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Terms of Harborside Use and Access Deed

conkyjoe

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Greetings,

Since Atlantis is now in the process of it's Phase III development, the "Core Land" has and will be expanded.

Relative to future use of Phase III Atlantis Amenities, how is the "Core Land" available to Harborside defined in a Phase I Interval verses a Phase II Interval?

It appears to me that the wording in a Phase II contract spells out specific wording relative to the use of Phase III Atlantis amenities, while Phase I wording "may" not.

Are Harborside Resort Phase I owners "exempt" from the Phase III Atlantis usage fees which are levied upon Phase II Harborside interval owners?

Gratefully,
 

conkyjoe

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Harborside Phase II Use and Access Deed Amendments

Well, since this post I've done some addtional research....

From what I can tell Harborside Phase I interval owners are not affected by this amendment (please correct me if I'm wrong):

(To paraphrase):
The amendments will be the Base Fee beginning with the first full budget year of SVO ownership following the Phase III Atlantis Completion Date, the Atlantis Facilities Assessment will be increased by teh increments listed:

HRAII
VOI Type Base Fee Increment Increased Fee
1 BR Annual $122.50 $52.50 $175.00
2 BR Annual $175.00 $75.00 $250.00
3 BR Annual $227.50 $107.50 $335.00

...more to come.
 

tomandrobin

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It seems to me that since the phase 3 expansion at Harborside is available for use by existing phases, that the fees would be paid by all to cover the expenses.
 

conkyjoe

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Future Use of Core Land - Atlantis Phase III (and beyond) usage

tomandrobin said:
It seems to me that since the phase 3 expansion at Harborside is available for use by existing phases, that the fees would be paid by all to cover the expenses.

Just to be clear;the Phase III expansion is on the Core Land at "Atlantis".
I am not aware of any Phase III expansion plans at "Harborside". I believe the spirit of the reply was regarding "Atlantis". ;)

The reason I point this out is that I called SVO and talked to a direct sales rep about this topic and the first thing mentioned was that both Phase 1 and Phase II Harborside Interval owners "currently" pay the same fees for Atlantis use Core Land use. That would be the at Atlantis including the Royal Towers (known as Atlantis Phase II) and all it's current amenities. I had to remind him that the question was not about "current usage" but "future usage of the Core Land". That's when the lights went on. :doh:

Fees for "future use" are explicitly defined within the Phase II "Harborside Resort Condominium II Purchaser's Acknowledgement Use and Access Deed" (effectively an amendment to the original Phase I Use and Access Deed to Atlantis Core Land).

It stands to reason that after Phase III Atlantis completion there will addtional access and use fees for Phase I owners at Harborside as well. :confused:

My question relates more to the explicit contract wording in a Phase I Harborside owners agreement which may "implicitly" grant Phase I owners access to any and all Core Land access at the time the contract was written (without incremental fees). That would assume that the Core Land at the time the contract was written is inclusive of future development on that land, including Phase III/IV/V at Atlantis.

Some of us are lawyers on this BBS, but I am not. It would be intresting to know what exactly the Phase I Harborside Use and Access Deed states because existing and new Phase II Owner must sign this "amendment" at the time of their interval week purchase.

Gratefully,
 

tomandrobin

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conkyjoe said:
Just to be clear;the Phase III expansion is on the Core Land at "Atlantis".
Gratefully,

I knew what you meant by phase 3, the current construction at Atlantis. Wrong choice of words on my part. I always (by habit) refer to atlantis as Harborside.
 

conkyjoe

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Phase I owners have an edge

At the moment Phase I owners don't have explicit terms regarding Phase III Atlantis Use and Access.

It appears that Phase III Atlantis wasn't on the table at the time the Phase 1 intervals were sold. :doh:

That probably won't last for long :bawl:
 
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