Village At Pond View Woods Construction Contract Addendum

Similar documents
SAMPLE REMODELING CONTRACT Revised

Confirmation of Purchase Order/Terms and Conditions of Sale 1. ACCEPTANCE OF ORDER: Natel Engineering Co., Inc. or it s Powercube division ( Natel or

e. Seller s remedies relating hereto to shall be cumulative and in addition to any other remedies provided herein or by law or in equity.

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

REAL ESTATE AUCTION PARTICIPATION AGREEMENT

PROPERTY LEASE AGREEMENT

Belmont Condominium Purchase and Sale Agreement

GENTEX CORPORATION TERMS AND CONDITIONS OF SALE

STRAND MANAGEMENT GROUP, LLC RESIDENTIAL MANAGEMENT AGREEMENT

SAMPLE. Construction Contract

New Home Contract. Creekside Homes, LLC, 7390 Highway 64, Oakland, TN (hereinafter called Seller ) hereby agrees to sell and to convey to:

ROTOR CLIP PURCHASE ORDER GENERAL TERMS AND CONDITIONS

Terms & Conditions. Cleveland, OH Toledo, OH Pharr, TX. Universal Metal Products, Inc Lakeland Boulevard Cleveland, OH

Terms and Conditions of Sales

judgment in price, any duties. good quality will conform including furnished by and AMOT arising from the goods Buyer. result of the for Texas shall

KOHLER INDUSTRIES, INC. Term and Conditions of Sale, Including Limited Warranty

Long Term Rental Property Management Agreement

BID PROPOSAL FORMS FOR THE SALE OF REAL PROPERTY LOCATED IN THE CITY OF CORONA IN THE COUNTY OF RIVERSIDE

PROPERTY MANAGEMENT AGREEMENT

AGREEMENT. THIS AGREEMENT, made the, 20, by and between:

BUILDER S ADDENDUM TO PURCHASE AND SALE AGREEMENT (Use with NWMLA Form 21)

LEASE AGREEMENT TIE DOWN SPACE

TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS & SERVICES

TERMS AND CONDITIONS OF SALE

DECLARATION OF PARTY WALL RIGHTS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

sold under a separate Order. Failure of Seller to deliver any installment shall not entitle Buyer to cancel the balance of the Order. 4.3 Any time quo

MOLDED FIBER GLASS COMPANIES Terms and Conditions of Sale (Custom Molding Products)

Purchase Order Terms and Conditions

PRESS FIRMLY you are writing through 4 copies.

Projects Unlimited, Inc. PURCHASE ORDER TERMS AND CONDITIONS September 15, 2013

Del Val Realty & Property Management

EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Long-term Rental Property

GLOUCESTER/SALEM COUNTIES BOARD OF REALTORS STANDARD FORM OF BROKER-SALESPERSON INDEPENDENT CONTRACTOR AGREEMENT

MANAGEMENT AGREEMENT

MEMORANDUM OF AGREEMENT FOR THE TRANSFER OF TITLE TO REAL PROPERTY City of Lompoc & Lompoc Healthcare District. Recitals

CONTRACT FOR SALE OF REAL ESTATE

GENERAL ASSIGNMENT RECITALS

REFERRAL BROKER AGREEMENT

EXCLUSIVE MANAGEMENT AGREEMENT

Product Terms, Conditions & Warranty

K & R Properties of Fayetteville, Inc. PO Box Fayetteville, NC (910)

DECLARATION OF EASEMENTS AND COST SHARING AGREEMENT

EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Long-term Rental Property

Purchase Terms and Conditions

PROPERTY MANAGEMENT AGREEMENT (AUTHORIZED REPRESENTATIVE FOR EVICTIONS)

Property Management Agreement Vacation Rentals

REAL ESTATE PURCHASE AND SALE AGREEMENT

RECITALS. Page 1 of 9

Commercial Lease Agreement

PGW AUTO GLASS, ULC PURCHASE ORDER GENERAL CONDITIONS

EVENT PRODUCTION AGREEMENT

CHICO SIERRA REAL ESTATE MANAGEMENT INC.

Equipment Lease Agreement Template

TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE England Greene, Tweed & Co., Limited. Act the Late Payment of Commercial Debts (Interest) Act 1998;

AGREEMENT. ("Buyers"), and Mr. Investor., whose address is

EQUIPMENT LEASE AGREEMENT

LIMITED FINANCIAL SERVICES AGREEMENT. THIS AGREEMENT dated for reference as of the day of, 20.

Pro Flow Dynamics, LLC. Standard Terms and Conditions of Sales

DEVELOPMENT AGREEMENT

SELLER S ADDENDUM TO CONDOMINIUM PURCHASE AND SALE AGREEMENT

PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY

OIL TECHNICS (HOLDINGS) LTD STANDARD TERMS & CONDITIONS FOR PURCHASE OF GOODS

I. DEFINITIONS as used throughout the Purchase Order, and this Contract document, the following terms shall have the meaning set forth below:

EXHIBIT A AGREEMENT FOR SALE OF IMPROVEMENT TO REAL PROPERTY AND BILL OF SALE

CONDITIONS OF SALE IMMOVABLE PROPERTY

TERMS AND CONDITIONS OF SALE

WHRL SOLUTIONS LLC. CONDITIONS AND TERMS OF SALE 1. APPLICABLE TERMS.

Landlord is the owner of land and improvements commonly known and numbered as. (address) and

LAND INSTALLMENT CONTRACT

RESIDENTIAL LEASE- RENTAL AGREEMENT., evidenced by, as a deposit which, Total Due Received Due Prior To Occupancy

Skyways Technics - General Terms and Conditions for the Sale of Goods and Services

DEVELOPER S AGREEMENT BETWEEN THE TOWN OF CLIFTON AND

BUSINESS PURCHASE AGREEMENT

General Terms and Conditions of Purchase of HBM United Kingdom Limited


PAYMENT IN LIEU OF TAXES AGREEMENT

1.1.1 days means any day other than a Friday, or official public holiday in the United Arab Emirates;

COMMERCIAL PROPERTY LEASE AGREEMENT

GENERAL ASSIGNMENT RECITALS

FLAT FEE MLS LISTING AGREEMENT

NUCLEAR DENSITY GAUGE EQUIPMENT LEASE/RENTAL & TEMPORARY TRANSFER AGREEMENT

TERMS AND CONDITIONS FOR ESCROW ACCOUNT

UNDER CONSTRUCTION SALES AGREEMENT THIS AGREEMENT, Made as of (Current Date), In the Year of (Current Year),

COMMERCIAL BUYER/TENANT REPRESENTATION AGREEMENT

REAL PROPERTY LEASE AGREEMENT. (LOCATION: Division Street, Lancaster, California 93535)

Purchase Terms and Conditions

CITY AND COUNTY OF BROOMFIELD SUBDIVISION IMPROVEMENT AGREEMENT FOR (PROPERTY NAME - ALL CAPS)

TERMS AND CONDITIONS OF SALE

NELA USA Terms and Conditions of Sale

REQUEST FOR PROPOSAL. Real Estate Services. for CITY OF COQUILLE. Closing Date: July 31, 2018

PURCHASE AGREEMENT FOR STAIR STEP SCREENS AND WASHING PRESSES

SIG SAUER, INC. STANDARD TERMS AND CONDITION FOR PURCHASE ORDERS

BUYER Initials: / Date: / Time: / SELLERS Initials: / Date: / Time: /

of competent jurisdiction, the considered divisible as to such part, and the remainder of the

ANNUAL/LONG-TERM EXCLUSIVE RIGHT TO LEASE AND MANAGE AGREEMENT

) ) ) EXCLUSIVE RESIDENTIAL PROPERTY MANAGEMENT AGREEMENT

Commercial Lease Agreement

Town of Weymouth Massachusetts

Transcription:

Village At Pond View Woods Construction Contract Addendum Addendum to Purchase and Sale Agreement dated: between (hereinafter Buyer(s) ) And (hereinafter Seller/Developer For the subject property located at Pond View Woods Old Orchard Beach Maine Developer, for and in consideration of the payments hereinafter provided, agrees to construct a custom home ( subject home ) including and made a part hereof. The terms of this Contract shall prevail over any conflicting provisions in the documents incorporated by reference. EXHIBITS: Exhibit A. Limited Warranty Agreement Exhibit B. Modular Maufacturers 2-10 Home Buyers Warranty Exhibit C. Modular Home Specifications Exhibit D. Modular Home Plans Exhibit E. Appliances CONTRACT PRICE: $ HOME CONSTRUCTION DESCRIPTION AND DEVELOPER/BUILDER S GENERAL OBLIGATIONS. Modular homes are manufactured by Westchester Homes as described in attached plans and specifications as defined in Exhibit C: Modular Home Specifications. Developer/Builder shall perform all work and provide labor and tools necessary to construct the subject home in accordance with the provisions of this Contract. Construction shall be completed substantially in accordance with the normal standards, practices and procedures of the Maine homebuilding industry. 1. PERMITS and SURVEY. Developer is responsible for all governmental and utility company permits and fees including Building Permits as recognized by the proper authorities at their expense unless otherwise provided for. 2. INSURANCE. The Developer/Builder shall purchase and maintain at the Developer/Builder s own expense, all necessary workers' compensation and employer's liability insurance, commercial general liability insurance, and comprehensive automobile liability insurance to protect the Developer/Builder from claims for damages because of bodily injury, including death, and for damages to property that may arise both out of and during operations under this contract.

3. CHANGES AND ALTERATION. Pursuant to 10 MRSA Sec. 1488, any alteration or deviation from the above contractual specifications that involve extra cost will be executed only upon the parties entering into a written change order. After the execution of this Contract, Buyers may make changes or alterations in plans or specifications, only if approved in writing by an officer of the Developer/Builder. Then such changes or alterations shall be by written change order setting forth their description and their additional costs to Buyers, and Buyers shall pay such additional costs at the time such change order is signed by the respective parties. 4. MATERIALS. Should any materials provided for in the specifications not be available in the quantities required or at the time needed by Developer/Builder for proper construction process, Developer/Builder or manufacturer shall have the right at Developer/Builder s election, to substitute equivalent materials available for the same construction purposes. The products to be furnished will be of reasonable quality, having latitudes of acceptability that are usual and allowable under standard grading rules and other recognized construction inspection agencies. 5. RESOLUTION OF DISPUTES. If a dispute arises concerning the provisions of this contract or the performance by the parties, then the parties agree to settle this dispute by jointly paying for one of the following (check only one): (A) Binding arbitration as regulated by the Maine Uniform Arbitration Act, with the parties agreeing to accept as final the arbitrator s decision ; (B) Nonbinding arbitration, with the parties free to not accept the arbitrator s decision and to seek satisfaction through other means, including a lawsuit ; (C) Mediation. with the parties agreeing to enter into good faith negotiations through a neutral mediator in order to attempt to resolve their differences ; (D) The parties are not required to select one of the above dispute methods. They are optional. If the parties do not select one of these options, check here:. 6. CONTROL OF DEVELOPER/BUILDER. The subject home to be constructed under this Contract shall be under the Developer/Builder s control and possession from the commencement of the work thereon until the completion of the same and payment in full of the Contract Price and any costs of changes or alterations. The Buyers shall not give instructions or orders directly to employees or workmen of the Developer/Builder except to persons designated as authorized representatives of the Developer/Builder. The Buyers shall inspect the progress of construction only at times scheduled by the Developer s/builder s agent so as to insure the site is reasonably safe and to avoid interference with the work in progress.

7. OCCUPANCY. Buyers agree not to occupy or take possession of the subject home until the following have taken place: 1) Final inspection has been conducted, a certificate of occupancy has been issued by the applicable town or municipality. 2) A punch-list as prescribed in Section 12. has been prepared, the home has been fully accepted by the Buyers. 3) A closing between the buyer and developer has taken place and all payments due under this Contract have been paid in full to the Developer/Builder. 8. WORK BY BUYERS. N/A 9.TIME OF COMPLETION: Construction of the subject home is estimated to be substantially complete on or before July 31, 2016. Developer/Builder does not guarantee a firm completion date for construction of the subject home. Developer/Builder shall make every reasonable and diligent effort to meet the estimated construction schedule, but shall not be obliged to provide or compensate Buyers for any accommodations or inconvenience to Buyers as the result of any construction delays. Further, such delays shall not serve to cancel, amend, or diminish any of the Buyer s obligations herein. 11. COMPLETION OF WORK EQUITY ITEMS. N/A 12. FINAL INSPECTION AND ACCEPTANCE. When the Developer/Builder deems the subject home to be substantially complete, the Developer/Builder will schedule a joint acceptance inspection with the Buyers and such inspection will be conducted within five (5) days. At the acceptance inspection, a punchlist will be made by the Buyers and Developer/Builder of items that are to be corrected and adjusted within sixty (60) days after the Buyer s occupancy. If the home is substantially complete, the Buyers will sign the punchlist certifying that the subject home has been completed to the Buyers satisfaction subject to the punchlist and Developer/Builder s limited warranty. The subject home is deemed to be substantially complete when it is fit for habitability under Maine law and the local Code Enforcement Officer has issued a Certificate of Occupancy. If the Buyers do not believe the subject home is substantially complete, the Buyers, within two (2) days will provide the Developer/Builder with a list of items the Buyers believes must be completed prior to acceptance. Funds for item incomplete punchlist items will not be escrowed unless the cost of the items, as determined by the Developer/Builder, exceeds $2,500 and then only for their actual cost. 13. ALLOWANCES. The contract price includes the allowances listed in the Building Specification attached to this Contract. The allowance includes both materials and installation unless expressly noted otherwise. The Buyers and Developer/Builder agree that the allowances are not to be construed as bids by the Developer/Builder and that the allowances may vary from the actual cost based on the Buyers' selections.

14. SELECTIONS. Upon signing this Contract, the Developer/Builder will provide the Buyers with a list of items to be selected by the Buyers, including allowance items, materials, and colors required during the construction process. The Buyers must make all selections within twenty (20 ) days of the contract signing, sign the completed purchase order and selection list, and return it to the Developer/Builder in order to avoid construction delays and mistakes. In the event the Buyers selections are not made as required by this Section, the Developer/Builder may either delay submission of the purchase order to the factory until the selections are complete or make the selections itself. 15. WARRANTY. Upon completion and fully acceptance by the Buyers, the Developer/Builder shall guarantee all workmanship and materials in accordance with the terms and conditions as shown in the attached Exhibit A Limited Warranty Agreement. This Limited Warranty is in lieu of all other guarantees and warranties, express or implied except to the extent that Maine law provides consumer protection by the following language: In addition to any additional express warranties agreed to by the parties, the Developer/Builder warrants that the work will be free from faulty materials; constructed according to the standards of the building code applicable for this location; constructed in a skillful manner and fit for habitation. The warranty rights and remedies set forth in the Maine Uniform Commercial Code apply to this contract. Any action for breach of warranty or contract must be commenced within one year after a Certificate of Occupancy has been issued. 16. MAINE ENERGY STANDARDS. Current Maine statute establishes minimum energy efficient building standards for new residential construction. The building construction described above and in the attached specifications meets or exceeds the minimum required standards. 17. ASSIGNMENT. This contract is not assignable by the Buyers unless the Developer/Builder approves such assignment in writing. 18. GOVERNING LAW. This Contract of Sale and Purchase shall be governed by and interpreted under the laws of the State of Maine and shall be binding upon the heirs, administrators, executors and assigns of the respective parties hereto. 19. NOTICES. All notices and demands required herein shall be made in writing by first class mail, mailed to the Developer/Builder and Buyers at the addresses set forth on page 1 or hand delivered. 20. INTEREST. N/A 21. DOOR-TO-DOOR SALES. The parties herein agree this Contract is not the result of a doorto-door sale solicitation by Developer/Builder.

22. MISCELLANEOUS. Any material default in this contract, which is occasioned through the failure of the buyer, Buyer and/or purchaser to comply with the terms and conditions of this contract, will enable Developer/Builder to recover from Buyers payment for all work executed, any loss sustained, and reasonable profits and damages. No monies will be refunded once a house has gone into production by the Manufacturer, if Modular. 23. FAILURE TO PAY. N/A 24. FACSIMILE COPIES. The parties hereto agree that fully executed and dated electronic or (FAX) copies of this Contract, if utilized, will be binding on the parties as if they were originals 25. ENTIRE AGREEMENT. Buyers acknowledge receipt of a true copy of this Contract, and acknowledge that they have read the entire Contract and understand the contents thereof and that the Developer/Builder has made no statement or promise nor entered into any understanding, verbal or otherwise, in conflict with this Contract, or which would in any way invalidate or enlarge any of its provisions. Any modifications, changes, or alterations to this Contract shall be in writing and signed by both parties. Witness Buyer Witness Buyer _ Pond View woods, LLC By: By: