Read OMC-Priority Reservation Certificate.indd text version

OCOEE Mountain Club

O C O E E , T E N N E S S E E


O C O E E , T E N N E S S E E



_____________________________________________ Certificate Holder's Name Site Preference _____________________




This document certifies that the above-named individual has a priority selection right at the Grand Opening Event at the Ocoee Mountain Club subject to the terms and conditions set forth on reverse.


1. DEPOSIT AND PRIORITY SELECTION PERIOD. Certificate Holder shall deposit the sum of One Thousand Dollars ($1,000.00) ("Deposit") in the form of a check made payable to the escrow agent identified in these Terms and Conditions ("Escrow Agent"). The Deposit shall be fully refundable, subject to these Terms and Conditions. Developer shall notify Certificate Holder of the date(s) and time(s) when Certificate Holder will be afforded the opportunity, during a limited period of time, to select one or more homesites offered for sale at Ocoee Mountain Club ("Priority Selection Period") and to execute Developer's standard form Lot Purchase Agreement ("Purchase Agreement") for such homesite(s). This opportunity is subject to the availability of unsold inventory in Ocoee Mountain Club. Certificate Holder shall be given the opportunity to schedule an appointment with Developer for the purpose of selecting one or more homesites to purchase ("Selection Appointment"). Provided there are homesites remaining at the time of Certificate Holder's Selection Appointment, the Certificate Holder may select up to two homesites to purchase from Developer. In the event that Certificate Holder executes a Purchase Agreement during the Selection Appointment, Certificate Holder will be entitled to receive such incentives, benefits and discounts as Developer may elect to offer to Certificate Holders, who agree to purchase homesites in Ocoee Mountain Club during the Priority Selection Period. To be entitled to the benefits afforded to Certificate Holders, Certificate Holder must execute a Purchase Agreement to purchase one or more homesites prior to the end of the Priority Selection Period. 2. PRICE, BENEFITS & HOMESITE AVAILABILITY. Certificate Holder acknowledges and agrees that Developer has not yet established a purchase price for the homesites or the exact benefits to be afforded to Certificate Holders and that Developer shall have the right, at Developer's sole and absolute discretion, to establish the purchase price for the homesites, all charges for options, extras and homesite premiums and all discounts, incentives and benefits to be offered to Certificate Holders, such amounts to be set forth in the Purchase Agreement. No assurance is given as to the purchase price to be established by Developer for any homesite or that any particular homesite, or any homesites at all, will be available to Certificate Holder during the Priority Selection Period, since demand for Developer's homesites may exceed the then available homesites being offered by Developer. 3. EXECUTION OF PURCHASE AGREEMENT. If Certificate Holder and Developer enter into a Purchase Agreement, the Deposit shall be delivered to Developer and applied to the amount due as the deposit described in the Purchase Agreement and held by Escrow Agent (or such other escrow agent described in the Purchase Agreement) pursuant to a separate escrow agreement for Purchase Agreement deposits. 4. TERMINATION. Certificate Holder or Developer may elect to terminate these Terms and Conditions at any time for any reason by delivering written notice to the other party and to Escrow Agent. If either party delivers written notice of termination to the other party and Escrow Agent, the Escrow Agent shall, immediately upon receipt of such notice, without qualification and upon clearance of funds refund the Deposit (without any interest) to Certificate Holder. Upon a refund of the Deposit being made, all parties shall be released from all obligations hereunder and any certificates issued in conjunction with these Terms and Conditions shall be null and void. If either party terminates these Terms and Conditions, Developer shall be relieved of any obligation to Certificate Holder concerning these Terms and Conditions and homesites within Ocoee Mountain Club. Notwithstanding the foregoing, it is agreed and understood that if Certificate Holder does not execute a Purchase Agreement during Certificate Holder's Selection Appointment, these Terms and Conditions shall automatically be null and void. 5. MISCELLANEOUS. This is a non-binding agreement and in no event shall it bind Certificate Holder to purchase a homesite in Ocoee Mountain Club. These Terms and Conditions do not convey any interest in property located in Ocoee Mountain Club. These Terms and Conditions constitute the entire agreement between Certificate Holder and Developer with regard to the matters addressed herein and these Terms and Conditions supersede all prior or contemporaneous, written or oral, agreements between Developer and Certificate Holder. Certificate Holder acknowledges that Certificate Holder is not relying on any oral representations or agreements of Developer or any agents of Developer (including any sales representatives) in entering into this agreement. Existing plans and specifications for the homesites and Ocoee Mountain Club, which Certificate Holder may have reviewed, are subject to modification by Developer at any time without notice. Any notice in connection with these Terms and Conditions must be in writing, and will be deemed delivered, whether or not actually received, when deposited in the United States Mail, postage prepaid, registered or certified mail, return receipt requested, or delivered to a nationally recognized overnight courier, postage prepaid, addressed to Developer, Certificate Holder, or Escrow Agent. These Terms and Conditions cannot be modified or amended except by the written agreement of the parties. These Terms and Conditions may not be assigned or transferred by Certificate Holder. 6. NO EQUITABLE RIGHTS; NO RECORDING. Acceptance of the Deposit by Developer shall not create in Certificate Holder any equitable rights in any homesite. Certificate Holder shall not record these Terms and Conditions or any memorandum or notice thereof in the public records. If Certificate Holder violates this provision, these Terms and Conditions shall automatically terminate. Upon the request of Developer, Certificate Holder shall execute such documents reasonably necessary to withdraw such notice or memorandum recorded in the public records. This obligation shall survive the termination of this Agreement. 7. CERTIFICATE HOLDER'S REPRESENTATIONS. Certificate Holder represents that Certificate Holder has read and understands these Terms and Conditions. Certificate Holder acknowledges that this is not a contract to purchase any homesite, and agrees that Certificate Holder shall have no right or obligation to purchase any homesite unless and until Certificate Holder and Developer execute a Purchase Agreement. Certificate Holder represents and warrants that Certificate Holder has not consulted with or been represented by any real estate broker, real estate agent or consultant in connection with these Terms and Conditions or the purchase of any homesite except for representatives of LRC Realty, LLC. 8. DEPOSIT The Deposit shall be held in escrow by Escrow Agent pursuant to an escrow agreement entered into by Escrow Agent and Developer and in accordance with these Terms and Conditions.

____________________________________________ CertificateHold Signature Date

Escrow Agent: Ocoee Mountian Holdings, LLC 1308 NE Business Park Place Jensen Beach, FL 34957


OMC-Priority Reservation Certificate.indd

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