AGREEMENT
This Agreement (this “Agreement”) is made between XXX whose principal address is at
[insert address] (the “Owner”), and XXX (the “Recipient”) on this [insert date].
Recitals
WHEREAS, the owner purchased a timeshare from Bluegreen Vacations sometime in May XXX,
and is the owner thereto;
WHEREAS, the recipient wishes to access certain benefits of the timeshare;
WHEREAS, the owner has agreed to add the Recipient to the deed as per the terms of this
agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein,
and in further consideration of the Recitals, above, which shall be deemed to constitute a
substantive portion of this Agreement, the parties agree as follows:
1. ADDITION OF RECIPIENT IN THE TIMESHARE DEED. The Owner agrees add the
Recipient, and the Recipient agrees to be added in the deed relating to the Timeshare
Property known as [insert description of the property].
2. AGREEMENT.
a. The parties agree that if at any time in the future the Owner want to sell the said timeshare, the
Recipient has the right of first refusal to purchase it from Owner at the original purchase price
plus administrative fees (total $13,551) and pay the current transfer fee at the time of the
purchase.
b. The Recipient agrees that he shall sign the selling agreement for Owner to sell it back to
Bluegreen or to a third party at any time, with 100% of the proceeds going to me.
c. The Recipient also agrees that if at any time the parties separate, Recipient will sign the selling
agreement to transfer the title back to Owner and the Owner shall pay the current transfer fee
at the time of the transfer.
3. CLOSING.
(a) Time and Place. Closing or settlement hereunder (the "Closing") shall be
held at [insert address], or such other place as the Owner shall designate, no later [insert date]
(the “Closing Date”).
(b) Delivery of Deed. Upon signing of the Agreement as provided above, the
Owner shall, at Recipient’s expense, execute and deliver to Bluegreen the Deed for the Property
to enable the changes to the said deed.
4. ALLOCATION OF COSTS OF CHANGES TO THE DEED. At Closing, Recipient shall pay
all fees inclusive of taxes and conveyance fees, if any, all costs payable with respect to the
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Change of details in the Deed.
5. OWNER’S REPRESENTATIONS. The Owner represents and warrants to the Recipient
that:
(a) Owner is the sole owner of the property.
(b) Title to be conveyed is good of record, and in fact, marketable and
insurable by title insurance company reasonably satisfactory to Recipient at standard rates and
will be maintained as such during the period of this Agreement.
(c) Owner has not and will not, while this Agreement is in effect, enter into
any other option or contract of sale or execute any deeds, easements, or rights-of-ways affecting
the Property, or otherwise convey or encumber the sale.
(d) There is no litigation or proceeding of any type pending or, to the
knowledge of the Owner, threatened against or relating to the Property or to the Owner’s ability
to add the Recipient in the deed relating to the Property. The Owner knows of no reasonable
grounds or any basis for any such action relative to the Owner or the Property.
6. HEADINGS. The headings of the sections, sub-sections, paragraphs and sub-
paragraphs herein are for convenience only and shall not affect the meanings or interpretations
of the contents hereof.
7. COMPLETE AGREEMENT. This Agreement represents the complete
understanding between the parties hereto and supersedes all prior negotiations, representations
and agreements, whether written or oral, as to the matters described herein. This Agreement
may only be amended by written instrument executed by both parties. No requirement,
obligations, remedy or provisions of this Agreement shall be deemed to have been waived
unless so expressly waived in writing, and any such waiver of any provision shall not be
considered a waiver of any right to enforce such provision thereafter.
8. NOTICES. All notices authorized or required herein shall be in writing and shall
be considered given (a) when hand delivered, or (b) three (3) business days after the same
have been deposited in the United States mails, certified mail, return receipt requested, postage
prepaid, to the parties at the addresses hereinabove or such other addresses as the parties
may, from time to time, designate in writing.
9. TIME OF THE ESSENCE. Time shall be considered of the essence in connection
with this Agreement.
10. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to have the full force and effect of an original.
11. CONSTRUCTION. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, without regard to choice of law.
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IN WITNESS WHEREOF, the parties hereto have caused this Land Purchase Agreement to be
duly executed the day and year first above written.
WITNESS/ATTEST: OWNER:
Tracy May
By: (SEAL)
RECIPIENT:
Brian Luby
By:
Name:
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EXHIBIT A
DEED OF THE PROPERTY
[INSERT A COPY OF THE DEED]
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