Upon this _________, two thousand and eight, at approximately ________, came and appeared before me, Francis Edgar Gijsbertha, LL.M, a civil law notary established on Sint Maarten:
Ms. Emelda Jocelyne Riley, an office manager, residing at R.R. Pantophlet Street 7, Philipsburg, Sint Maarten, according to her declaration not married after having been divorced, born on Saint Martin on January eighteenth, nineteen hundred and forty-nine, bearer of an ID issued on Sint Maarten under number 1949.01.18.76, by these presents acting as attorney in fact of Mister JULIAN HERMAN ROLLOCKS, a businessman, residing at Arch Road 71, Sint Maarten, married, bearer of a passport issued by the Kingdom of The Netherlands under number NU9R15R35; said Mister Julian Herman Rollocks, hereinafter to be referred to as the “Seller”.
Said mandate is evident from a power of attorney, a copy of which after duly authentication, will be attached to the original of this deed.
Mistress JEMUEL LAFLEUR, nee NELSON, a sales and collection agent, residing at Roses Road, Cul de Sac, Sint Maarten, according to her declaration married, born in St. George, Dominica on January twenty-fifth, nineteen hundred and seventy-seven, bearer of ID issued on Sint Maarten under number 1977.01.25.70, hereinafter referred to as “Buyer” or “Purchaser”.
The appearers, acting as aforementioned, declared that pursuant to a sale and purchase agreement Seller has sold to Buyer, who have purchased from Seller, who herewith transfers in ownership, to the Buyer, who herewith accepts in ownership the following immovable property:
a parcel of land having an area of THREE HUNDRED AND NINETY-FOUR SQUARE METERS (394M2), situated at Spring Garden in the district of Upper Princes Quarter, Sint Maarten, described in certificate of admeasurement number 11/2007, herein also to be referred to as “the property”;
which immovable property with more property was acquired in ownership by Seller by means of the transcription at the office of the Registrar of Mortgages on Sint Maarten on September eighteenth, nineteen hundred and eighty seven, in Register C, volume 81, under number 53, of an authentic copy of a deed of sale and purchase giving receipt for the purchase price and waiving the right to demand its dissolution, passed before J.G.M. Speetjens, formerly a civil law notary on Sint Maarten, on September sixteenth nineteen hundred and eighty seven, and further the transcription at the office of the Registrar of Mortgages on Sint Maarten on January fourteenth nineteen hundred and eighty eight, in Register C, volume 84, under number 4, of an authentic copy of a deed of rectification passed before J.G.M. Speetjens, formerly a civil law notary on Sint Maarten, herein to be referred to as “title deed”.
The appearers, acting as aforementioned, declared that the said sale and purchase agreement, was executed in consideration of the purchase price of TWENTY-NINE THOUSAND FIVE HUNDRED AND FIFTY DOLLARS UNITED STATES CURRENCY (us$ 29.550,00), which amount has been paid in full by the Purchaser, by placing said amount at the full disposal of me, the notary. Seller acquits and discharges the Purchaser for payment of the purchase price.
The appearers, acting as aforementioned, furthermore declared, that the terms and conditions of the said sale and purchase agreement, insofar they are not overruled by the present deed are considered to be incorporated literally in the present deed and to form an integral part thereof and that the transfer of title, has furthermore taken place under the following stipulations and conditions:
1. All expenses in connection with the conveyance of the property, including legal charges, fees, taxes, registration and inscription costs are for the account of the Purchaser.
2. The Seller is under obligation to convey to the Purchaser rights, interests and title to the property, which are:
b. not encumbered by attachments and/or mortgages or inscriptions thereof;
c. not encumbered by qualitative liabilities, except by those mentioned in this instrument;
d. not encumbered by restrictive rights, except by the easements mentioned in this deed;
e. not encumbered by other contractual charges and restrictions, except by those mentioned in this deed.
3. In the event the measurements given by the Seller or the further description of the property sold, should be dissimilar or incomplete, neither of the two parties shall be entitled to any rights or claims thereof. With the only exception and to the extent the measurement stated and/or the description has been guaranteed by the Seller, or otherwise have not been given in good faith.
4. The property sold shall be accepted in its present state, upon this date, completely vacated, free from lease agreements or other agreements of usage.
5. The actual delivery of the property in the possession of the Purchaser shall take place immediately after the execution of this deed of conveyance.
6. As from that moment the benefits shall accrue to the Purchaser and the disadvantages and risks in connection with the property are for her account.
7. The documentation in evidence of title to the property and any other documentation pertaining to the property, have been submitted to the Purchaser, to the extent same were in possession of the Seller.
8. Any and all claims which the Seller might have or might be entitled to in connection with the property sold, on third parties, including building contractors, sub-contractors, installers and suppliers, are herewith transferred or assigned to Purchaser. To the extent these claims may not be deemed qualitative rights as referred to in article 6:251 of the Civil Code of The Netherlands Antilles, the Seller shall, at first summon of the Purchaser, cooperate in the transfer or assignment of same.
9. The Seller guarantees the following:
No lawsuit, legal procedure for a binding advice or arbitrage is pending.
Seller is fully authorized and competent to execute and deliver the sale and conveyance of the property.
The property is conveyed free from lease agreements and/or other claims to usage, vacated, empty and not subject to any court claims.
The property sold is neither unlawfully in use by third parties.
The property sold has not been designated for expropriation.
The Seller is not committed or engaged to any third parties by virtue of any preferential right or an option.
No changes to the property sold have been prescribed or announced by public utility companies or by the government, which have not yet been carried out.
He is not aware of any current advisory report or request concerning the property sold or the region within which it is situated, or else of any resolution of designation or registration:
as a protected monument in the sense of any existing Ordinance on Monuments;
as a protected rural or urban town scape or a proposal to that effect in any existing Ordinance on Monuments;
10. With regards to special covenants, qualitative obligations and easements, reference is made to:
A. the ISLAND RESOLUTION ENTAILING GENERAL MEASURES, AB: 2006 under number 18 of May 23, 2006, for approval of the draft-planning permit “Spring Garden” THE EXECUTIVE COUNCIL OF THE ISLAND TERRITORY OF SINT MAARTEN in which is stated: Having reviewed: the application of Mr Julian H. Rollocks owner of the concerned property, for approval of the draft-subdivision plan “Spring Garden” for land located at Sucker Garden, Lower Princess Quarter, submitted to Our Council and bearing the administration number PP-06006; the advice of the director of the sector of Physical Development and Management (ROB) dated May 23, 2006, AZ#3 140/2006; etc…; Considering, that the proposed subdivision plan concerns the creation of several building lots of minimum 400 m2- 1070 m2 between the 22 m and 110 m altitude line to be used for residential purposes and the remaining land above the 110 m altitude line will conserved in its natural state; etc…;
Resolves: to establish (among others) the following conditions:
All buildings and sewage outlet points within the development plan must be connected to a proper septic tank.
Adequate garbage collection facilities should be provided for the development located alongside the public road. Garbage should not be visible from the public road and should be properly fenced in and maintained in compliance with public health standards;
For fences built between the property boundaries and public areas, the height of the boundary fence facing the public roads should not exceed one and one-half meters (1.50 m) in total height from the existing grade.
Along the common boundaries the height of the fence should not exceed two meters (2.00 m) in the case of transparent construction and one and one half meters (1.50 m) meters in case of solid construction;
For the area designated as (R) Residential use, parking facilities for the Subdivision should consist of a minimum of one (1) parking space per two bedrooms I or per individual. Residential unit with a minimum of 2 parking spaces on the building lot;
Excavation must be done in such away to minimize grading to prevent erosion.
Temporary run-off control should be installed prior to any grading activities to prevent any potential excessive silt run-off as a result of grading activities.
Excavations that result in manufactured slopes shall be contoured to simulate natural terrain. Slopes greater than 45 will require retaining walls. Exposed terrace excavations that exceed a height of two (2.00 m) meters in elevation will require retaining walls, subject to the discretion of ROB;
3.11 Retaining Walls
A plan that indicates the retaining walls to be build prior the commencements of the construction of houses should be submitted at de Sector ROB.
4.1. Building density.
a. The calculated building density consists of the percentage of the total covered occupancy building foot print area of’ a building lot.
b. The maximum allowable building density in the area designated as (Ra) is (30%) forty pevent of’ the size of the subject lot.
c, The rnaxi mum allowable building density in the area designated as (Rh) is (25%) twenty five percent of the size of’ the subject jot.
d. The maximum allowable building density in the area designated as (Re) is (20%) twenty percent of the subject lot.
4.2. Building Height.
For the area designated on the Land-Use-Map as (R) the maximum allowable height of the main buildings is limited to two (2) floor levels of which the maximum floor height is three meters (3,00 m) excluding height required for proper roof slopes and foundation;
4.3. Roof slope.
In the event of a sloped roof construction, the roof slopes shall be a minimum of twenty degrees (202) and maximum forty five (45 ) degrees;
The foundation of a building may have a maximum height of one (1.50 M) meter above grade. The high may be increase with the approval of ROB if the site conditions warrant such an increase;
a. The minimum allowable distance between the face of a building and a boundary along a Secondary access road is five (5.00 M) meters.
b. The minimum allowable distance between the face of a building and a common boundary is three (3.00 m) meters.
c. The minimum allowable distance between the face of individual main buildings is five (5.00 m) meters;
4.6 Cistern (water storage).
Each individual building should contain a (water storage) cistern with a minimum capacity of three cubic (3.0 m3) meters per bedroom per building;
Building construction cannot begin until after the infrastructure such as roads, drainage channels and retaining walls are constructed.
The plans for the infrastructure construction may be site-specific, which would allow for the phasing of construction.
5.2. All public utilities will be placed underground. All new infrastructure construction or new facilities of essential services for the project, such as storm water drains, public roads, street lighting, under ground utilities, and similar services will require the approval of the Government prior to execution;
5.3. Other Permits.
The preceding conditions do not absolve the applicant from any other required permits (such as building permits) to realize the plans;
B. The Buyer has the obligation to participate in the Spring Garden Owners Association, an association to be established on Sint Maarten under the Laws of the Netherlands Antilles in which association Buyer is obligated to be a member and to comply with any and all rules and regulations as will be promulgated from time to time and to assume Buyer’s share of all expenses for use, maintenance and repair of the common facilities, such as roads, common sewerage facilities, street lighting, security and other common areas, if any. These charges may include a pro-rata share of garbage collection, security services, maintenance of roads, lighting and other common areas, if any.
C. The Seller reserves the right and easement to install and maintain utility lines, water lines, drainage pipes, sewer lines and any other necessary facilities required for the development of any properties within the subdivision of which the properties is a part. In cases where such easements are not shown on the Cadastral Survey or the subdivision plan, the Seller may exercise the foregoing right with respect to the areas within five (5) feet of any property line, and otherwise in roads, driveways or parking areas, in a manner not inconsistent with the orderly development of the properties. In order to effectuate a standard lighting program throughout the development, which the subject properties shall be a part of, the Buyer agrees to the installation of a lamp post along the roads on which the properties abuts, consistent with other lighting in the development.
11. Buyer herewith acknowledges and confirms that she has received and reviewed a copy of the said letter from the Executive Council of the Island Territory of Sint Maarten addressed to mister Julian R. Rollocks mentioned under sub A. It is understood and agreed upon that the Buyer will have to comply with the said easements, covenants and special conditions and obligations unless the Executive Council of the Island Territory of Sint Maarten grants the Buyer or her successor in title written permission to deviate from any easement, covenant, special condition or obligation mentioned in the said letter from the Executive Council of the Island Territory of Sint Maarten. In the event the Executive Council of the Island Territory of Sint Maarten grants the Buyer or ther successor in title written permission to deviate from any easement, covenant, special condition or obligation, the Buyer or her successor in title may deviate from any easement, special condition or obligation to the extend and insofar as permitted by the Executive Council of the Island Territory of Sint Maarten. The obligations and exceptions to the obligations resulting from the said covenants and this article are furthermore herewith imposed by Seller in the present deed upon Buyer, and accepted by Buyer, and to be imposed upon and accepted by the transferee in case of a future transfer of the hereby transferred property.
12. As far as the said easements, qualitative stipulations and/or specific obligations, which Seller has agreed to impose on Buyer, Buyer by these presents accept the said easements, qualitative stipulations and/or specific obligations mentioned herein and/or in the said title deed. To the extent this implies rights granted to third parties, such rights are herewith likewise accepted by the Buyer on behalf of such third parties.
13. Any and all terms and conditions agreed upon between the Seller and Purchaser to dissolve, cancel or annul the subject agreement of sale and purchase, are herewith voided. Neither the Seller, nor the Purchaser may invoke any of the said terms and conditions.
14. The Seller is under obligation to deliver the property as of today to the Purchaser.
15. Seller and Purchaser give a power of attorney to the persons employed at present or in the future at the Offices of the Custodian of this deed, to act jointly as well as severally, in order to accept the cancellation of mortgage rights and/or inscriptions, to the extent the property at the moment of inscription of this conveyance happens to be encumbered by such rights on behalf of other parties then those assigned by the Purchaser.
For the execution of this deed and all its consequences, the parties involved declare to elect to choose domicile at the offices of the custodian of the original of this deed.
Finally the appearers, acting as aforementioned, declared that for the computation of the transfertax to be levied on this deed, the aforementioned amount of TWENTY-NINE THOUSAND FIVE HUNDRED AND FIFTY DOLLARS UNITED STATES CURRENCY (US$ 29.550,00) amounts to FIFTY-TWO THOUSAND FIVE HUNDRED AND NINETY-NINE GUILDERS NETHERLANDS ANTILLEAN CURRENCY (NAF 52.599,00)
The appearers are known to me, civil law notary.
WHEREOF THIS DEED
has been executed on Sint Maarten in one original copy on the date mentioned in the heading of this instrument. After having related the substance of this instrument to the appearers, they declared unanimously to have examined the contents of this deed and not to require a full reading thereof. Then, after summary reading of this deed, it was signed by the appearers and by me, civil law notary.