________________________
2003;
b)
the construction of the projected road servicing the IMOVABLE as shown on the
general subdivision project # _______
prepared by Jean Godon, surveyor.
Said road shall be built to municipal standards and be completed no later
than ____________________________ 2003;
Should one or more of the conditions set forth in paragraph a), and b) of this clause not be fulfilled within the prescribed delay, the BUYER and/or the VENDOR shall have the right to unilaterally cancel this promise to purchase by way of a simple written notice to this effect. In such case, this promise to purchase shall become null and void and the BUYER'S deposit shall be immediately reimbursed without interest.
Power
Line The VENDOR shall build at his own cost prior
to _____________________ 2003, a power line servicing the IMMOVABLE. Should
said power line not be completed by _______________________
2003, the BUYER shall have the right
to have it built at the VENDOR’S expense following a ten ( 10 ) day written
notice to this effect.
The measurements and dimensions of the IMMOVABLE are subject to minor
adjustments following the construction of the projected road and the
registration of the final subdivision.
The BUYER hereby agrees to accept said adjustments providing they do not
significantly affect the total area or the localization of the IMMOVABLE.
In order to avoid any confusion on the meaning of the expression
"significantly affect" used in the precedent paragraph, the parties
hereby agree that a variation of 5 % or less will be considered as minor and
will be accepted by the parties.
Any variation superior to 5 % shall be submitted to the parties written
approval. Should said variations not be
approved in writing by the parties within ten ( 10 ) days following a written
notice to this effect, this promise to purchase shall become null and void and
in this event, the BUYER'S deposit shall be immediately reimbursed without
interest.
|
The present sale is thus made subject to the following conditions, which
the BUYER binds and obliges himself to fulfil,
namely : 1.
To pay all taxes and
assessments, municipal, school, general and special, imposed upon the immovable from _________
2003 and a proportionate part of those for the current year, reckoned
from that date ; 2.
Not to call upon the VENDOR
to supply copies of title deeds, certificates of search or survey other than
the general subdivision plan of “Terrasses des Ruisseaux” project
; 3.
To accept the IMMOVABLE in
its present physical state and condition, the BUYER declaring to have
examined the same and to be content and satisfied therewith and more
specifically not to hold the VENDOR responsible for the presence of any
debris of old structures or infrastructures due to the past use of the site
as a summer camp for children, 4.
Not to call upon the Vendor
to fence or contribute to the cost of fencing the Immovable : 5.
NOT to subdivide the
Property without the express written consent of the Vendor 6.
To use the Immovable only for the purpose of
erecting no more than one ( 1 )
single family dwelling thereon. Said
IMMOVABLE shall be used for residential purpose only and not for the
operation of any commercial and/or industrial enterprise whatsoever, save
that any building thereon erected may be rented for family or individual
private use. This provision shall not be deemed to constitute an obligation
on the part of the BUYER, his successors and assigns, to build on the
IMMOVABLE hereby sold ; 7.
Not to erect, place or
alter any dwelling on the IMMOVABLE hereby sold, unless its plans and
specifications, together with a site plan showing the proposed location of
the structure on the IMMOVABLE are submitted to the Vendor for his written approval, which approval shall not
be unreasonably withheld. To use noble materials such as stone and wood or
similar materials for the exterior finishing of all structures ; 8.
Not to erect on the
IMMOVABLE any dwelling which does not have a minimum ground floor area of seven hundred square feet ( 700
sq.ft. )
and a total floor area, excluding garage and basement, of twelve hundred square feet ( 1,200 sq.ft. )
; 9.
To construct all septic or
absorption pits or other approved means of sewerage disposal for the purpose
of receiving sewerage and sluiced water in strict accordance with local
by-laws and regulations, and to
maintain such septic or absorption pits in good order and condition and not
to permit any sewerage or sluicing water to flow from the IMMOVABLE or any
part thereof to any road, street, or adjacent property ; 10.
To maintain in it’s natural
and forested state at least fifty per
cent ( 50% ) of the total area of the IMMOVABLE including a fifteen ( 15 ) meter strip of land
along the road except for the location of a driveway, , a ten ( 10 ) meter strip of land along
the lateral limits of the Immovable
and a fifteen ( 15 ) meter strip of land along the rear
limit of the immovable 11.
Not to use or permit to be
used any building or structure of a temporary nature on the IMMOVABLE, at any
time ; 12.
Not to conduct or maintain
upon the IMMOVABLE any husbandry, of
either animals or fowl, with the exception of house pets ; |
13.
Not to use the IMMOVABLE or
any structure erected thereon for the purpose of exhibiting advertisement or
notices without the prior written consent of the Vendor ; 14.
Not to deposit any garbage
on the IMMOVABLE, or on any street or public street, except in suitable
hygienic containers for collection ; 15.
Not to restrict or
interfere, in any manner whatsoever, with the discharge of storm water from
any road drain or natural water course, and not to aggravate the actual flow
from his property. The Vendor shall not be liable to the
BUYER, his successors and assigns or occupier, for any damage occasioned by
any storm waters flowing from any road or other property, on the IMMOVABLE; 16.
Not to erect or maintain
any fence or hedge on the IMMOVABLE which shall unreasonably restrict or
block the view from an adjoining property or which shall impair the
continuity of the general plan of the area ; 17.
Not to permit any hunting,
trapping or discharge of firearms on the IMMOVABLE ; 18.
Not to conduct on the
IMMOVABLE any noisiness, offensive or vexatious activity or any other
activity that may cause a nuisance and more specifically not to use or allow
the use of motorized recreational vehicles such as A.T.V. and snowmobiles ; 19.
Not to establish or grant
any rights of way over the IMMOVABLE, save and except rights of way required
for the installation of public utility purposes for the strict benefit of the
lots being part of the residential project known as “Terrasses
des Ruisseaux”, 20.
Not to sell or otherwise
dispose of the IMMOVABLE except by a Deed, a registered copy whereof shall be
furnished to the Vendor, in
which the BUYER agrees to be bound by all the covenants and restrictions
contained herein, and which shall incorporate such covenants and
restrictions, including the present obligation. establishment of
servitude The conditions, restrictions and reserves hereinabove set forth in
clauses 4 to 20 inclusive of the heading
"covenants and restrictions", are hereby constituted by the
parties hereto as perpetual servitudes upon the IMMOVABLE herein sold in
favor of the property of the Vendor,
known and designated an unsubdivided part of lot
24A, range 4, Abercrombie. Said conditions, restrictions and reserves being
imposed in furtherance of and as a part of a general scheme for the
development of the area as a residential district and community. power of attorney The BUYER irrevocably appoints the Vendor
as his Attorney for the purposes of granting servitudes of rights of passage
for public utility purposes over, upon and under a part or parts of the
IMMOVABLE provided the servient land is within
EIGTH ( 8 ) meters from the road servicing
the IMMOVABLE. |
WAIVER
All party shall have the privilege, at any time, to waive in writing
any condition drawn up for its sole benefit.
INTERPRETATION
Unless the context should call for a different meaning, the masculine
form includes the feminine and vice-versa, and the singular form includes the
plural and vice-versa.
Terms of agreement
The parties hereby declare that their agreement hereto is not based on
any representation or condition other than those contained herein.
The BUYER hereby irrevocably binds himself by this promise to purchase
until 20:00 hours, on ________________
2003.
Should the VENDOR accept it within such period of time, both parties
shall be legally bound until fulfillment of all conditions herein. Any refusal by the VENDOR shall make this promise
to purchase null and void. Any
counter-proposal by the VENDOR shall have the same consequences as a refusal.
BUYER
The BUYER acknowledges having read and understood this promise to
purchase and having received a copy thereof.
Signed in _________________________, __________________ on ________________ 2003.
_________________________________ ____________________________________
signature BUYER
signature witness
_________________________________ ____________________________________
signature BUYER
signature witness
VENDOR’S REPLY
The VENDOR acknowledges having read and understood this promise to
purchase and having received a copy thereof.
He hereby _________________________________ this promise to
purchase.
( accepts, refuses or makes a counter offer to )
Signed in __________________________________ on _______________ 2003 at
______ hours
Les Graviers du Lac
Inc.
______________________________________
____________________________________
Per : Jean-Pierre Carignan, authorized officer signature witness
ACKNOWLEDGMENT OF RECEIPT
The BUYER acknowledges having received a copy of the VENDOR’s reply.
Signed in __________________________________ on
______________________2003 at _______ hours
_________________________________ ____________________________________
Signature BUYER
signature witness
_________________________________ ____________________________________
Signature BUYER signature witness