Planning & Zoning Commission - 387 (06/13/2023)
agenda center attachment
| Board/Commission | Planning & Zoning Commission |
|---|---|
| Meeting Date | June 13, 2023 |
| Pages | 7 |
| File Size | 1.7 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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[R:
Bastem Connecticut Association
of REALTORS®
ae
ALS e
LAND PURCHASE AND SALE AGREEMENT
Buyer(s)
Kingstown Properties LLC
Address(es) PO Bax 827
Norwich, CT 08360
Seller(s)
Leo J and Mary P.T. Archambault Living Trust
Address(es) 7271 Exsl Village Square, Vero Beach, FL 32888
Pago 1 of 5
a
Seller agrees to sell aud Buyer agrecs to purchase certain real property known as 108 R& 434 Clark Lano
(MLS 170337325), Walerford
» CT more fully described in the land records, town of
——
» CT, in Vol 1455 _ Page 165 _
1. PURCHASE PRICE
.
oe
So
Payable as follows:
A. By deposit, subject to collection, to be applied toward Buyer's down payment
or olosing costs
. _.s
B, Additional deposit by
_» 20
- If not received by the
Sellor’s agent on or before the above date than Buyer shall be in default
§ NIA
C. By procceds from institutional
financing
$ NIA
C.
D. By procesds from Seller financing (see attached addendum)
$ NA
8. Balance by cash, bank check, or attorney trustee check at closing {or such greater
or lesser arnount as may be required afler credits, adjustments and prorations.)..... $ ar i=.
2, MORTGAGE CONTINGENCIES: (Check onc)
A.( ) This Agreement is contingent upon the Buyer obtaining a commitment for a
mortgage,
___-
in the amount of $
, amortized for a term of
years
at
(fixed, variable, cz.)
nia
an initial interest rate not fo excesd
per cent per annum, and not excceding
poinis. Buyer
agrees to apply fora mortgage within
days of Sellcr’s acceptance, If Buyer fails to make formal application by
said date, Buyer shall be in dofault
of this Agreement and shell forfeit all deposit monies. Mortgage commitment shall be.on
or before
. Itig further agreed that if, after diligent offort, Buyer is unable to obtain the mortgage
by said commitment dato, thon said deposit
shall bs returned to Buyer, provided Seller or Seller's agent has received written
notice from Buyer with proof of said inability within five (5) calendar days after said commitment date, whereupon this
Agreement
shal! be null and void. In the event Seller
or Seller's agent has not received
said notice az specified, then this
mortgage contingency shall
be deemed satisfied. Buyer grants permission to the lending institution
to provide status of his
eis
agants involved in this transaction.
§ B,( )Termsofassumptionofexisting
loan: Buyeris assumingand agreeing to pay the existing firstmortgage
on theproperty
having an approximate
balance of $
. Seller represents mortgage is assumable and shall be in good
standing at time of closing,
C. @ Cash sale.
is no mortgage. contingency.
3
——_
3/4/21
Dypey EL (Lhenke wlde
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vais
Date
Buyer
Seller.
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Buyer.
Seller.
Date
Date
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Eastern Comnectiout Assoolation of REALTORS®
LAND PURCHASE ANDSALE AGREEMENT
vers
3, ESCROW DEPOSIT: Tho deposits spectficd above shall be madeat the stated tifnés, All deposits
shall be mads payeblo
to the listing broker, Romax Logonds
» and unless
otherwise
agreed upon betwoen tho parties elsewhere
in this Agreement, shall be placed intoapooled, interest bearing account
as sct forth
in COS Soc, 8-265f, with the interest payable to Connecticut
Housing Finance Authority. Atthotime of closing,
the listing broker shall pay the deposit funds tothe Seller. Exeeptashercinanthorized, the listing broker shall notpay thedeposit
fonds to anyone without the written consent of all parties to this Agreement
or by court order, In the cvent
any deposit finds
payable pursuantto this Agreement
arenotso paid by Buyer, Sollermay give writtennotice ofsuch failure toBuyeratihc address
specified
in this Agreement, by certified
mail, and if such notice is given and a period of
5 days thereafter clapses without
Buyer having correoted such failure, Seller may (1) declare
Buyer to bein defult
and (2) terminate this-Agreerment
and the
Sellershall berelicved ofall obligations herounder. The prevailing party inany legal action arising outofadisputeoverthodeposit
shall be awarded reasonable attorneys’ fees.
4, DEFAULT:
On default by oithar party, without the other party being in default, the party who {s not in default
shall havo
theright
of
ABs Deira th oped
ec Bzaldsind demogonceprocentng wih ony oe rencty olor
equity.
B, Seller Debut: Buyotreelaialng the doposit money, plus an amount equal to the deposit moncy as liquidated damages
or proceeding with any other remerly at law or in equity.
Ifa legal action is commenced to caforeeany provision
of this Agreement, the prevailing party, inoluding
a broker
whoismado
a party to such action and who has not significantly contributed to the defizult, shall be anlitied to court cos{s ancd:reasonable
attorneys’ fees.
5, LANDSCAPING, TREES, SITEIMPROVEMENTS. Seller shall maintain and convey the proparty with all Jandscaping,
trees,
any site improvements theréon,
and all appurtenances thereto, inthesame condition, reasonable wear and tear excepted,
og they were on the date of this Agreement.
6. PROPERTY REMOVAL: Seller shall remove the following proporty prior to conveyance:
NA
7. ENCUMBRANCES: Tic Certificate of Title, if desired, shall bo provided by and at Buyer's expense, Unless otherwise
fioted the property will be conveyed freeand clear of liensand subject to all provisions of any ordinance, municipal regulation,
publicorprivate law agreements, restrictions. and easements of record, and factsdisclosed by personal inspection ofthe property
oranaccurate survey, provided they do notrendar the property unmarketable pursuant to the Standards
of Title as applied
by
the Conmecticut Bar Association.
‘The parties acknowledgo a sewer aasesamont of approximately $, NA
by the *GaBer wet (.
atele
The peti weg ate aproviney $ N& a
I mac
atclosing.
8, ADJUSTMENTS: Unless atherwise stated in this Agreement, all adjustments, including,
but not limited to, taxes, water,
ere ieee Tents, fie, etc, will be mado on the dey of closing in accordanoo with tho Resideatisl Real Estate Closing
Bur-Association
(ifany), es emended, of the County in which the property is located.
2
Sell
FLO-B/
Date
Seller,
‘Date
Date
Buyer,
Selter,
‘Date
Date
ant
iD:
Eestom Conneoticut Association of REALTORS®
2) LS: °
LAND PURCHASE AND SALE AGREEMENT
9, RISK OF LOSS: Risk
of loss by fire, theft or other casualty until delivery of the deed shall be upon the Seller. In the ovent
ofloss
or damage that commot berepaired by the time
of closing ao the property
is in substantially
the same condition
as on the
date of this Agreement, Buyer shall have the choice of
A. Receiving the benofit and proceeds of Seller’s insurance coverage and taking fitle, or
B, Resciuding this Agrcement
and any monics paid under this Agreement
shall be returaed
te Buyer
and alll parties shall
berelicved of further liability.
10. POSSESSION: On tho date
and time of closing, Seilershall deliver full possession ofsald premisesto Buyer,
tree from
all occupants and posseasians,
except as otherwise specifically
provided herein.
11, ASSIGNMENT and SURVIVORSHIP: This Agreemont may
be assigned by either party without writien consent of
tho other, butehall be binding upon the heirs, executors, administrators, successors
and nasigne of the parties hereto, However,
eel
contains a provision for Seller financing, this Agreement
may not be assigned without
the written consent of
Seller.
12, BROKER(S): The Broker(s) in this transaction is/aroFreshotd
Real Estate Agency & Remax Legends
CEREALTORSO
Rey. W109
13, CLOSING: Seller shall deliver to Buyer a
good and suffici
ae
Warranty (or
conveying marketable tie, on or before
raph! leaner aml
14. INSPECTION SECTION: (Buyer must initial yes or
no for each inspection/test/action) In the event the Buyer does not
perform any of the inspections/tests/aclions indicated, by the indicated completion date, then such inspections/test/actions are
waived and no longer a contingency in this Agreement.
Buyer(s) Initlals
¥es_
1
No
(94) A. PERCOLATION TEST CLAUSE (See REMEDY CLAUSE below)
A percolation and/or
deep hole test of the premises shall be performed at the sole cost and expense
of Sellor
Buyer
on or before
___, 20
{completion date).
ey) B, BUILDING PERMIT CLAUSE (See REMEDY CLAUSE below)
A buiiding permit for the construction of a
structure
shall be oblaincd
at Buyer's sole cost and expense
on or before
, 20
(completian date).
¢
C. SEFTIC SYSTEM PLAN CLAUSE (See REMEDY CLAUSE below)
A septic system plan for the premises shall be prepared at the sole cost and expense of Seller___
Buyer.
on or before
, 20
(complotion date).
———
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Lipry lL Ppsdeaclies
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Buyer
Seller
Date
Dale
Buyer
Seller
Date
Date
iB a
Basten Connecticut Association ofREALTORS®
LANDPURCHASE AND SALE AGREEMENT
aetels
Buyer(s) Initjats
Yes
D. SURVEY CLAUSE (See REMEDY CLAUSE below)
Afa)
_sarvey for the premises shall be prepared at tha sole cost and expense of
——| Seller ___ Buyer.
‘on or before
20.
(completion date).
BE, ENVIRONMENTAL TEST CLAUSE (Sce REMEDY CLAUSE below)
A Phase
f cnvironmental testof the premises shall be performed
at the sole cost and expense of
+
Seller
Buyer
on or before
20,
(completion date),
a I. WATER QUALITY CLAUSE - (See REMEDY CLAUSE below)
‘This Agreement is contingentupon Buyet obtaining at
*sexpanse, 0 written report from
a licensed faboralory on or before
> 20,
(completion date), for the following water
‘tests that establishes
the driaking water meets or exceeds the standards published by the State of
Connecticut and the municipality im which the property
is located, ifapplicable: ( ) Potability test for
coliform ( ) Lead in water test ( ) Water quality analysis ( ) Full spectrum water analysis and/or
——
{ ) Radon in water analysis.
G. WELL WATER YIELD CLAUSE - (See REMEDY CLAUSE below)
‘This Agreement ia contingent upon Buyer obtaining at
°s expenso, on or before
20,
(completion
date), a written report froma licensed engincer or licensed
SS)
bome inspection service that establishes the well provides adequate
water yield that meets or exceeds the
4
standards published
by the State of Connecticut und tho municipality in which
the property ia Tocated.
one INSPECTIONS CLAUSE - (if none, state none) (See REMEDY CLAUSE below)
15, REMEDY CLAUSE FOR INSFECTION(S) FOR 14 A-H: Buyer sball have tho right to either A. or B. below:
A. l€ tho result(a) of an inspection/test/action is unacceptable to Buyer, then Buyer shall request that Seller completo
certain corredtive measures in order lo continue with the purchase by giving Seller written notice within fivo (5) days of
tho completion date(s) unless the written report is recoived sooner, in which case the ‘waitten notice must bo within five (5)
days of Buyer’s receipt of said ceport. The written notice shall itemize the corrective measures and shail include a copy of
the inspection/tost/aotion
report, If Buyer provides writlen notice, Seller shall have five (5) days to: sespond in writing. IF
Seller fails to respond to Buyer in welting within five (5) days or if Buyer
and Sclier cannot agree in writing within five (5)
days
of Seller’s written response to Buyer, cithor party shal! have the option to termiriuto this Agreement
by giving written
“notice to the other party, in which case the deposit(s) shall be retumed to Buyer. In the event Seller
or Seller’s agent bas
not received said notice as specified, thon this paragraph shall be deemed satisfied; or
B.JE for any season, Buyer is not sutisfied with
the results of an inspection/test/action, Buyer may terminate this Agree-
mont by giving Seller written notice within fivo (5) days of the completion date(s) untess the written report is received
sooner, in which case the writtsn notice must be within five (5) days of Buyer’s receipt of said ceport. If Buyer fails to
provide Sollor with such notice, the parties shall bo bound to perform thelr obligations
under this Agreement, If Buyer
terminates this agreemout as provided herein, the deposits(s) shall be returned to Buyer.
i
i
shila
soul ndey lL labels oe B08
|
Date
Date
juyer_
_.
Soller,
I
i
B
Date
Date
Buyor,
. Seller.
Date
Date
Bastorn Connecticut Association of
REALTORS?
LAND PURCHASE ANDSALE AGREEMENT
moses
16. ADDITIONAL PROVISIONS: (if none state none)
(1) Sea Addondum A, which Is allached and part ot thle Purchase and Sele Agreement
17, EXAMINATION
OF PREMISES: Bayer represents that Buyer has examined
ths property and is satisfied
with the
physical condition thereof, subject to any additional provisions end/or any inspections/tests
/actions made a part of this
Agreement, Buyer further agreos neither Seller nor Seller's agent have made any representations or promiac, other than those
expressly stated herein, upon which Buyer has relied in making the Ayreersent. Buyerhas therighttomalea final walk-through
oxamination of thepromises prior tatho clostngto verify thal Seller has met all contractual obligations,
If Buyer fallstoconduct
thiswalk-through examination, Seller’scontmetual obligations willbedeomed satisfiod. Setlorwillprovideaccess forBuyer’s
final walk-throughexamination.
18, USE OF ELECTRONIC RECORD: The parties ogree that they may use an electronic record, including fax ar e-mail,
tomulo
and keep this Agreoment.
Bither party has the right to withdraw consent to have a record of this Agreement provided
ormado available to thom in electronic farm, but that does not permit
that party to withdraw consent to the Agresment itself
ones thas been signed.
A party’s agreement to use an olectronic record applies only to this particular
real estate transaction
and not to all real estata transactions.
For access to and retention of faxed records, there aro no special hardyare or software requirements beyond access to a
fax machine
or fox modem and accompanying software conneoted to a personal or Japtop computer. For acceas
to and
retention of e-mail records, you will nead
a personal or laptop computer, Intemet account
and e-mail software.
‘Tho Listing
Agent as agent for Seller wishes
to use
1 Fax machine, Fax number is’,
01 E-mail. B-mail address ist
‘Tho Buyer's Agent as agent for Buyer wishes to use
CO) Fak machine, Fax number is;
i E-mail, B-mail address ts;scU@lroahokire.com
Each party will promptly inform the other in writing of any change in E-mail address or fax number.
19, ENTIRE AGREEMENT: This.
tandattached addenda specified
in paragraph
17 (ifan répresenis the entire
A
t botween
the partios, Tt ahall not hacanged orally but aly ole i pamgranl 17 (fen) ‘signed by all parties.
‘The offective date of this Agreement shall be the date on which all signatures, and initials (i£any), have been affixed hereto,
Notice; When si
‘by all parties
this is intended
to be a legally bin
Agreamont, Ifnot fully understood seak the advice
Sain peropung Wirotocnsatersben ind rea ete feniaine,anctioaingularatel
Notice: This Agreement shall be interpreted pursuant to the Residantial Rou! Batate Closing Customs as promulgated by the
& Bor Association @fany), ee amended, of the County in which the property is located,
Notice: For the purpose of providing notices under this agrecmeat, tho term Buyer shal? mean the Buyer, fhe Buyer's
agent, or the Buyer's attomey and the term Seller shall moan tho Seller, the Seller's agent, or the Seller's altomey.
| —
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eoilany Lichacchants 37081
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pre
Date
Date
yer.
Seller,
|
3
eLRENTORSO
Ret
1809
B
Date
Date
Buyer.
Selfer__
Date
Date
Addendum A
1. Purchaser may elect to exchange other property of Ilke kind and qualifying use within the
meaning
of Section 1034 of the Intemal Revenue
Cade of 1986, as amended, and the
Regulations promulgated thereunder, for fee title In the Premises which Is the subject of this
Agreement. Purchaser expressly reserves the right to assign its rights, but nat its obligations,
hereunder
to a Qualified Intermediary
as provided In IRC Reg, 1.4034 (k}-1(s}{4) at any time on
or before the Closing Date. Seller shall cooperate with Purchaser In effectuating
any such
exchange, so long
as there Is no cost
to Seller required by such cooperation,
2 Buyer will have 180 days of due diligence, from the date the Purchase and Sale Agreement Is
fully Executed, which shall Include any and all tests and investigations deemed necessary, at the
Buyer’ sole and absolute discretion and at Buyers expense, to determine If the project ts
feasible. in the event Buyer, at Its sole and absolute discretion Is not satisfied, ft shall have the
right to terminate the Contract and recelve a full and immediate refund of the Deposit.
3. Seller will cooparate with Buyer during the permitting process and grant Buyer permission to act
as its Agent for any approvals,
4 Buyerwill give Seller
at least ten (10) days written notification of closing date, which closing
5, Seller grants access to the property to Buyer and Its agents for inspection antl due diligence.
ae Salil
Armieby,
date shall be before Septemher 11, 2021. Time will be of the essence as to the closing date set.
1
sare bac ben then 3-/0-2/
a
Eastern Consecticut Association of REALTORS®
CONFIRMATION OF REPRESENTATION
OF BUYER OR TENANT
vite 3/4/21
You are hereby givea notice that fhe bolow listed buyer(s) or tenant(s)
are represented by:
Freehold Real Estate Agency
(Agency Name)
pursnant
to a signed and active (check one):
[Bilexctusive
Right to Represent Buyse Agreement, or
[[_JBcctusive
Right o Represent Tenant Agresrment,
Bay.
Name)
(Guyer/Tenant Signature) A
°
(Bnyer/Tensnt Nama)
(Buyer /Tonant Si
a
oe
Sesion
SJ
‘Standard
of Practice 16-10 of Article 16 of the National Association of REALTORS®
Code of
Ethics statos:
REALTORS®, acting as buyer or tenant representatives or brokers, shall disolose that relationship
to the seller/ Inndlord’s representative or broker at first contact and shall provide written
confirmation
of that disclosure to the sellor/ landlord's representative or broker not later than
exccution of a purchase agreement
or lease,
© 204 Taster Cammeatient Association of REALTORS®
Rov. A1GR