PURCHASE CONTRACT OF RIGHT OF USE AND USUFRUCT
CONTRACT No. NATIVE 0000
THE PROMISING SELLER CONSTRUCTORA HOUSES S.A.S.
NIT: 901283483-6
R.L. JUAN DAVID PINTO HERNÁNDEZ
DC No. 13745781 of Colombia
E-mail:
Cell: +57 302 7455664
Address: CARRERA 36 # 48 - 116 FLOOR 2
OFFICE 13
THE PROMISING BUYER NAME:
PASSPORT:
E-mail:
Residence address:
Cell phone:
RIGHT OF USE RIGHT OF USE CODE
VALUE $5,000 USD
PAYMENT DATE
FORM OF PAYMENT FOR THIS CONTRACT
CONTRACT SUBSCRIPTION DATE
Between THE SELLER and THE BUYER, based on the conditions already mentioned, identified as it appears at the bottom of their corresponding signatures, this Promise of Purchase and Sale contract of use rights has been entered into, further governed by the following clauses:
FIRST CLAUSE - OBJECT: THE SELLER is obliged to sell and THE BUYER is obliged to buy, THE RIGHT OF temporary USE of ONE (01) WEEK EACH YEAR to use it on a rotating basis in the Nativo project on the Barú Cartagena Islands and in allied tourist destinations during a term of ten (10) years.
FIRST PARAGRAPH – SCOPE OF THE OBJECT: The right of use will be established in the
as follows: The first year through the use of the Hosting Certificate of the Allied chain, and/or
of the lodging service providers, allied to the program. From the 2nd year on a rotating basis
every year in the Native Project or in any of the allied tourist destinations. THE BUYER
accepts and agrees to comply with the Terms and conditions of use that govern the project
Native to the Barú Islands and each allied establishment that provides their services.
SECOND PARAGRAPH: During the corresponding week of lodging in the Native project of Islas Barú, THE BUYER will enjoy a fully furnished unit, with the services of electricity, water, provision of towels, linens and toiletries, in accordance with the hotel administration and under the responsibility of THE SELLER, who will also manage the property, which THE BUYER expressly accepts. THE BUYER also accepts that THE SELLER may totally or partially replace said obligation with a company he trusts. The project will be subject to the horizontal property regime established in Law 675 of 2001. Said regulation is mandatory for acceptance and compliance.
SECOND CLAUSE - TRADITION: THE SELLER declares to THE BUYER that he is in the process of acquiring full ownership of the property where the real estate units that will be used for the time-sharing system will be built; However, THE SELLER, once it acquires full ownership of the property, will guarantee THE BUYER the right of use and usufruct of the right of use promised in the sale. The foregoing in accordance with articles 1871, 1874 and 1875 of the Colombian Civil Code. The plot of land in question is located at Km 7, internal road of Baru Island, district of Santana, neighbors of the Barú plaza in Cartagena - Bolívar, with a size of 3.5 hectares. The Nativo Fraccionado project is being executed on this lot, which will consist of a total of twelve (50) units, 25 ecodomes and 25 ecoboxes, which will be under a time-sharing system.
FIRST PARAGRAPH: THE SELLER reiterates that the right of use offered has not been promised in any negotiation with any third party other than THE BUYER, nor will it be done concomitantly or after the signing of this contract, so no document will appear to which the I would like to grant you the same or similar legal effects of this contract. All deals prior to this purchase and sale contract of right of use are consolidated or closed with this purchase and sale contract.
THIRD CLAUSE - PRICE AND PAYMENT METHOD: The price of this contract is FIVE THOUSAND DOLLARS ($5,000). Value that will be paid by THE BUYER as follows:
ITEM VALUE PAYMENT DATE
Dollars $5,000 ../../2024
Another ../../2024
SECOND PARAGRAPH: THE BUYER will exclusively make payments, by any of the following authorized means:
INTERNATIONAL PAYMENTS BY CREDIT CARD:
PAYPAL: caribbeanexperienceclub@gmail.com
BANK ACCOUNT IN COLOMBIA FOR RECEIVING BANK TRANSFERS:
Name: HOUSES SAS
NIT: 901283483
Account type: FIDUCUENT
Account No:. 0814-2343
Financial entity: BANCOLOMBIA
SWIFT: COLOCOBM
BANK ACCOUNT IN COLOMBIA IN THE NAME OF THE LEGAL REPRESENTATIVE OF THE COMPANY HOUSES SAS.
In the name of: JUAN DAVID PINTO HERNANDEZ
Account Type: Savings account
Account No.: 912 21 856851
Financial Entity: BANCOLOMBIA
SWIFT: COLOCOBM
ALLIED COMPANY ACCOUNT IN THE UNITED STATES, AUTHORIZED TO RECEIVE PAYMENTS AS AN AGENT FOR RECEIPT OF PAYMENTS FOR THE PURCHASE AND SALE OF WEEKS OF USE RIGHTS OF THE NATIVE PROJECT.
In the name of: RIEM LLC
Account No.: 82200751627
Financial entity: WISE US INC
SWIFT: CMSGUS33
PAYMENT GATEWAYS:
………………………………………………………………………………………………………….
………………………………………………………………………………………………………….
After making the payment by any of the aforementioned means, you must send
to the SELLER a legible copy of said consignment via email
managementhouses@caribbeanexperiencetravels.com and/or WhatsApp +57 302 7455664; only
The payment will be considered effective when THE SELLER has confirmed the veracity of the
consignment. ………………
FOURTH CLAUSE – OBLIGATIONS OF THE PARTIES: 1. THE SELLER undertakes to
transfer the rights of use and usufruct to THE BUYER, up to 24 hours after signing
of this document and the full payment of the value of the marketed right of use. THE SELLER
may postpone these deadlines unilaterally when there are reasons of force majeure, fortuitous event and
unforeseen events in obtaining the corresponding urban planning licenses and/or in construction works,
situations that must be notified to THE BUYER. 2. THE BUYER undertakes to
purchase the rights of use and usufruct agreed here………………. 3. THE BUYER undertakes to
be subject to the Terms and conditions that govern the use and enjoyment of the rights of use that are
they market.
FIFTH CLAUSE - EXPENSES: The expenses caused by the legalization of this contract will be assumed by each of THE PARTIES. -----------------------------------
CLAUSE SIX - PENALTY CLAUSE: In the event of non-compliance with the obligations contracted here by any of the parties, THE BUYER and THE SELLER agree to set 50% of the canceled value as a Penal Clause, in the event that either applies the right of withdrawal.
FIRST PARAGRAPH: In case of use of the right of withdrawal, THE SELLER may retain the sum agreed upon as a penal clause, from the sum already received, as an advance payment in the execution of this contract, and attribute it to the value of said penal clause. If there is a balance in favor of THE BUYER, it will be returned within a maximum period of THREE (03) MONTHS counted from the withdrawal and/or non-compliance, sums that will be returned without any financial return. ------------
SEVENTH CLAUSE – RIGHT OF WITHDRAWAL: The BUYER may unilaterally terminate the contract within 5 days after signing this contract, as long as the BUYER has not enjoyed the contracted right of use; case in which the amounts paid by this to THE SELLER must be returned, less the value established in the penal clause of this contract……………….
EIGHTH CLAUSE - ASSIGNMENT: THE BUYER may only assign this promise of sale contract with prior authorization from THE SELLER; In this case, THE BUYER must carry out all the procedures corresponding to the transfer of rights, in addition, he must send the SELLER an original copy of the contract for the transfer of rights, it is worth mentioning that the transfer must be carried out under the same terms and conditions of the contract. initial…………….
CLAUSE NINTH – VALIDITY OF THE CONTRACT: This document is presumed authentic, in any of the following actions: A. Acceptance on the website of this contract and its terms and conditions, B. When the signature and fingerprint have been filed on original on each of the pages of this contract, from both parties; and the SELLER sends by certified mail to the BUYER, to the physical address registered in this contract. C. By digital signature as provided in Law 527 of 1999, Decree 1747 of 2000, Decree 2364 of 2012, Decree 1413 of 2017, and other current regulations on the matter………….
CLAUSE TEN – ADDITIONAL DECLARATIONS: A. THE BUYER agrees to adhere to the contract that THE SELLER will sign at the time, with the company that will be in charge of the administration of the housing units that will be used for the former's temporary use. ……
THE SELLER is not responsible for unforeseeable situations that may prevent the BUYERS from complying with this contract, such as natural disasters, acts of terrorism, contamination due to a pandemic, or any other reason beyond our control.
CONTRACT No. NATIVE 0000
THE PROMISING SELLER CONSTRUCTORA HOUSES S.A.S.
NIT: 901283483-6
R.L. JUAN DAVID PINTO HERNÁNDEZ
DC No. 13745781 of Colombia
E-mail:
Cell: +57 302 7455664
Address: CARRERA 36 # 48 - 116 FLOOR 2
OFFICE 13
THE PROMISING BUYER NAME:
PASSPORT:
E-mail:
Residence address:
Cell phone:
RIGHT OF USE RIGHT OF USE CODE
VALUE $5,000 USD
PAYMENT DATE
FORM OF PAYMENT FOR THIS CONTRACT
CONTRACT SUBSCRIPTION DATE
Between THE SELLER and THE BUYER, based on the conditions already mentioned, identified as it appears at the bottom of their corresponding signatures, this Promise of Purchase and Sale contract of use rights has been entered into, further governed by the following clauses:
FIRST CLAUSE - OBJECT: THE SELLER is obliged to sell and THE BUYER is obliged to buy, THE RIGHT OF temporary USE of ONE (01) WEEK EACH YEAR to use it on a rotating basis in the Nativo project on the Barú Cartagena Islands and in allied tourist destinations during a term of ten (10) years.
FIRST PARAGRAPH – SCOPE OF THE OBJECT: The right of use will be established in the
as follows: The first year through the use of the Hosting Certificate of the Allied chain, and/or
of the lodging service providers, allied to the program. From the 2nd year on a rotating basis
every year in the Native Project or in any of the allied tourist destinations. THE BUYER
accepts and agrees to comply with the Terms and conditions of use that govern the project
Native to the Barú Islands and each allied establishment that provides their services.
SECOND PARAGRAPH: During the corresponding week of lodging in the Native project of Islas Barú, THE BUYER will enjoy a fully furnished unit, with the services of electricity, water, provision of towels, linens and toiletries, in accordance with the hotel administration and under the responsibility of THE SELLER, who will also manage the property, which THE BUYER expressly accepts. THE BUYER also accepts that THE SELLER may totally or partially replace said obligation with a company he trusts. The project will be subject to the horizontal property regime established in Law 675 of 2001. Said regulation is mandatory for acceptance and compliance.
SECOND CLAUSE - TRADITION: THE SELLER declares to THE BUYER that he is in the process of acquiring full ownership of the property where the real estate units that will be used for the time-sharing system will be built; However, THE SELLER, once it acquires full ownership of the property, will guarantee THE BUYER the right of use and usufruct of the right of use promised in the sale. The foregoing in accordance with articles 1871, 1874 and 1875 of the Colombian Civil Code. The plot of land in question is located at Km 7, internal road of Baru Island, district of Santana, neighbors of the Barú plaza in Cartagena - Bolívar, with a size of 3.5 hectares. The Nativo Fraccionado project is being executed on this lot, which will consist of a total of twelve (50) units, 25 ecodomes and 25 ecoboxes, which will be under a time-sharing system.
FIRST PARAGRAPH: THE SELLER reiterates that the right of use offered has not been promised in any negotiation with any third party other than THE BUYER, nor will it be done concomitantly or after the signing of this contract, so no document will appear to which the I would like to grant you the same or similar legal effects of this contract. All deals prior to this purchase and sale contract of right of use are consolidated or closed with this purchase and sale contract.
THIRD CLAUSE - PRICE AND PAYMENT METHOD: The price of this contract is FIVE THOUSAND DOLLARS ($5,000). Value that will be paid by THE BUYER as follows:
ITEM VALUE PAYMENT DATE
Dollars $5,000 ../../2024
Another ../../2024
SECOND PARAGRAPH: THE BUYER will exclusively make payments, by any of the following authorized means:
INTERNATIONAL PAYMENTS BY CREDIT CARD:
PAYPAL: caribbeanexperienceclub@gmail.com
BANK ACCOUNT IN COLOMBIA FOR RECEIVING BANK TRANSFERS:
Name: HOUSES SAS
NIT: 901283483
Account type: FIDUCUENT
Account No:. 0814-2343
Financial entity: BANCOLOMBIA
SWIFT: COLOCOBM
BANK ACCOUNT IN COLOMBIA IN THE NAME OF THE LEGAL REPRESENTATIVE OF THE COMPANY HOUSES SAS.
In the name of: JUAN DAVID PINTO HERNANDEZ
Account Type: Savings account
Account No.: 912 21 856851
Financial Entity: BANCOLOMBIA
SWIFT: COLOCOBM
ALLIED COMPANY ACCOUNT IN THE UNITED STATES, AUTHORIZED TO RECEIVE PAYMENTS AS AN AGENT FOR RECEIPT OF PAYMENTS FOR THE PURCHASE AND SALE OF WEEKS OF USE RIGHTS OF THE NATIVE PROJECT.
In the name of: RIEM LLC
Account No.: 82200751627
Financial entity: WISE US INC
SWIFT: CMSGUS33
PAYMENT GATEWAYS:
………………………………………………………………………………………………………….
………………………………………………………………………………………………………….
After making the payment by any of the aforementioned means, you must send
to the SELLER a legible copy of said consignment via email
managementhouses@caribbeanexperiencetravels.com and/or WhatsApp +57 302 7455664; only
The payment will be considered effective when THE SELLER has confirmed the veracity of the
consignment. ………………
FOURTH CLAUSE – OBLIGATIONS OF THE PARTIES: 1. THE SELLER undertakes to
transfer the rights of use and usufruct to THE BUYER, up to 24 hours after signing
of this document and the full payment of the value of the marketed right of use. THE SELLER
may postpone these deadlines unilaterally when there are reasons of force majeure, fortuitous event and
unforeseen events in obtaining the corresponding urban planning licenses and/or in construction works,
situations that must be notified to THE BUYER. 2. THE BUYER undertakes to
purchase the rights of use and usufruct agreed here………………. 3. THE BUYER undertakes to
be subject to the Terms and conditions that govern the use and enjoyment of the rights of use that are
they market.
FIFTH CLAUSE - EXPENSES: The expenses caused by the legalization of this contract will be assumed by each of THE PARTIES. -----------------------------------
CLAUSE SIX - PENALTY CLAUSE: In the event of non-compliance with the obligations contracted here by any of the parties, THE BUYER and THE SELLER agree to set 50% of the canceled value as a Penal Clause, in the event that either applies the right of withdrawal.
FIRST PARAGRAPH: In case of use of the right of withdrawal, THE SELLER may retain the sum agreed upon as a penal clause, from the sum already received, as an advance payment in the execution of this contract, and attribute it to the value of said penal clause. If there is a balance in favor of THE BUYER, it will be returned within a maximum period of THREE (03) MONTHS counted from the withdrawal and/or non-compliance, sums that will be returned without any financial return. ------------
SEVENTH CLAUSE – RIGHT OF WITHDRAWAL: The BUYER may unilaterally terminate the contract within 5 days after signing this contract, as long as the BUYER has not enjoyed the contracted right of use; case in which the amounts paid by this to THE SELLER must be returned, less the value established in the penal clause of this contract……………….
EIGHTH CLAUSE - ASSIGNMENT: THE BUYER may only assign this promise of sale contract with prior authorization from THE SELLER; In this case, THE BUYER must carry out all the procedures corresponding to the transfer of rights, in addition, he must send the SELLER an original copy of the contract for the transfer of rights, it is worth mentioning that the transfer must be carried out under the same terms and conditions of the contract. initial…………….
CLAUSE NINTH – VALIDITY OF THE CONTRACT: This document is presumed authentic, in any of the following actions: A. Acceptance on the website of this contract and its terms and conditions, B. When the signature and fingerprint have been filed on original on each of the pages of this contract, from both parties; and the SELLER sends by certified mail to the BUYER, to the physical address registered in this contract. C. By digital signature as provided in Law 527 of 1999, Decree 1747 of 2000, Decree 2364 of 2012, Decree 1413 of 2017, and other current regulations on the matter………….
CLAUSE TEN – ADDITIONAL DECLARATIONS: A. THE BUYER agrees to adhere to the contract that THE SELLER will sign at the time, with the company that will be in charge of the administration of the housing units that will be used for the former's temporary use. ……
THE SELLER is not responsible for unforeseeable situations that may prevent the BUYERS from complying with this contract, such as natural disasters, acts of terrorism, contamination due to a pandemic, or any other reason beyond our control.
ELEVENTH CLAUSE - DECLARATION OF ORIGIN OF FUNDS: To give
compliance with the provisions of Law 190 of 1995 and other related regulations, THE BUYER declares that the resources it delivers in the development of the contractual relationship that originate in this document come from the development of its activities (commercial, professional, services, etc.) and do not come from illegal activities. --------------------------------------------
TWELFTH CLAUSE - PREVENTION OF MONEY LAUNDERING AND
FINANCING OF TERRORISM: The parties undertake to carry out all activities aimed at ensuring that all their clients and their resources are not related to or come from illicit activities, particularly money laundering or financing of terrorism. —
THIRTEENTH CLAUSE - PERSONAL DATA PROCESSING POLICY:
THE SELLER will keep in mind, at all times, that the personal data are the property of the people to whom they refer and that only they can decide about them. In this sense, it will use them only for those purposes for which it is duly authorized, and in all cases respecting Law 1581 of 2012, Decree 1377 of 2013 and Decree 886 of 2014 and the other applicable regulations on the protection of personal information. Therefore, THE BUYER authorizes THE SELLER to process their data for the development and fulfillment of this contract and other relationships that result from it. ------------
FOURTEENTH CLAUSE - DISPUTE RESOLUTION: Any litigation or controversy, derived from or related to this legal act, will be resolved, in accordance with the Arbitration Regulations of the Conciliation Center of the Chamber of Commerce of San Gil (Santander), in accordance with the procedure established by law or by ordinary judicial means, at the convenience of the parties. For the validity of all communications and notifications to the parties, regarding the execution of this contract, both indicate as their respective addresses those indicated in the introduction of this document. The change of address of either party will take effect from the date of written communication to the other party. …………..
FIFTEENTH CLAUSE – TOTAL AGREEMENT AND MODIFICATIONS TO THE
CONTRACT: This contract constitutes the complete agreement between the parties in relation to its object and may be expanded, modified or altered by mutual agreement, through a written document signed by both parties, which will be attached to this contract as an annex, forming an integral part. of the same. - SIXTEENTH CLAUSE - UNILATERAL TERMINATION OF THE CONTRACT: Before the
breach and/or non-execution of the obligations derived from this contract, the fulfilled party may unilaterally terminate the contractual relationship, without prior notice, requirement or judicial declaration, which the partners expressly renounce and for their reciprocal benefit, without prejudice to other legal actions that may arise. Subject to the clauses of this contract.----------------------------------------
CLAUSE SEVENTH - EXECUTIVE TITLE: The parties agree that, for the purposes of collecting the obligations under their responsibility, related to this contract, this document provides executive merit, without the need for private or judicial requirements which they expressly renounce. FIRST PARAGRAPH: For the purposes stipulated in the previous clauses, the parties agree that the handwritten signatures of this promise of sale contract have the same value as the original for judicial or extrajudicial purposes. -----------------------------------------
EIGHTEENTH CLAUSE - ADDRESS: The parties establish as their address for compliance with the obligations agreed here, the municipality of San Gil, department of Santander. —
CLAUSE NINETEENTH - ACCEPTANCE AND APPROVAL: The parties declare that they have carefully read the document signed here and expressly accept its contents, endorsing it with their signatures, duly authenticated, a mandatory requirement for the validity of this document. This contract is entered into and will be executed in good faith and, consequently, binds not only what is expressly agreed upon in it, but also everything that corresponds to its nature, according to law, custom and natural equity……… ……
For record, it is signed by the intervening parties in two copies of the same tenor and a single effect in the municipality of San Gil, department of Santander, on …………… (00) days of the month of …………. of the year two thousand twenty-four (2024).
THE PROMISING SELLER,
………………………………….
JUAN DAVID PINTO HERNANDEZ
LEGAL REPRESENTATIVE
HOUSES S.A.S
managementhouses@caribbeanexperiencetravels.com
Whatsapp: +57 302 7455664
THE PROMISING BUYER,
NAME
DC
Email:
