AGREEMENT
THIS AGREEMENT, made this ____ day of ____________________, 200___ by and between, the City of Plainville, hereinafter referred to as "CITY"
and _________________________________________________, hereinafter referred to
as
"BUYER".
WITNESSETH:
City hereby covenants and agrees that if the Buyer shall perform all covenants hereinafter mentioned on the Buyer’s part to be performed, then the City cause to be conveyed to the Buyer, in fee simple, clear of all encumbrances whatever, by a General Warranty Deed, and a title insurance policy showing good merchantable title to the following described property, to-wit:
together with all the improvements thereon and appurtenances thereto belonging and subject to easements and restrictions of record.
CONSIDERATION
Buyer agrees to enter into a contract with a building contractor to build a single family residence upon the above property within six months of the date of this agreement. Buyer further agrees to start construction within twelve months of the date of this agreement and finish construction within eighteen months of the date of this agreement. Subject however, that prior to actual construction, the plans and specifications for the home must first be approved by the governing body.
DEPOSIT
The Buyer shall pay to the City a deposit of $500.00. This deposit shall be refunded to Buyer at the time of closing provided that Buyer had performed all of the covenants contained in this agreement.
POSSESSION
Possession shall be delivered at the time of closing.
TITLE INSURANCE
The City is to deliver to the Buyer a commitment for title insurance to the above described real estate. The Buyer shall have a reasonable time for their attorney to examine the title insurance policy, and the City shall have a reasonable time to complete any requirements to show that there is merchantable title. The Buyer shall pay the Title Insurance Premium.
TAXES
Taxes and assessments for the year 2004 and all previous years shall be paid by the City. Taxes and assessments for all subsequent years shall be paid by the Buyer.
USE OF PROPERTY
Buyer shall only use the property for a one family dwelling and shall otherwise comply with the requirements of the Code of the City of Plainville. Kansas. Section l6-304.
ESCROW
It is understood and agreed that the deed to said property is to be executed at once and placed in escrow along with the title insurance policy and a copy of this agreement with Jerry M. Smetana, Attorney at Law of Plainville, Kansas, as the ESCROW AGENT. The ESCROW AGENT shall deliver said deed and title insurance policy to the Buyer upon full compliance with this agreement.
CLOSING
Closing shall be upon completion of the residence.
DEFAULT
In the event Buyer fails to comply with any of the terms of this contract, then this contract shall, at the option of the City, become immediately null and void, whereupon all rights of the Buyer hereunder shall end and all monies paid hereunder shall be retained by the City as rent and liquidated damages for said non-performance, and City shall be entitled to retain possession of said real estate, and upon said election all parties shall be released from further liability hereunder. If City does not exercise its option to terminate this contract as aforesaid, City may pursue such other rights as it may have and shall he entitled to whatever other legal or equitable remedies are available to them.
ASSIGNMENT
This agreement shall not be assigned without the prior written consent of the City.
BINDING EFFECT
Time is of the essence of this agreement and all payments must be made promptly and in accordance with the terms hereinbefore set forth. This agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and
year first above written.
__________________________________
________________________________
"CITY"
"BUYER"