Professional Documents
Culture Documents
BY AND BETWEEN
-and-
_______________________________________
VENDEE
REEF VIEW RESORT
-and-
WHEREAS, The Vendor has offered to sell, transfer and convey to the Vendee
the (58 NON-VOTING SHARES) of the Reef View which amounts to FULL
OWNERSHIP of the VILLA No./s 2 and 3 hereinafter described, under the
following terms and conditions hereinafter set forth in this agreement; (Attached
herewith and made an integral part of this agreement is a copy of Schedule 3)
WHEREAS, the Vendee agrees to comply with the Terms and Conditions and
Restrictions set forth in this agreement for REEF VIEW RESORT, as formulated by
the Vendor;
4. Not to suffer alter injure disfigure spoil or damage any of the wall ceiling
floors or any other part of the Resort premises including common areas and
to forthwith make good and reinstate such walls floors or other parts of the
Resort Premises;
5. To be responsible for and to fully indemnify the Vendor against all and every
loss and damages whatsoever incurred or sustained by the Vendor as a
consequence of any breach or non-observance of this agreement herein
contained and fully indemnify the Vendor and the Reef View Resort and
effects from and against all actions claims liability costs expenses thereby
arising;
6. Not to make any erection alterations or additions to the Units without the
prior consent in writing of the Vendor and the costs and expenses of any such
alterations or additions shall be borne solely by the Vendor and the Vendor
shall not be entitled to any compensation in respect thereof;
7. To use the Unit or Villas for the purpose(s) as specified in this agreement only
and not to use or permit to be used the Units or Villas for any illegal unlawful
or immoral purposes whatsoever that may affect adversely the interest of the
Vendor or Reef View Resort and not to do or permit to be done any act or
thing which may become a nuisance or annoyance or cause damage or
inconvenience to the Vendor or other Unit or Villa Owners;
8. The Vendee shall be allowed to have possession of the UNIT upon turnover
of the same by the Vendor, either by virtue of a written notice given by the
Vendor or by a written request made by the Vendee. Upon acceptance by
the Vendee of the subject UNIT, all risks of loss or damage to the subject
UNIT, as well as all obligations, and other assessments accruing on the
subject UNIT, shall be for the exclusive account of the Vendee.
The Vendor adheres to the following obligations:
3. The Vendor shall make a monthly rental report for the rental pool and
share the outcome of the report with the Vendees or Unit Owners;
4. The Vendor shall punctually remit the rental income less the rental;
expenses incurred by the Vendor to the vendees once every three months
to the banks of their own choice;
MAINTENANCE FEES
For its services in managing and maintaining the day-to-day operations of the Reef
View Resort in accordance with the terms of this Agreement, the Vendee, if in the
case the Vendee is currently living and residing in the property, adheres to pay
$100 per month for the cost of utilities and maintenance of the property.
In case the Vendee wants to reside or relax in the Villa, prior notice of arrival must
be given to the Vendor within four (4) weeks before the arrival date. The notice
should be sent to our contact number by calling or texting us four (4) weeks before
the arrival date:
The Vendee is allowed to rent out his / her own unit for as long as they wish to.
However, subject to the restrictions set forth in this agreement.
RENTAL POOL
In case the Vendee is not using the Unit or Villa purchased, the vendee hereby
agrees to make the UNIT available to the COMPANY for the purposes of letting the
UNIT to GUESTS as part of the RENTAL POOL under the supervision and
management of the COMPANY subject to the terms and conditions set forth in this
agreement.
In case the Vendee would like to remove his/her unit from the Rental Pool, the
Management shall be notified within one (1) week from the date he/she wants to
remove the Villa or Unit;
The same procedure is given to the Vendee in case he/ she wants to reinstate
his/her unit to the Rental Pool, a notice of one (1) week should be given to the
management.
AIR RIGHTS
However, in case the vendor and vendee mutually agree as to the air rights, both
can do provided that the improvement must contain or add only another story or
two stories.
In case both the vendor and vendee agreed that there is an extension of the unit to
include another story or two stories, they must mutually make profitable
arrangements when the time comes that such additional structure is needed.
The total number of participants/Vendees for each unit in the rental pool for the
monthly calendar shall be divided into the total rental pool income less expense, as
herein defined, available to the rental pool participants, and the resulting figure and
multiplied by each Unit Owner or Vendee participation factor shall equal his income
from the rental pool for the monthly calendar.
The Rental Pool income however shall only be deposited to the Vendee or Unit
Owners quarterly on the account of their own choice.
The Vendor hereby grants to Vendee, while they are currently living at the Resort,
(and Authorized Immediate Family Members) the non-exclusive right so long as this
Agreement remains in effect, to use the Resort Amenities for the purposes for
which, and on substantially the same terms and conditions on which, the Resort
Amenities are from time to time made available by Vendor for use by Resort
Guests.
AS TO THE PERIOD OF STAY
The Vendee Owners have an unlimited length of time to stay in the Villa for as long
as the Vendee shall pay $100 per month for the cost of the utilities and
maintenance of the property.
The Vendee for whatever reason may be allowed to sell his/her own unit/villa to
another person provided that a prior notice within one month shall be given to the
Vendor;
The Vendor will assist the Vendee, in case the Vendee is already decided to sell his
share or unit to another person, by providing rental history and profit statements
for the said unit.
LEGAL COMPLIANCE
As required by the laws of Thailand, each party individually agrees to comply with
all the terms and conditions stated herein and the laws and regulations imposed by
Thailand. One party’s lack of compliance with said required laws and regulations
does not relinquish that party’s obligation(s) set forth in this agreement.
ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the parties and any
prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated
in this Agreement.
GOVERNING LAW
It is agreed that this Agreement shall be governed by, construed, and enforced in
accordance with the laws of Thailand;
EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions
shall be deemed to be in full force and effect as if they had been executed by both
parties subsequent to the deletion of the invalid provision.
ENFORCEMENT
The prevailing Party shall be entitled to collect from the other Party all reasonable
fees, costs, and expenses including attorneys’ fees and costs incurred by the
prevailing Party in connection with: (i) the enforcement of any available remedy
for breach of this Agreement; or (ii) any dispute arising from or related to this
Agreement or the relationship between the Parties.
In the event that any legal suit, action, or proceeding about this contract must be
brought in a court of competent jurisdiction in Thailand, and each party to the
contract irrevocably submits to the jurisdiction and venue of Koh Samui, Thailand in
any such suit;
NOTICES
Any notice provided for or concerning this Agreement shall be in writing and shall
be deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this Agreement.
______________________________ ______________________________
Signature Signature
Represented by:
______________________________ ______________________________
Printed Name Printed Name