Standard form of agreement between owner and architect on percentage basis

... 233

Standard form of agreement between owner and architect on fee plus cost basis

... 240

Standard form of agreement between contractor and owner on fixed sum basis

246

248

Standard form of agreement between contractor and owner on cost plus fee basis Standard form of general conditions of the contract 257

The Standard Forms of contract between owner and architect and owner and contractor and the general conditions of the contract are published by courtesy of the American Institute of Architects. The other forms, with the exception of the form for the bill of sale, and the re

vocable license, are published by courtesy of the Title Guarantee & Trust Company of the City of New York.

The reader, in referring to the forms of the Title Company, must bear in mind that they are, many of them, in the statutory form provided by the laws of New York, and that they are adapted especially for use in the City of New York. The corresponding forms in other localities and states will differ in some particulars, but the essentials will in general remain substantially the same. By reference to the various forms, the reader will understand more clearly the references in the text which have to do with the acquiring of the title to the property and those which have to do with the relations between the owner and architect and the owner and the contractor.

CONTRACT OF SALE

AGREEMENT made and dated

hereinafter described as the seller, and

hereinafter described as the purchaser,

between

WITNESSETH that the seller agrees to sell and convey, and the purchaser agrees to purchase all that lot or parcel of land, with the buildings and improvements thereon, in the

Said premises are sold subject to:

1. Building restrictions and regulations in resolution or ordinance adopted by the Board of Estimate and Apportionment of the City of New York, July 25th, 1916, and amendments and additions thereto now in force.

2. Encroachments of stoops, areas or cellar steps, if any, upon street or highway.

All personal property appurtenant to or used in the operation of said premises is represented to be owned by the seller and is included in this sale.

This sale covers all right, title and interest of the seller of, in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the centre line thereof, and all right, title, and interest of seller in and to any award made or to be made in lieu thereof, and in any award for damage to said premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award.

If at the time of the delivery of the deed the premises

or any part thereof shall be or shall have been affected by an assessment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or lien or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the seller upon the delivery of the deed.

The following are to be apportioned:

I. Rents and interest on mortgages.

2.

3.

4.

Rents on gas ranges.

Insurance premiums on existing policies.
Taxes and water rates for the calendar year.

If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title and the unfixed meter charge for the intervening time shall be apportioned on the basis of such last reading.

All notes or notices of violation of law or municipal ordinances, orders or requirements noted in or issued by the Tenement House Department, Fire Department, Building Department, Labor Department, Health Department, or other State or Municipal Department having jurisdiction, against or affecting the premises of the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor.

The deed shall be in proper statutory short form for record, shall contain the usual full covenants and warranty and shall be duly executed and acknowledged by the seller, at the seller's expense, so as to convey to the purchaser, the fee simple of the said premises, free of all encumbrances except as herein stated.

All sums paid on account of this contract, and the reasonable expense of the examination of the title to said premises are hereby made liens thereon, but such liens shall not continue after default by the purchaser under this con

tract.

The risk of loss or damage to said premises by fire until the delivery of the deed is assumed by the seller. The deed shall be delivered upon the receipt of said payments at the office of

at

o'clock on

19

The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties.

The seller agrees that

brought about this sale and agrees to pay the broker's commission therefor.

WITNESS the signatures and seals of the above parties.

IN PRESENCE OF

[L. S.]

[L. S.]

[L. S.]