PUBLIC OFFERING STATEMENT

 

 

THIS PUBLIC OFFERING STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A TIME SHARE PERIOD.

THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, EXHIBITS HERETO, CONTRACT DOCUMENTS, AND SALES MATERIALS.

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECT STATEMENTS OF SELLER REPRESENTATIONS. REFER TO THIS DOCUMENT FOR CORRECT REPRESENTATIONS.

 

 

 

 

INDEX OF CONTENTS AND EXHIBITS

OF

PUBLIC OFFERING STATEMENT

SUMMARY

1. Name and Address of Accommodations and Facilities

          11. Identity of the Managing Entity

2. Name and Address of Developer

          12. Restrictions on the Transfer of any Time Share Period

3. Description of Time Sharing Plan

13. Status of Title to Real Property

4. Description of Recreational and Other Facilities

14. Description of any Judgement Against Seller or Managing Entity

5. Explanation of Time Share Form of Ownership

15. Description of Insurance Coverage Provided

6. Schedule of Commencement and Completion of all Improvements

16. Participation in Exchange Program

7. Total Financial Obligation of Purchaser

17. Addition to Charges to Which Purchaser May be Subject

8. Contracts or Leases to be Signed by Purchasers

18. Estimated Operating Budget

9. Explanation of Purchasers’ Rights of Cancellation

19. Service, Maintenance or Recreation Contracts

        1 0.  Financing to Purchaser

20. Escrow Requirements

21. Occupancy and Use Restrictions on Owners

 

 

 

 

FREEPORT RESORT & CLUB, A CONDOMINIUM

SUMMARY OF IMPORTANT MATTERS AND GENERAL INFORMATION

1. Name and Location of Accommodations and Facilities

The name of this time share resort is FREEPORT RESORT & CLUB, A CONDOMINIUM. FREEPORT RESORT & CLUB is located in Freeport, Grand Bahama Island, Bahamas. The mailing address of the subject property is Post Office Box F-251 4, Freeport, Grand Bahama Island, Bahamas.

 

2. Name and Address of Developer and Identity of Chief Operating Officer

This time sharing plan has been developed and is being sold by CLUB BAHA LTD., a company incorporated under the laws of the Commonwealth of the Bahamas and carrying on business within the Commonwealth. This plan is the first project to be offered by CLUB BAHA LTD. At the time of the filing of this Prospectus with the Government of the Bahamas, the sale of time share weeks in the resort is approximately SIXTY-FIVE (65%) percent sold out. JACK GROBOWSKY is the President and Chief Executive Officer of the Developer. Mr. Grobowsky has a Bachelor of Commerce Degree, C.A. Degree from Canada. The principal address of the Developer is Post Office Box F-2058, Freeport, Grand Bahama Island, Bahamas.

 

3. Description of Time Sharing Plan & No. and Identity of Units

The time sharing plan consists in the submission of the property to a condominium form of ownership, pursuant to the Condominium Declaration attached to this Public Offering Statement. The Developer intends to sell and convey unit weeks in units committed to interval ownership. A unit becomes committed to interval ownership upon recording of the first Deed in said unit conveying a unit week under a plan of interval ownership as defined in the Condominium Declaration. The concept of interval ownership is more fully explained in paragraph 5 below.

The property is divided into SIX (6) BUILDINGS located on the property known as a portion of Lot 3, 4 & 5 Block 2 Bahamia.

These Buildings are designed and constructed as a multi-family apartment complex now subdivided into Fifty-two (52) units (formerly 61) as follows:

(a) Building Nos. 1, 2 and 3 consist of two (2) stories in each building, with each story containing three (3) one (1) bedroom units, for a total of six (6) units in each building and a total of eighteen (18) units in the said Building Nos. 1, 2 and 3.

(b) Building No. 4 consists of three (3) stories, with each story containing three (3) two (2) bedroom units, making a total of nine (9) units in the said Building No. 4.

(c) Building No. 5 consists of a three (3) story building, with each story containing three (3) enhanced one (1) bedroom apartments, for a total of nine (9) units in said building No. 5.

(d) Building No. 6 consists of three (3) stories, with each story containing six (6) studio units, except for the first floor which contains four (4) studio units with the other portion housing the club and lounge area as shown on the building plans. The total number of studio units in Building No. 6 is sixteen (16).

Each one (1) and two (2) bedroom units of the six (6) buildings has the following: a living room, bathroom, kitchen, closets and either one (1) or two (2) bedrooms — and in the studio units, a living area, bathroom, kitchen and closets. The 52 units are set out in the Condominium Declaration as amended.

Upon the purchase of one (1) or more unit weeks, a purchaser shall execute a Purchase Agreement which shall specify the unit weeks and units purchased. Upon payment of the amounts due, a deed of conveyance shall be executed by the Developer in favour of the purchaser, conveying a time share interest under a plan of interval ownership. The interest purchased consists of a Forty (40) year right to use ending in the year 2019 coupled with a remainder interest in common with all other owners of unit weeks.

 

4. Description of Recreational and Other Facilities

The facilities and amenities which are pertinent to the time sharing plan and which are included as part of the purchase price for each time share unit week and for which no additional charges are due other than through the normal maintenance fee payable by each unit week owner, are the following:

(a) a swimming pool and pool deck area; (f) a volley ball court; (I) a trampoline;
(b) a lounge and club room; (g) basketball area (k) an activity area;
(c) a barbecue area; (h) horseshoes; (I) a hot tub and sauna; and
(d) bicycles; (i) shuffle board; (m) a chicki hut and bar area
(e) a tennis court;

All the foregoing facilities are located on the property and have been completed as of the date of the filing of this Public Offering Statement.

The utilities are as follows: pay phone, water, CATV, sewage, power ... etc. All contracted with the respective utility companies with deposits all in place.

 

5. Explanation of Time Share Form of Ownership

Units in this Condominium are being sold under a plan of interval ownership. Interval ownership is a concept whereby a unit or units and a share of the common elements assigned to the unit are conveyed for a period of time, the purchaser receiving a time period for a number of years (viz 40 years or less) together with a remainder over in fee simple as tenant in common with all other purchasers of unit weeks in each such unit in that percentage interest determined and set out in the Declaration of Condominium in the year 2019. As set out in the Condominium Declaration attached to this Public Offering Statement time sharing periods are broken down on a weekly basis which consist of not less than SEVEN (7) DAYS. Unit weeks are computed as follows:

(a) Unit Week No. 1 is the seven (7) days commencing on the first Saturday in each year.

  1. Unit Week No. 2 is the seven (7) days succeeding. Additional weeks, up to and including Unit Week No. 52 are computed in a like manner.

 

(c) Unit Week No. 52 contains the seven (7) days succeeding the end of Unit Week No. 51 without regard to the month and year.

(d) Unit Week No. 53 contains and is comprised of any excess days not otherwise assigned.

All unit weeks run from noon the first Saturday aforesaid of the period to noon on the last Saturday of the period.

The maximum number of units which may be submitted to interval ownership in this Resort is FIFTY-TWO (52) except as otherwise provided, and the maximum number of unit weeks which may be part of the time sharing plan is TWO THOUSAND SIX HUNDRED FIFTY-TWO (2652) — subject to the proviso that additional units may be added on adjoining land.

 

  6. Schedule of Commencement and Completion of All Imorovements

All improvements described in this Public Offering Statement have been completed as of the date of the filing of this Public Offering Statement with the Government of the Bahamas.

 

 

            7.(i) Total Financial Obligation of Purchaser

The total financial obligation of each purchaser is as set forth on the Purchase Agreement exhibited herewith. The obligation of each purchaser includes only the initial purchase price plus closing costs, as set forth on the Purchase Agreement. In addition, each purchaser will be required to pay a maintenance fee, annually, for each unit week owned.

The maintenance fee and assessment shall be as determined, from time to time, by the management. In the event a purchaser chooses to finance the payment of a portion of the purchase price due, the purchaser will be required to pay interest to the Developer on that part of the purchase price financed. Other than as set forth herein, there are no other charges payable by a purchaser to the seller save and except for any special assessments approved by the Board established under the Time Share Act.

(ii) Closing costs at the time of purchase is approximately $250 - $300 to cover applicable registration, recording, legal and closing costs.

 

8. Contracts or Leases to be Signed by Purchasers

Upon the purchase of a unit week, a purchaser shall be required to execute a Purchase Agreement in the form exhibited herewith.

There are no other contracts or leases to be signed by purchasers other than the Purchase Agreement and Addendum. However, as noted in the Purchase Agreement Seller has an agreement with Interval International to provide exchange network services for Freeport Resort & Club owner/members.

 

9. Explanation of Purchasers’ Rights of Cancellation

The Time Share Act — 1984 grants every purchaser the right to cancel the Contract of Purchase and Sale within fifteen (15) DAYS of executing the Contract. However except as provided by the Act each Purchase Agreement shall be binding and not subject to cancellation after the recission period.

 

10. Financing Offered

Installment contracts are permitted where credit has been approved.

A deed is offered on completion of payment. The Purchaser, where applicable, requests financing at the time of signing contract and is required to issue a Promissory Note in favour of the Seller as added security.

 

11. Identity of the Managing Entity

Pursuant to the Condominium Declaration the maintenance and repair for each unit and for all common property of the Condominium and, in each unit committed to interval ownership, the maintenance, repair or replacement of all furniture, furnishings and fixtures within each unit, is the responsibility of FREEPORT RESORT & CLUB CONDOMINIUM, the body corporate. FREEPORT RESORT & CLUB CONDOMINIUM is charged with the operation of the property under the Declaration. The duties and responsibilities of the body corporate are as set forth in the Condominium Declaration as well as in the By-Laws for the body corporate which are attached to this Public Offering Statement. There is no separate written Management Agreement regarding the engagement of any independant manager relative to this time sharing plan. The management office for the FREEPORT RESORT & CLUB CONDOMINIUM ASSOCIATION is at Post Office Box F-2514, Freeport, Grand Bahama Island, Bahamas.

 

          12.  Restrictions on the transfer of any Time Share Period

A unit week owner shall not mortgage or sell his unit week without the approval of the body corporate. All conveyances or sales by a unit week owner shall be in the form used by CLUB BAHA LTD. and shall contain conveyances to uses which binds all persons acquiring title to or in a unit other than directly from the company.

 

 

          13. Status of Title to Real Property

Title to the subject property is presently vested in CLUB BAHA LTD., a company incorporated under the laws of the Commonwealth of the Bahamas, except for units weeks in the Condominium previously conveyed to third party purchasers. CLUB BAHA LTD. is seised for an estate in fee simple of all the hereditaments, premises and improvements in the property. There are no mortgages or liens encumbering the property such that at the time of conveyance of a unit week to a purchaser, said purchaser receives free and clear title to his unit week purchased, subject only to the use restrictions as set forth in paragraph 21. of this Public Offering Statement, none of which restrictions affect the use or the property as a time share resort.

 

14. Description of any Judaement Against Seller or Managing Entity

There are no judgments against the Seller or Managing Entity and there are no pending suits to which the Managing Entity or the Seller is a party, which are material to the time sharing plan.

 

15. Description of Insurance Coverage Provided

CLUB BAHA LIMITED on behalf of the body corporate, FREEPORT RESORT & CLUB CONDOMINIUM, is responsible to insure the property and contents. The insurance premiums payable by the body corporate shall be charged to each unit week owner as a common expense. The insurance provided shall include coverage for property damage, all risk, flood and personal injury insurance, including casualty and liability insurance as needed in all units committed to interval ownership.

 

16. Participation in Exchange Proaram

The Developer has entered into an agreement with INTERVAL INTERNATIONAL, INC., for the purpose of providing a reciprocal exchange program. Such agreement allows for a reciprocal exchange program for member owners at FREEPORT RESORT & CLUB. Seller makes no representations as to INTERVAL INTERNATIONAL and all representations set forth in the brochures and literature of INTERVAL INTERNATIONAL are representations of INTERVAL INTERNATIONAL alone.

 

INTERVAL INTERNATIONAL maintains its principal offices at 6262 Sunset Drive, Miami, Florida, 33143.

 

17. Addition to Charges to Which Purchaser May be Subject

The body corporate, FREEPORT RESORT & CLUB CONDOMINIUM, is the sole entity entitled to alter, amend or add to the charges to which the purchaser may be subject. Such alterations, amendments or additions shall occur only pursuant to the Condominium Declaration and By-Laws, attached to this Public Offering Statement. The only charges subject to alteration, amendment or addition are the purchasers’ maintenance fees and capital replacement assessment.

 

18. Estimated Operating Budget

The operating budgets for the FREEPORT RESORT & CLUB CONDOMINIUM for the current fiscal year is as set forth in the Plan as exhibited herewith.

 

19. Service. Maintenance or Recreation Contracts

There are no other service, maintenance or recreation contracts except those incurred in the normal day-to-day operations of the time sharing plan, all of which can be cancelled by the body corporate at any time.

 

20. Escrow

Pursuant to the laws of the Commonwealth of the Bahamas the Developer has made provisions for escrow requirements.

 

21. Occupancy and Use Restrictions on Owners

The occupancy and use of each unit week is subject to restrictions set forth in the Condominium Declaration. A summary of these restrictions are as follows:

(a) A unit shall be used and occupied only as a single family residence for the enjoyment of the services and facilities provided for such residence.

(b) No immoral, improper, offensive or unlawful use shall be made of any unit.

(C) No owner of a unit or unit week shall place or cause or suffer to be placed in the lobbies, corridors, vestibules or other common areas any furniture, packages or objects of any kind and shall not utilize any such areas for any purpose other than normal passage.

(d) No unit owner shall make any structural modification or alteration in his unit or any installations located therein.

(e) Garments, rugs and the like shall not be hung from windows or balconies of any unit.

(f) It shall be the duty of every unit owner or unit week owner to insure that no undue noise shall be made in his unit and he shall cause reasonable care to be exercised in the use in his unit of musical instruments, radios, television receivers, amplifiers and the like.

(g) No person shall keep any animal in a unit.

(h) A unit or unit week owner may lease his premises subject to compliance with clause 10 of the Condominium Declaration, provided that the use and occupancy is restricted to the lessee and his family and the lessee is bound by all the conditions, restrictions and stipulations to which the unit owner or unit week owner is subject.

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