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2022-12-19_mj.caron_Déclaration_acheteur_2022-11-17 (ENGLISH).docx
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We, the undersigned, Timothy Thomas Senior et Timothy Thomas Junior, purchaser of private unit U-58 (lot 6 370 516), state as follows: I confirm having been informed, by both the Developer and the Seller (9304-7033 Québec Inc., doing business as Lago Tremblant, that the following items have been modified since the approval of the project’s initial design (as it is depicted in the preliminary agreement and its appendices): The entrance to the indoor parking garage found in Building #2 will henceforth be accessed by means of a hydraulic car lift located near Unit K rather than down Cuttle Street, the whole in order to accommodate servitudes granted in favor of lot 2 802 731; Since neither the sewer network nor the water supply system will be assigned to the municipality of Mont-Tremblant, they will both remain private assets managed by Syndicat des Copropriétaires Lago Tremblant. As set forth in the declaration of co-ownership and the deeds of servitude published in favor of the networks’ beneficiaries, related costs will be allocated among all the users. That being said, none of these changes have any impact on my desire to acquire lot 6 370 516 I acknowledge that the Developer must complete the construction of Building #2, which includes (among other things) common portions for restricted use (namely storage and parking spaces), common portions (such as a hydraulic car lift), and outdoor recreational equipment. I was informed of the existence of a dispute involving the owner of lot 2 802 731 on the matter of planned and/or ongoing work. I acknowledge that such work must be carried out on lot 6 370 533 (which is identified as the « transitional lot » in the declaration of co-ownership) and that, in such a context, the Developer must and will take all the decisions required in order to surrender the project in the shortest possible delays, without having to consult the owners who already purchased their private unit(s). In fact, I was made aware that the date set for the completion of the work may be postponed. I was informed of the fact that Unit FG has filed legal proceedings aimed at restricting the right of the Syndicat des Copropriétaires Lago Tremblant and of its owners of private units to use, as an indoor parking garage, an area subject to the servitude published under number 745 865 of the Cadastre of Québec (registry division of Terrebonne), to which referred Clause 15.7 of the preliminary agreement. I understand that arguments on this matter have been taken under deliberation and that a decision will be rendered shortly. I also understand that the Developer may, upon notification of the court’s ruling and at its sole and absolute discretion, appeal any and all conclusions which, in its opinion, go against the legitimate interests of Syndicat des Copropriétaires Lago Tremblant. Consequently, I hereby authorize the Developer to file any and all proceedings it may deem appropriate without having to consult the owners who already purchased their private unit(s). I was made aware of the fact that the owner of adjacent lot 2 802 732 has filed legal proceedings aimed at gaining ownership of a strip of land found on lot 6 370 533 (which is identified as the « transitional lot » in the declaration of co-ownership) by means of acquisitive prescription. Following a thorough review of all relevant facts and circumstances, it was agreed that the proceedings are well-founded and that the Developer would settle the case accordingly. The surface in issue covers more or less 116.2 square metres. I was also informed that the Developer had agreed with the syndicate acting on behalf of Unit K to replace a rather ancient « walkway » servitude by a right-of-way on foot. The configuration (situs) of such a right-of-way servitude, which covers more less 55.3 square metres, will impact lot 6 370 533 (which is identified as the « transitional lot » in the declaration of co-ownership). Signed in Blainville, on this _________________________ _______________________ Timothy Thomas Senior Timothy Thomas Junior STATEMENT OF ACQUIESCENCE