DEVELOPMENT AGREEMENT FOR ELTON SUBDIVISION LOTS PLAN BLTO IN PART SW 1/4 of WPM

Transcription

1 DEVELOPMENT AGREEMENT FOR ELTON SUBDIVISION LOTS PLAN BLTO IN PART SW 1/4 of WPM THIS AGREEMENT made in duplicate this day of, A.D. 20. BETWEEN: RURAL MUNICIPALITY OF ELTON Forrest, Manitoba, R0K 0W0 (hereinafter the "Municipality"), OF THE FIRST PART, - and - Purchaser Name(s) (please provide full legal name(s)) Purchaser Civic/Mailing Address and Postal Code (hereinafter the "Purchaser"), OF THE SECOND PART. WHEREAS the Municipality is the owner of certain real property located in the South-West 1/4 of WPM, in Rural Municipality of Elton, in the Province of Manitoba, commonly referred to as the Elton Subdivision ; AND WHEREAS the Municipality wishes to sell a parcel (or parcels) of said real property to the Purchaser, and the Purchaser is desirous of purchasing said parcel (or parcels) of real property from the Municipality, on the terms and conditions hereinafter set forth; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the Municipality and the Purchaser, pursuant to the exchange of valuable consideration between them (the receipt and sufficiency of which is hereby acknowledged) covenant, undertake and agree each with the other as follows: 1. PREAMBLE The preamble shall form an integral part of this Agreement. 2. Sale of Land (a) The Municipality agrees to sell and transfer to the Purchaser, and the Purchaser agrees to purchase from the Municipality as at the Closing Date, the real property legally described as: 3. Financial Terms Lot Plan BLTO in the SW 1/ WPM, located in the Rural Municipality of Elton, Manitoba. (hereinafter referred to as the Property ) (a) In consideration of the sum of ($ ) Dollars in Canadian Funds, plus 5% Goods and Services Tax* (hereinafter GST ), (hereinafter "the Purchase Price"), and for such other good and valuable consideration or payment to be made as set forth herein, covenants and agrees to transfer to the Purchaser the Property, as described herein at paragraph 2 (a). (b) A non-refundable deposit in the amount of Two Thousand and Five Hundred ($2,500.00) DOLLARS, shall be paid to the Municipality upon filing of this agreement (see Clause 6.(b)). (c) The Balance of the Purchase Price, plus 5% GST* on the full Purchase Price, plus or minus adjustments, shall be payable within 60 days of the date of this agreement, being the day of, 20. Revsied

2 2 (d) * No GST shall be payable by the Purchaser to the Municipality in the event the Purchaser is registered under such legislation (GST Registration Number ) and further undertakes and agrees to remit such tax directly to the Receiver General, and to file in the prescribed manner a return in respect of such tax. 4. Land Transfer (a) Upon the Municipality receiving in full the Purchase Price, and any GST payable thereon, or as soon thereafter as is practicable, the Municipality covenants and agrees to transfer to the Purchaser the Certificate of Title to the Property, free and clear from all mortgages, liens, encumbrances or otherwise save and except: - Caveat for Rural Municipality of Elton (Development Agreement) and any and all utility easements and/or caveats that may be registered against the Certificate of Title to the Property now or prior to the completion of the transfer of Title of land. 5. Restrictive Covenants (a) (b) (c) The Purchaser acknowledges and agrees that a single family dwelling shall be constructed on the Property which, notwithstanding the provisions of the Municipalities Zoning By-law No as amended from time to time, will be constructed in accordance with the Construction & Usage Guidelines attached hereto as Schedule "A". The Purchaser acknowledges that it is the Municipality's policy to use its best efforts to control, design, and expedite the construction and completion of any and all buildings constructed within the Elton Subdivision in order to enhance the subdivision s overall appearance, and in turn increasing the value of the individual lots located therein. The purchaser acknowledges and agrees that as a condition of this Agreement, prior to the commencement of any construction on the Property, it shall submit to the Brandon & Area Planning District for its approval, in writing, detailed plans relating to all buildings and improvements to be constructed thereon, including but not limited to: site plans indicating elevations, footing elevations, exterior appearances, finishing material and color, finish grades and landscaping. Furthermore, the Purchaser shall not construct on the Property, or cause or permit to be constructed, any structure that is not in strict conformity with the plans submitted to, and approved by the Brandon & Area Planning District in writing, nor shall it construct on the Property, or cause or permit to be constructed, any structure that is not in strict conformity with the Construction & Usage Guidelines with respect to the subdivision, a copy of which has been attached as Schedule "A" hereto. The Municipality may in addition to exercising any other remedy available to it with respect to any breach of the obligation hereby imposed, apply to a court of competent jurisdiction to restrain any breach of the Construction Guidelines by injunction. Should the Purchaser fail to comply with Clauses 4(a) and (b) herein, the Municipality may: (i) Exercise any and all legal remedies available to it, including but not limited to applying to a court of competent jurisdiction for an injunction to prevent a breach, or anticipated breach, of the Construction & Usage Guidelines and/or those plans submitted by the Purchaser and approved by the Brandon & Area Planning District. (ii) The Purchaser may be required to re-convey the Property to the Municipality, at a purchase price of no greater than the original purchase price paid for the property less the $2, deposit, as outlined in Clause 6.(b) of the agreement, and at no other cost to the Municipality than to register the Transfer of Land at the Brandon Land Titles Office. An executed copy of said Transfer of Land is to be delivered to the Municipality within 30 days of the Purchaser receiving notice from the Municipality, or an agent acting on its behalf, of the Purchaser's breach, and subsequent obligation to re-convey the land.

3 3 6. Construction and Development Requirements The Purchaser shall comply with the following development and construction requirements: (a) (b) The Purchaser shall, within twelve (12) months from the date of this Agreement, and in accordance with Clauses 4(a) and (b) herein, commence construction on the Property, shall complete the construction of the foundation of the building or buildings to be constructed on the Property, shall backfill the land and shall have commenced erection of the building beyond the foundation stage. (Phase I) In the event the Purchaser fails to commence construction within the allotted twelve (12) month period, or complete the construction as per paragraph 6.(c) herein, the Purchaser acknowledges and agrees that its rights and interests in respect of the Property shall immediately terminate, without notice or formality, and the Municipality shall forthwith repay to the Purchaser all monies paid by the Purchaser to the Municipality on account of the Purchase Price, less the following: i) An amount equal to all taxes, levies and local improvement charges levied against the property within the previous twelve (12) month period and remaining unpaid at that date; and ii) iii) The cost, if any, incurred by the Municipality to restore the Property to the same condition as of the date of purchase, including, but not limited to the removal of all rubbish, garbage and waste materials of every kind; and An amount equal to any and all real estate commission paid by the Municipality on the sale of Property to the Purchaser, and iv) The sum of $500.00, representing the Administration costs incurred by the Municipality; OR v) Any deposit paid by the Purchaser pursuant to paragraph 3(b) herein, whichever is greater. (c) (d) (e) Construction of any and all buildings must be completed in full no later than two (2) years from the date of this Agreement, that being the day of, 20. (Phase II) The Purchaser acknowledges and agrees that hydro, telephone, natural gas and other such utility caveats and/or easements may affect the Title to the Property, whether registered against the Title at this time, or any time prior to the completion of the Transfer of Land. Further, the Purchaser acknowledges and agrees that it shall be responsible for ensuring that none of the utility services are damaged during site development, and shall be held financially responsible for any all damage to said utilities, resulting from site development; The Purchaser shall be responsible for securing, and shall secure, all necessary permits and approvals relating to construction of the building or buildings, prior to any development or construction on the site, which shall include, but is not be limited to: i) Development and Building Permit(s), issued by the Brandon And Area Planning District; ii) Water Connection Approval(s), to be obtained from the Municipality; iii) Sewer Connection Approval(s), to be obtained from the Municipality; iv) Driveway Access Approval(s), to be obtained from the Municipality. (f) (g) (h) The Purchaser shall locate and construct any structure(s) in accordance with the Municipality s Development Plan, and Zoning, Building and other applicable By-Laws, in effect at the time of development. The Purchaser shall install a separate shut-off valve at the residence water hookup site. All basement excavation material that must be removed from the Purchaser s Property shall be disposed within the subdivision, at a location specified by the Municipality;

4 4 (i) (j) Throughout construction the Purchaser shall ensure that the site is maintained, and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected; The Purchaser shall be responsible for all costs associated with landscaping his/her Property, including, but not limited to the cost of all top soil and sod; and; (i) The Purchaser shall landscape his/her property as soon after the completion of construction as possible, weather conditions permitting, with said landscaping conforming with the generally accepted standards of the subdivision. (ii) The Purchaser further agrees that if construction does not commence immediately, he/she will maintain the surface of the Property in a condition that does not interfere with the quiet enjoyment of the adjoining lands. 7. Liability for Taxation The Purchaser shall be liable for the payment of all taxes on the land, and all improvements made thereof, from the date of this Agreement, and the Municipality undertakes to file a Real Owner Application with the Provincial Assessment Office in Brandon on his/her behalf. 8. Non-Transferable This Agreement is not transferable or assignable by the Purchaser to any person, firm or corporation, without the written consent of the Municipality, and evidenced by way of an Assignment of the Agreement of Purchase and Sale. 9. By-Law The Purchaser acknowledges that the execution of this Agreement by the Municipality and the transfer of the land is subject to passage of a By-Law by the Municipality in accordance with Section 203(2) of the Municipal Act of Manitoba, and that the terms and conditions contained herein are effective on the Purchaser as of the time of his/her executing this agreement, and further that any occupation of the land or construction thereon prior to the passage of the By- Law is solely at the risk of the Purchaser. 10. Caveat A Caveat shall be registered against the title of the property affected by this Agreement at the time of land transfer, reflecting the provisions herein, to be the cost of the purchaser. 11. Monies Free of Trust All monies due hereunder, when paid, shall be deemed to be received free and clear of all conditions, trust or otherwise, except those conditions expressly stated in writing herein, and forming part of this Agreement. 12. Purchasers Responsibility After Possession As of the Possession Date, the Purchaser shall be responsible for the entire maintenance of the said property and all costs, risks, and liability for in connection therewith, if applicable. 14. Enurement This Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors, and permitted assigns of the parties hereto.

5 5 15. Severability If for any reason whatsoever any term or condition of this Agreement, or the application thereof to any party or circumstance, shall to any extent be invalid or unenforceable, all other terms and conditions of this Agreement and/or the application of such terms and conditions to the parties or circumstances, other than those which are invalid or unenforceable, shall not be affected and each term and condition of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 16. Amendments No modification or amendment to this Agreement for Purchase and Sale of Shares may be made unless agreed to by the parties hereto in writing. 17. Jurisdiction This Agreement is made pursuant to the laws of Manitoba. 18. Independent Legal Advice The Purchaser acknowledges that the Purchaser exercised or had the opportunity to exercise Independent Legal Advice prior to executing this Agreement. 19. Time shall be of the essence of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement at the of, in the Province of Manitoba, the day and year first above written. FOR PURCHASER Witness Printed Name: Witness Printed Name: FOR RURAL MUNICIPALITY OF ELTON: Witness PER: Reeve Witness PER: Chief Administrative Officer

6 6 AGREEMENT OF PURCHASE AND SALE SCHEDULE "A" CONSTRUCTION & USAGE GUIDELINES FOR ELTON SUBDIVISION PLAN BLTO IN SW WPM PLAN APPROVAL All plans will require approval by the Brandon and Area Planning District for a development/building permit. LIMITATION OF LOTS PURCHASED The number of lots that may be purchased by any one person, business or entity shall be limited to two (2) lots. CONSTRUCTION START DATE Construction start date is expected to be in the spring of SEWER SYSTEMS Property owners must connect to the Forrest Wastewater Low Pressure Sewer System. The cost for connection is $3,800.00, which is included in the purchase price as indicated in Clause 3.(a) of this agreement. Sewer lines have been installed to the edge of each property. Hook up from the property line is the responsibility of the property owner. A permit from the Rural Municipality of Elton is required. The Low Pressure Sewer System requires installation of a septic tank. Upon completion of construction, the Purchaser shall be entitled to a One Thousand ($1,000.00) Dollar rebate upon presentation of a billing showing purchase of said septic tank. Costs for maintenance of the sewer system are via quarterly billings as approved by the Public Utilities Board and are subject to change from time to time. The quarterly rate is $23.00 effective January 1, WATER SYSTEMS Property owners must connect to the Forrest Water Supply System. The cost for connection is $2,000.00, which is included in the purchase price indicated in Clause 3.(a) of this agreement. Neither quality nor quantity of water is guaranteed. Water lines have been installed to the edge of each property. Hook up from the property line is the responsibility of the property owner. A permit from the Rural Municipality of Elton is required The Forrest Water Supply System requires installation of a water meter, the cost of which is included in the connection fee of $2, and the purchase price of the affected lot. The Purchaser should contact the Elton Municipal Office prior to construction to obtain a water meter. Costs for maintenance of the water supply system are via quarterly billings as approved by the Public Utilities Board and are subject to change from time to time. The quarterly rate is $77.00 effective January 1, Property owners are further notified that this water connection fee is for connection only to the existing water supply system. Connection to a rural waterline from a water source at Alexander, Manitoba is expected within 2010/2011. The $12, connection fee for this upgrade is included in the purchase price of the lot at the time of signing this Development Agreement. The purchase prices of Forrest Subdivision lots are subject to change without notice. BUILDING CODES All homes located in the subdivision must comply with: i) The Manitoba Building Code as administered by the Brandon and Area Planning District or other authority having jurisdiction within Elton Municipality as approved by Council; ii) Municipal By-Laws except as altered by this Agreement of Purchase and Sale.

7 7 BUILDING SPECIFICATIONS - All homes must have main floor square footage minimum of 1,200 square feet unless varied by Council. - All homes must be single family residences. No suites or apartments are permitted. - All homes must have a minimum front yard setback of 30 feet from Hickson Crescent, Heeney Avenue or McGregor Street and side and back yard clearances of 15 feet. - Mobile and modular homes will not be permitted. - The exterior of all homes must be completed with good quality materials. - All homes being relocated into the property must be new construction or ready-to-move (RTM) only. The Municipality may deny permission to relocate based upon general appearance or condition of such a home. - On Lots 5, 6, 7, 8 and 9, the Purchaser is hereby advised: As per the Municipality s Zoning By-law No (or any amendment or replacement thereto), Page THREE-6, Clause 20.(3), no dwelling shall be located within fifty (50) feet from the edge of a right-of-way established for the transmission of high pressure natural gas or the transmission of hydro electricity in excess of one hundred (100) kilovolts; and that a gas pipeline easement is located south of the property line. As such, the property owner must contact the Call Before You Dig number ( ) to determine any setbacks that may be required prior to construction of any structure in the southern-most 50.5 feet of these lots, including but not limited to a fence or out-building. ACCESSORY BUILDINGS Accessory buildings for purposes incidental to residential occupations (Eg. garages, storage sheds and workshops) shall be permitted provided that: i) they comply with the Manitoba Building Code. ii) they comply with Municipal By-Laws. iii) a building permit is obtained prior to construction. iv) the exterior finish is similar to that of the residence. v) the square footage of same does not exceed the ground floor square footage of the residence. vi) front yard setback of the building is a minimum of the front wall of the main residence. ROADS AND ACCESS McGregor Street, Hickson Crescent and Heeney Avenue shall be maintained by the Municipality as an all season gravel road. Grading, gravelling and snow removal shall be provided by the Municipality as it, in its sole discretion, considers necessary. Each property shall be permitted one access only onto either McGregor Street, Hickson Crescent or Heeney Avenue, to be constructed by the Municipality and maintained by the property owner, with cost for same included in the purchase price of the lot as per Clause 3.(a) of the agreement. Additional approaches shall only be permitted if approved by Council of the Municipality, and shall be at the cost of the land owner. PROPERTY MAINTENANCE Each property owner shall be responsible to maintain their property and the exterior of all buildings in a tidy and reasonable manner. This shall include, but not be limited to, grass cutting, tree trimming, weed control, general cleanliness, and maintenance of exterior paints and finishes. The Municipality shall, after reasonable notice to the property owner, have the right to enter onto the property and to cause neglected maintenance work to be undertaken. The costs of same to the Municipality shall be charged to the property owner and if not paid may be added to the property tax rolls for that property. VARIATIONS AND CONDITIONAL USES Council may, in its sole discretion, make minor variations to these Construction & Usage guidelines. Home business occupations that are permitted or conditional uses under the Municipality s Zoning Bylaw No (or any amendment or replacement thereto) must be conducted within a building and if conducted in the residence must not utilize more than the greater of 300 square feet or 20% of the square footage of the ground floor. Approval of a conditional use application meeting these requirements is not, by this provision, guaranteed. Business activities to be carried on outside of a building will generally be prohibited. circumstances, a conditional use application under the Zoning Bylaw may be approved. In exceptional

8 8 ELEVATIONS Elevation of the residence foundation/main floor and grounds must be at standards set by the Municipal engineer and as identified on Schedule B as attached to this agreement to ensure proper drainage patterns occur. UTILITIES Power and gas supplies will be available to the edge of each property. Property owners must make their own arrangements with utility companies for hook-up. Utilities Information (As at August 31, 2009 Subject to Change) Manitoba Telephone System: No charge for cable from pedestal to house. Installation of a phone line with one (1) phone jack is $ Each additional jack is extra. Contact for residential connection. Manitoba Hydro (Natural Gas): No charge for connection to the house from the main line. Contact Manitoba Hydro at 2505 Victoria Ave E, Brandon for gas connection. Manitoba Hydro (Electricity): No charge for permanent connection to the house. There will be a charge for temporary service provided during construction. Contact Manitoba Hydro at 2505 Victoria Ave E, Brandon for electrical connection. MISCELLANEOUS All Municipal Bylaws will apply to this subdivision. Attention is drawn in particular to the Municipality s Derelict Vehicle Bylaw, Animal Control Bylaw, and Nuisance Bylaw. No animals other than household pets will be allowed. Pet owners are responsible for the control and behavior of their pets and must insure that they are neither a nuisance nor a threat to others. For further information, please contact: SUNDRY INFORMATION Municipal Office Kathleen E. I. Steele, Chief Administrative Officer Telephone: (204) Facsimile: (204) elton@inetlink.ca Municipal Office Hours: 8:30 A.M. - 4:30 P.M. Monday to Thursday 8:30 A.M. - 3:00 P.M. Friday Closed 12:00 P.M. - 1:00 P.M. After Hours Contacts: Reeve Jon B. Burton (204) Councillor David Mazier (204) Building Permit or Planning Questions, please contact: Dan McPherson, Rural Services Manager Brandon and Area Planning District (204) Brandon Land Titles Office: The Purchaser is responsible to have the transfer of title registered at the Brandon Land Titles Office. The Purchaser is provided with the option to either make final payment of the purchase price to the Municipality as outlined in the Development Agreement, with legal costs for transfer of property to be shared equally between the Municipality and the Purchaser, or for the Purchaser to engage their personal lawyer to handle the Land Transfer on their behalf, including submission of final payment of the purchase price plus GST to said personal lawyer, with all documentation for Land Transfer to be provided to their specified lawyer by the Municipality. The Elton Municipal Office should be provided with the name and address of your legal counsel. The Land Transfer By-law, once passed, and a copy of this agreement will be forwarded for registration purposes. Survey Pins: Survey pins will be located by the Municipality upon completion of installation of water, sewer, utility and road infrastructure. The Surveyor's Staking Certificate will be available at the Municipal Office.