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Introduction
PROPERTY INFORMATION
Name
of Seller:
Belize Holdings, LLC
NOTE:
In this Property Information
section, the words "you" and
"your" refer to the buyer. The
words "we", "us" and "our" refer
to the Seller.
Welcome! Thank you for your
interest in purchasing a lot on
the island of Long Caye at
Lighthouse Reef. The island, and
the lots located on it, are a
unique environment, with many
special topographical and
ecological properties and
characteristics. Although we may
not be required to provide you the
information in this packet, we
have chosen to do so in order to
make your purchase a more informed
one, and to disclose all the
unique amenities and features of
the island to you. Of course, we
are welcome to visit the island in
person.
You
should be aware that as the Seller
is not the developer, the
information and disclosures in
this Property Information section
are merely a summary of
information that we feel would be
important to purchasers.
General
Information
The
lots are located on the island of
Long Caye at the Lighthouse Reef
Atoll (hereinafter, “Long Caye”),
which is located in Belize,
Central America. It is believed
the maximum number of lots that
will use the recreational
facilities, located on Long Caye
in common with other owners of
lots on Long Caye (the "Lot
Owners") is nine hundred
ninety-six (996), subject to
increase or decrease at any time
and from time to time, depending
on a variety of factors including,
but not limited to, revised
development plans, market
conditions and governmental
controls. Pleasure Island Limited
is the primary developer of Long
Caye. In addition, Pleasure Island
Limited is the Declarant under the
Eco-Guidelines and is responsible
for implementing the overall
development of Long Caye.
(Capitalized terms contained
herein shall have the meanings
ascribed to them in the
Eco-Guidelines unless the context
suggests otherwise.)
The
Developer is responsible for the
construction of the infrastructure
and other developmental features
of the island. Additional phases
and lots are planned for this
development. The developer may
adjust phasing and add additional
property to the subdivision at its
discretion, out of the seller’s
control. The developer and owner
of Long Caye is Pleasure Island
Limited, c/o International
Services, Inc., Santiago Gomez, 62
Gabourel Street, Belize City,
Belize, C.A.
All
money figures are provided in U.S.
Dollars. Amounts provided are
subject to vary slightly based on
economic conditions which may
affect the exchange rates between
Belize and the United States.
Title
to the Property and Land Use
A
person with legal title to
property generally has the right
to own, use, and enjoy the
property. You will not have legal
title until you receive a valid
deed (see disclosures below
regarding Belize). We will also
provide you with information about
any land use restrictions and
encumbrances, mortgages, or liens
and some important facts about
payments, recording, and title
insurance. Note that your
contract for sale/parcel purchase
agreement may contain further
details which you should review or
have a professional review before
signing.
Method
of Sale
Sales
Contract and Delivery of Deed
- In connection with the purchase
of a lot, you will be asked to
sign a sales contract (“Parcel
Purchase Agreement”). If you wish
to finance a portion of the
purchase price, we may assist you
by lending you money and securing
your loan with a mortgage against
the property. In general, a total
deposit of ten percent (10%) of
the purchase price will be
required at the time of signing
the sales contract. If your lot
is fully paid at the time of
closing, the deed to the property
(the Belize registered “Land
Certificate”) will be delivered to
you after closing.
The
closing of the purchase of the lot
usually takes place within 150
days after the date on which the
purchase agreement is fully signed
by both parties and you have
received all closing documents,
and in any event, a deed will be
delivered to you within 180 days
after the date when the purchase
agreement is signed by you, or
when applicable by the laws of
Belize, which may require your
full satisfaction of any mortgage
on your lot before a registered
Land Certificate (the Belize
equivalent of a deed) is delivered
to you. A registered Land
Certificate will, however, be
recorded in your name, and held on
file with the Government of Belize
for notice purposes until such
time as your mortgage is
satisfied.
Regardless of the laws of Belize,
the Seller will issue to you,
within 180 days after the purchase
agreement is signed, documentary
evidence that a purchase has taken
place, regardless of any
outstanding mortgages on your
lot. The Seller will registered
these transfer documents in Belize
and you will be afforded all
protections that such documents
provide after being registered
under Belize law. Upon full
payment by purchasers, a
registered Land Certificate will
be delivered to the Seller from
the Government of Belize, which
will thereafter be forwarded to
the purchaser.
Type
of Deed
- The transfer of legal title to
all lots will be by a Belize
Transfer of Land, free and clear
of all monetary liens and
encumbrances except for real
property taxes not yet due and
payable.
Encumbrances,
Mortgages, and Liens
The
lots in Long Caye described in
this Property Information section
are not subject to a blanket lien
or mortgage.
Title
Insurance
In
the event you wish to obtain an
attorney’s opinion of title or a
title insurance policy, we
recommend that an appropriate
professional interpret the opinion
or policy.
Payments
Escrow
- Your earnest money deposits will
be held in escrow pending the
closing by the law firm of Jason
Weaver, Attorney at Law, 3531
Griffin Road, Fort Lauderdale,
Florida 33312. The escrow agent is
an independent third party
authorized to disburse to you all
money you have paid prior to
closing in the event of our
failure to convey title or default
of any other obligation.
Prepayment
- If we finance the purchase of
your lot, there will be no
prepayment penalty, if and when
you decide to prepay your note.
If, on the other hand, an
independent financial institution
finances the purchase of your lot,
you will need to review the
financing documents to determine
whether there is any prepayment
penalty.
Default
- In the event you default in the
performance of any obligation or
covenant under the sales contract
prior to closing or which prevents
closing from taking place, as
provided, we may elect to
terminate the contract and retain
your non-refundable security
deposit, including accrued
interest, if any, or seek any and
all remedies available at law or
in equity. You should review your
sales contract for a full
explanation of the remedies
available to both parties in the
event of default.
The
Use of Your Lot
Covenants
- A declaration of covenants for
Long Caye (the “Eco-Guidelines”)
has been or will be recorded
against the land in the
subdivision in the public records
of Belize. The Eco-Guidelines
contain provisions, which will
require lot purchasers to secure
permissions, approvals or take
other action prior to constructing
upon, using and disposing of a
lot. This discussion pertains to
the Eco-Guidelines in effect as of
12/31/04. The Eco-Guidelines
provided by the Seller may be
updated, amended, or differ. This
discussion is not legal advice and
is not a warranty of the meaning
or interpretation of any
provisions of your Eco-Guidelines.
The
Eco-Guidelines provide for
architectural control of all
properties within the subdivision.
A committee formed by the
applicable property owners
association will oversee
architectural and environmental
control within the subdivision.
The Environmental Review Board
(the “ERB”) will have exclusive
jurisdiction over all original
construction within the
subdivision as well as assuring
that such construction complies
with and abides by the
Environmental Compliance Plan.
The ERB will have the authority to
adopt design guidelines for the
subdivision, as well as
application and review procedures;
provided that such procedures are
consistent with the initial design
guidelines for the subdivision,
which has been implemented. The
property owners association, if
any, may form a Modifications
Committee (“MC”) to have
jurisdiction over modifications,
additions, and alterations made to
existing structures within such
subdivision. The MC may implement
its own guidelines and procedures,
provided they are consistent with
the design guidelines of the ERB.
The
Eco-Guidelines also set out a
number of covenants on use of
property within the subdivision
and also authorize the Board of
Directors of the property owners
association to make and enforce
rules and regulations in addition
to those contained in the
Eco-Guidelines. The Eco-Guidelines
also contain covenants regulating
general restrictions against
offensive activities and unsightly
or unkempt conditions or the
pursuit of hobbies which may lead
to disorderly, unsightly, or
unkempt conditions; prohibits the
discharge of firearms; storage of
combustible liquids, or the
display of any sign unless
approved by the ERB. Prohibitions
against construction of any
exterior structures (except with
permission from the ERB or MC),
obstruction, rechanneling or other
interference with drainage flows
and the subdivision of any lot are
set forth in the Eco-Guidelines.
In addition, the Eco-Guidelines
require lot owners to notify the
property owners association in the
event that a lot is sold or title
to the lot is otherwise
transferred. A complete copy of
the recorded Eco-Guidelines, as
they may be amended or
supplemented at any time and from
time to time are available upon
request.
Easements
- In the Eco-Guidelines there are
easements, which may affect your
plans for building or using your
lot, including, for example,
drainage easements. In an effort
to preserve the natural habitat of
Long Caye, and in order to
accommodate residents’ coexistence
with the untouched habitat of the
island, all lots may have
easements on them which allow
excess rainfall or water to flow
properly and smoothly, throughout
the island. Construction of your
residence or any other structure
on your lot must be done in such a
way so as to allow for natural
drainage. Household drainage
pipes will not be permitted to
empty directly into any wetland
area, or any other water body or
resource on Long Caye and the
surrounding environs. These pipes
will lead to appropriately
designed leach fields in
accordance with designs approved
by the ERB.
Plats,
Zoning, Surveying, Permits, and
Environment
Plats
- The regulatory authorities have
approved the subdivision plans and
plats of specific lots. The plats
covering the lots in this Property
Information section have been
recorded with the Ministry of
Natural Resources and the
Environment. The description of
the lots given in the Belize
Transfer of Land is legally
adequate for the conveyance of
land in Belize.
Zoning
- The lots described in this
Property Information section may
be used for single-family homes or
commercial purposes as designated
in the Master Development Plan,
and such uses conform to the local
zoning and the Eco-Guidelines.
Surveying
- Your lot has been marked for
identification on the Master
Development Plan from the
Developer. If you require a
separate survey of your lot, you
may make the appropriate
arrangements to do so.
Permits
- In order to begin construction
on your lot, you must first submit
an application along with plans
and specifications and a review
fee of Two Hundred Dollars (US
$200) to the Environmental Review
Board “ERB” located at 62 Gabourel
Street, Belize City, Belize, C.A.
011-501-223-3228. Once your
completed application and review
fee have been received by the ERB,
the ERB will review your
application in accordance with and
subject to the Eco-Guidelines and
any other rules promulgated by the
ERB. Details of the review
procedure and required building
standards are found in the Design
Guidelines published by the ERB.
After receiving an approval from
the ERB, you will also be required
to obtain a building permit from
the Belize Building Department,
which is located at 109 North
Front Street, Belize City, Belize,
C.A. Phone: 011-501-227-2308. The
Developer is obligated to obtained
permission for the construction of
boardwalks, which have been or
will be strategically located on
Long Caye, and which shall elevate
the walkways and pathways on Long
Caye to ensure and preserve
environmentally sensitive areas.
The Developer has also obtained
permits for the Piers, which serve
as the temporary point of
disembarkation for all boats
carrying passengers visiting or
occupying a residence or business
on Long Caye. Plans and
specifications for the
construction of docks are subject
to review and approval by the
Government of Belize, Department
of the Environment, the ERB and
the Eco-Guidelines. Some parcels
on Long Caye have been approved
for commercial uses; however, you
must obtain the appropriate
licenses and permits from the
appropriate Belize governmental
entities before operating such a
business within the subdivision.
Environment
- An environmental impact
assessment was prepared for the
development of Long Caye, which
was carefully considered by the
National Environmental Appraisal
Committee (“NEAC”) before
promulgating the Environmental
Compliance Plan for Long Caye.
The Environmental Compliance Plan
discusses various potential
sources of environmental impact
during the development of the
Project, including, for example,
contamination of soil and water
resources, habitat alteration from
clearance of land, accelerated
erosion with subsequent siltation
of water resources due to
construction of the required
infrastructure, alteration of
wildlife in the area, alteration
of possible scenic areas, changes
in population dynamics arising
from the development and potential
impact to fringing and patch
coral. In order to mitigate the
potential sources of environmental
impact during development, the
NEAC promulgated the Environmental
Compliance Plan, which, amongst
other mitigating measures, forbids
any vehicles other than golf
carts, as permitted according to
the Eco-Guidelines, to be used for
transportation on Long Caye. For
more information, you may contact
the NEAC for its recommendations,
which have been incorporated into
the Eco-Guidelines. NEAC may be
contacted through the Department
of the Environment, Government of
Belize, Belmopan, Belize.
Roads
Access
to the Subdivision
Long
Caye is an island unbridged to the
mainland. As such, direct access
to the subdivision may be provided
by boat, sea plane or helicopter,
not automobile. The Developer has,
at no cost to you, completed
construction of two piers on and
extending from the northeast and
northwest side of the subdivision.
Access
within the Subdivision
Long
Caye is being developed on
environmentally sensitive land and
in order to have a minimal impact
on the environment, the Department
of the Environment (the “DOE”) has
promulgated the Environmental
Compliance Plan, which requires
that legal and physical access
within the subdivision be provided
by way of 10-foot wide access
walkways (pathways or trails), in
lieu of paved roadways. No
conventional automobiles will be
permitted on Long Caye; however,
if you own or occupy a lot
permitted for residential use, you
will be permitted to use an
electric or solar-powered golf
cart or if you own or occupy a lot
permitted for commercial use, you
will be permitted to use a
electric, solar or gas-powered
golf cart for transportation on
and throughout Long Caye. The
Developer is in the process of
constructing elevated boardwalks.
To the best of our knowledge some,
but not all, boardwalks have been
completed. The interior walkways
or boardwalks within the
subdivision are or will be owned
and maintained by The Island of
Long Caye Community Association
Limited (also referred to as
“property owners association”).
The Developer is responsible for
the construction of the walkways,
boardwalks and pathways, if any,
at no cost to you. As a lot owner,
part of your annual maintenance
fee goes to contribute to the
maintenance of the interior
walkways, boardwalks and/or
pathways presently and after such
time as the same are conveyed to
the property owners association.
Upon conveyance of such walkways,
boardwalks and pathways to the
property owners association on
Long Caye, the Association shall
assume all future responsibility
for maintenance of such walkways
and pathways so as to provide
access on a year-around basis.
Utilities
Water
As on
many islands in the Caribbean,
water is supplied to the lots
within the subdivision by an
individual water supply and
collection system serving each lot
for which no permit is necessary.
When building, you are required to
construct and each lot must
contain cisterns, bladders or a
water catchment and holding
system, which shall store
rainwater collected. Water to
fill such cisterns or similar
storage tanks may be secured to
the dwelling. In addition, a
reverse osmosis water treatment
system may be used for production
of potable water. The ERB must
approve the reverse osmosis water
treatment system used for the
production of potable water, and
the ERB may restrict any lot owner
the usage of such system based on
the size of the lot, the location
of the lot, the surrounding
owner’s usages of such systems
and/or the impact on the
environment. If an alternate
water source becomes necessary,
the Developer will submit a
proposal for it to the Department
of the Environment at such time,
if ever. Your cisterns, bladders
and/or water catchment and holding
systems should be periodically
emptied and replenished with fresh
water as water stored for extended
periods of time tends to become
stale and may acquire an
unpleasant taste or odor. The
purity and chemical content of the
water cannot be determined until
each individual source of water is
completed and tested.
Sewer
The
Island utilizes composting
toilets, as opposed to septic
tanks or traditional sewer
systems. The Department of the
Environment has approved use of
composting toilets for sewage
disposal in the subdivision. No
permits are required for the
construction or installation of
such composting toilets except as
provided in the Eco-Guidelines. No
other means of sewage disposal
systems will be permitted on Long
Caye unless approved by the
Department of the Environment and
ERB. The Buyer should take
appropriate measures to ensure
that a particular composing toilet
can be installed. Grey water
holding tanks shall be used in
conjunction with drip irrigation
systems for the fertilization of
local planting. Food waste must be
disposed of in composting bins.
Each owner or occupant of a lot
must participate in the recycling
and reclamation program
established for the subdivision.
As such, you are required to
obtain and maintain a composting
bin for food waste, paper products
and any other compostable
materials, along with recycling
bins for crushed metal, cans,
glass and plastic bottles and/or
containers on your lot. Lot owners
must take recyclable materials to
designated waste recycling and
collection sites, which will be
clearly identified and marked
throughout each of the
neighborhoods on Long Caye.
The
fact that you are not required to
obtain a permit for the
construction or installation of a
sewage disposal system will not
have a material adverse effect
upon the availability of
construction or permanent
financing should you decide to
finance your lot with us. Septic
tanks, cesspools and sewers are
prohibited in the subdivision.
Electricity
The
Island uses alternative energy
sources in order to preserve the
natural environment and habitat.
Environmentally friendly
technology such as solar power
shall be the primary sources of
energy on Long Caye. Each lot
owner is responsible for their own
costs and construction of the
means of power on their lot. This
allows each lot owner to
customize, within the boundaries
of the acceptable means of power
generation, their own level and
extent of energy and power. Low
decibel generators may be used for
emergency backup power. The
purchase and charges for street
lighting, if any, in the future,
in the Long Caye subdivision will
be billed to the property owner’s
association and will be paid by
lot owners as a portion of the
Association’s assessment.
Telephone
Satellite phone service or voice
over Internet may be obtained from
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