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| THIS
AGREEMENT is entered
into on the ___ day of ____________________by and between Lost
Horizons Resort Company Limited, a limited company registered
under the laws of Thailand, located at 931 Princess Tower 15
Fl., Charoen-nakorn Road, Klongsarn, Bangkok 10600, Thailand, represented
by Mr. Amorn Anurudhi-korn and/or Mr. Richard Sandler, its authorized
Directors (hereinafter referred to as "the Lessor") on
the one part, and ___________________________________________________________________________________(hereinafter
referred to as "the Lessee,") on the other part.
WHEREAS
the Lessor is the owner of an approximate 50 rai parcel of land
situated on Phra Thong (Golden Buddha) Island of Pang-nga province
which is divided into smaller parcels of land;
WHEREAS
one such parcel shall be leased to the Lessee under the terms and
conditions of this Agreement.
WHEREAS
this parcel of land has an approximate area of _____ meters under
an associated N.S.3.K title document, no.___, vol.____ kho, page
____, land number ____ located at Tambon Goh Phra Thong, Amphur
Kuraburi, Changwat Pang-nga, which shall be hereinafter referred
to as "the said land";
WHEREAS
the Lessor's and the Lessee's objectives are to create a beautiful
and peaceful environment for rest, enjoyment, and creative work;
to make it possible for residents and guests to enjoy and care for
the natural and the built environment within an atmosphere of mutual
respect and common responsibility; and to ensure that the ecology
of the area and its surroundings is preserved and enhanced to the
greatest extent possible.
NOW
THEREFORE, the parties hereto agree as follows:
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The Lessor
shall lease the said land to the Lessee and the Lessee shall
accept the lease of the said land from the Lessor. The location
of the said land is shown on the site plan attached to this
Agreement which shall be deemed a part of this Agreement, as
plot no. ___, measuring __ rai, __ ngarn, and
____ square wah ( _____ square meters in total). |
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In consideration
of the lease of the said land, the Lessee agrees to pay the
total amount of ___________ to the Lessor in accordance with
the following schedule
Upon execution
of this Agreement ____________
Within _____
days of the execution of this Agreement the remainder of _________ |
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The duration
of the lease of the said land under this Agreement shall be
for thirty years from the date of this Agree-ment which is renewable
for an additional period of thirty years without additional
payment to the Lessor except for expenses as provided in Clause
4 hereof. If at any time the Government extends the maximum
allowable term of a land lease, the Lessor agrees to re-register
the lease for the maximum allowable number of years, with the
costs of registration borne by the Lessee. |
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The lease
of the said land under this Agreement shall be officially submitted
for registration to the Land Office of Amphoe Kuraburi, Pang-nga
within 30 working days after the Lessor has received from the
Lessee the amount specified in Clause 2 in full. The Lessor
shall each pay the expenses incurred in the registration of
the said lease. In the event the Lessee wishes to renew the
said lease, the Lessee is required to notify the Lessor in writing
within 90 days before the expiration date of this Agreement.
This request for registration of the renewal of said lease shall
be submitted to the Land Office or appropriate authority within
30 days of the expiration of this Agreement. The lessee shall
be informed by the Lessor of the said renewal. |
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The Lessee
shall only use the said land for residential purposes and not
for any commercial, industrial or any other purposes whatsoever.
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All construction
of fixtures or improvements made or caused to be made by the
Lessee on the said land shall at all times be the property of
the Lessee and shall be within the building lines specified
on the attached site plan so as not the block the views of others.
The rural nature of the area where the said land is situated
shall be maintained by the Lessee. All construction on the land
as aforesaid or any alteration or demolition thereof shall be
in conformity with the construction regulations issued from
time to time by the Lessor or directly and expressly approved
by the Lessor. In addition, in constructing fixtures or improvements
onto the said land, the Lessee is required to comply with Thai
laws and regulations in all respects especially the laws and
regulations concerning building and construction. |
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The Lessor
shall be responsible for clearing paths and common areas, the
construction of a water supply and electricity system to the
said land, and the construction of common grounds and such facilities
determined to be suitable by the Lessor. The Lessor shall provide
or arrange to have provided the following regular services to
the Lessee: supply of water, electricity, security arrangements,
ground maintenance, and any other services agreed upon by mutual
consent(hereinafter collectively referred to as "regular
services"). The Lessee shall pay a monthly fee to the Lessor
or his designated representative for the above-mentioned regular
services at a rate to be determined by the Lessor at a later
date. In using the aforementioned common facilities, the Lessee
shall abide by terms and conditions to be prescribed by the
Lessor. The Lessor has the right to change the said rate and
the terms and conditions for the provision and use of common
facilities at any time without prior notice. |
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The Lessor
reserves the right to cease providing regular services to the
Lessee's plot if the Lessee fails to abide by the conditions
of this agreement. |
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The Lessor
reserves the right to cease the provision of regular services
to the Lessee altogether. Should the Lessor exercise this right,
the provision of such regular services would become the joint
responsibility of the Lessees and owners of plots in the aforementioned
50-rai land parcel. |
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This Agreement
is assignable provided that this Agreement is assigned as a
whole and on the same terms and conditions as stipulated herein.
The Assignee shall assume the rights and responsibilities of
the Lessee under this Agreement existing at the time of assigning
of this Agreement through its validity period. All expenses
in the assignment of the lease will be borne by the Lessee. |
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The Lessee
may rent his fixtures or improvements to a third party only
by the prior consent of the Lessor in writing and at the terms
and conditions agreed upon by the Lessor and the Lessee. |
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In the case
of joint lessees, if one of the lessees dies the survivor will
have all rights under this lease. |
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Should the
Thai Government at any time extend the maximum permissable lease
period, the Lessor agrees to extend this lease to the maximum
allowed. All legal and offical fees will be borne by the Lessee. |
IN
WITNESS WHEREOF, the Lessor and the Lessee
have executed this Agreement as of the day and year mentioned above.
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| Witness: |
The Lessor: |
| ____________________________ |
____________________________ |
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Lost Horizons Resort Co.
Ltd. |
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| Witness: |
The Lessee: |
| ____________________________ |
____________________________ |
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Agreement on Use of Land
at Golden Buddha Beach |
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Site plan of Golden Buddha
Beach |
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Copy of NS3 deed for plot |
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Copy of Power of Attorney
from Lost Horizons Resort Co. au-thorizing Richard Sandler to
sign on company's behalf. |
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| AGREEMENT
ON USE OF LAND AT GOLDEN BUDDHA BEACH |
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All
construction in the community shall seek to further the goals
outlined in the Lease Agreement:
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To create a beautiful
and peaceful environment for rest, meditation, study and
creative work; |
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To make it possible
for residents and guests to enjoy and care for the natural
and the built environment; |
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To create an atmosphere
of mutual respect and common responsibility; and |
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To ensure that the
ecology of the area and its surroundings is preserved
and enhanced to the greatest
extent possible. |
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Residential plots
shall be used for residential purposes only. |
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No industry, business,
trade or commercial activity except for home professional
pursuits without regular visits from the public shall
be conducted, maintained, or permitted on any plot without
prior permission from the Company or its designated representative. |
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No advertising signs
or displays shall be maintained or permitted on any part
of the properties or in any plot therein, nor shall any
plot be used or rented for transient, hotel, or motel
purposes except with the prior written consent of the
Company or its designated representative. |
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No alteration or
remodeling involving the exterior of a building on a plot
may be done without prior permission from the Company
or its designated representative. |
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Each member shall
keep his plot and all buildings on his plot in a clean
and attractive condition. |
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No plot may be legally
sub-divided except with the permission of the Company
or its designated representative. |
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Owners of plots
on the beach must agree to trim trees and shrubs which
block the ocean view from houses built by owners of second
row plots. |
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The half-moon plant
which grows on the boundary between beach and land must
be preserved on at least 50% of the frontage of each plot.
The remaining half-moon bushes can be cut down to no lower
than 3 meters. |
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The common areas
are defined as the paths and other areas, such as the
area around the clubhouse, which are designated as common
areas in the site plan. |
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There shall be no
obstruction of the common areas, nor shall anything be
stored in the common areas without the prior written consent
of the Company or its designated representative except
as hereafter expressly provided. |
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No construction
materials, garbage cans, trash barrels, or other obstructing
personal property shall be placed on the common areas
by the members. |
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The Company or its
designated representative may make such use of the common
areas or other areas owned by the company in the community,
including unsold plots, as may facilitate further development
of the community, including, but not limited to, the construction
of structures and the display of signs. |
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From time to time,
the Company or its designated representative will promulgate
policy resolutions to provide for the safety, protection
of equipment, and good order of the common areas. Common
areas shall be used in accordance with these resolutions. |
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No vehicles, jet
skis, television sets, or air conditioners may be brought
to the property without the agreement of 2/3 of the members. |
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| CONSTRUCTION
OF STRUCTURES: |
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All
construction plans for new structures or for the alteration of existing
structures must be submitted for prior approval to the Company or
its designated representative to ensure harmony with the above-mentioned
goals. The following specific rules will be adhered to in all plans:
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No structure may be constructed
within two meters of a property line.
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No structure may exceed
6.5 meters in height in the first row or 8.5 meters in the
second row.
In general this means that in a two-story structure one of
the dimensions cannot exceed 5 meters.
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The surface covered
by all construction (i.e., total land area covered by structures
including walled-in areas, covered verandas, open decks, staircases
and passageways but not including paved walkways and courtyards
at ground level) may not exceed 12.5% of the area of the plot.
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Structures and trees
should be located on the plot with due regard to preserving
the view of the sea from adjacent plots. Before any cutting
of old growth is done, a cutting plan must be approved by
the Company or its designated representative..
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The design of structures
should aim at enhancing the aesthetic quality of the community
as a whole. Both the style and materials should blend with
nature as well as with the architecture of existing structures.
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All construction should
follow the laws and regulations of the Government of Thailand
and its various agencies.
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Seepage tanks for waste
must be located at a safe distance from water sources and
the sea, the distance to be determined by the Company or its
designated representative.
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In general, members
should pay for services when they end their visit. For members
with positive balances, services may be charged to their member
accounts.
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Members will be expected
to pay the maintenance fee on an annual basis at the beginning
of each accounting period. The accounting period is presently
set at July through June. Management reserves the right to
refuse regular and all services to members who have not paid
their maintenance fees.
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The Company or its designated
representative will annually publish a tariff of user charges,
including the maintneance fee, which will be deducted from
member accounts.
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The Company or its designated
representative may authorize extraordinary expenditures for
unforeseen repairs without consulting the members and assess
members for their proportionate share of the cost of such
repairs.
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Revenues from rental
of private houses will be sent to respec-tive owners or credited
to their accounts according to the mem-bers instructions once
a year.
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Major improvements of
community facilities may be proposed by the Company or its
designated representative or any member. Proposals must be
accompanied by plans and distributed for review to all the
members. If a special assessments of the membership is needed,
it must be approved by 2/3 of those who are assessed.
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| By affixing his/her signature
hereto, the Lessee attests that he fully understands and agrees to
abide by all the rules, conditions, and limitations stated above.
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| ____________________________ |
____________________________ |
| Lessee |
for Lost Horizons Resort
Co. Ltd. |
| ____________________________ |
____________________________ |
| Witness |
Witness |
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