THIS CONDOMINIUM RESERVATION AGREEMENT is by and between
MAGNOLIA CROSSINGS OF FLAGLER, LLC, a Florida limited liability company,
whose address is P.O. Box 354690, Palm Coast, Florida 32135, hereafter
referred to as the Seller, and
whose address is ,
hereinafter referred to as Buyer.
For
valuable consideration, receipt of which is hereby acknowledged, the
parties hereto agree as follows:
Buyer hereby reserves the future right to purchase
Unit No. Seller's proposed
commercial condominium known as MAGNOLIA CROSSING.
Buyer acknowledges and agrees that the Developer has
not yet established a Purchase Price for the Unit or the exact
benefits to be afforded and that the Developer shall have the
right, in the Developer's sole and absolute discretion, to establish
the Purchase Price for the Units, all charges for options, extras
and Unit premiums and all discounts, incentives and premiums to be
offered, such amounts to be set forth in the Sales Agreement.
Simultaneous with the execution hereof, Buyer hereby
tenders to Seller a deposit of $made
payable to the Escrow Agent.
Seller shall immediately deliver the deposit
to the Escrow Agent who shall deposit the money in a non-interest
bearing escrow account.
Escrow Agent shall provide Buyer with a receipt for
the monies deposited by Escrow Agent.
The Escrow Agent's name and address is:
Chiumento & Associates, P.A., 4 Old Kings Road North, Suite B,
Palm Coast, Florida 32137.
The Seller shall comply with Chapter
718, Florida Statutes.
Seller shall present Buyer with a Contract for Sale
and Purchase (the AContract) and the Declaration of Condominium on
or about
If Buyer accepts the condominium documents and
Contract, Buyer shall promptly execute the Contract in accordance
with the instructions submitted and return it to Seller within
fifteen (15) days of receipt to Buyer, in which event the
deposit made shall be disbursed in accordance with the Contract and
Escrow Agreement.
Escrow Agent shall not release any reservation
deposit money directly to Seller except as a down payment on the
purchase price at the time the Contract is signed by Buyer as
provided in the Contract.
If the Buyer does not accept the Condominium
Documents and Contract within the fifteen (15) day period, this
reservation shall be cancelled and the deposit shall be returned to
Buyer .
Buyer and Seller shall at all times , up to Buyer's
acceptance of the Agreement, have the right to an immediate and
unqualified refund of the deposit upon written request to the Escrow
Agent by either the Seller or the Buyer.
ACCEPTANCE OF THE RESERVATION DEPOSIT BY THE
DEVELOPER SHALL NOT CREATE IN BUYER ANY EQUITABLE RIGHTS IN ANY
UNIT. BUYER SHALL NOT RECORD THIS OR ANY MEMORANDUM OR NOTICE
THEREOF IN THE PUBLIC RECORDS. IF BUYER VIOLATES THIS
PROVISION, THIS AGREEMENT MAY IMMEDIATELY BE TERMINATED BY
DEVELOPER, WHEREUPON DEVELOPER SHALL IMMEDIATELY DIRECT ESCROW AGENT
TO REFUND THE RESERVATION DEPOSIT (WITHOUT ANY INTEREST) TO BUYER
WITHOUT QUALIFICATION.
IN
WITNESS THEREOF, the parties have affixed their signature on the
of , 2007