The Canyon Ranch Residences at Bellefontaine Advertising Disclaimer – Full Brochure Disclaimer
CR Lenox Residences, LLC (“Developer”) is developer of The Canyon Ranch Residences at Bellefontaine (the “Residences”) located in Lenox, Massachusetts. Oral representations cannot be relied upon as correctly stating representations of the Developer. For correct representations, please refer to this brochure and to the Unit Purchase and Sales Agreement to be furnished by Developer to Purchaser.
Detailed Review of Rights, Obligations and Benefits Required
The materials being provided and the information contained herein are meant to be a cursory overview of the Residences only and should not substitute a detailed visit and evaluation of the project. Purchasers should carefully review the Unit Purchase and Sales Agreement and the Master Deed for the Residences along with any other governing documents as well as all use and occupancy restrictions that may affect the Residences they might purchase with their legal, accounting, tax and business advisors for appropriate interpretation. All contingencies cannot be discussed in traditional advertising and it is incumbent upon Purchaser to conduct their own due diligence and evaluation. No legal or financial advice is being offered and purchasers are solely responsible for determining whether the purchase is appropriate and suitable based on their own financial status.
Not an Offering of Property
These materials do not constitute an offer to sell, or a solicitation of an offer to buy to residents of any jurisdiction where prior qualification is required unless Developer has previously met such qualifications or exemptions are available. No marketing or sale literature will be knowingly forwarded to or disseminated in such jurisdictions unless Developer has met such qualifications. Any offering or programs contained herein are void where prohibited by law.
Notice to New York State Residents
Developer and its principal(s) taking part in the public offering or sale of the Residences are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interests in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of the Residences is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of the Residences will be directed to any person or entity in or from the State of New York by, or on behalf of, Developer or anyone acting with Developer’s knowledge, nor will any activities by Developer under such circumstances target New York State residents. These disclosures have been made to ensure that Developer has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
Contents of Advertising and Pricing
The sketches, renderings, graphic materials, plans, specifications, completion dates, terms, conditions, prices and statements contained in this advertisement are proposed only, and the Developer reserves the right to modify, revise or withdraw any or all of same in its sole discretion and without prior notice. All references and any illustrations or maps relating to distances are not exact and are intended as only a basic characterization of the project site. Illustrations of the interior of the Residences may depict options and upgrades and may not be representative of standard fixtures, furniture or features and may not be available. Any description of furnishings or fixtures is intended to be illustrative of the quality of fixtures and the furnishings expected to be provided by purchasers for their respective Residence and is not intended to display what will be available in the actual Residences. Please refer to your purchase and sale documents for information on what is being conveyed with your purchase of a Residence. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. Actual improvements may vary from those depicted and views may not be available from all Residences. All references to square footage are approximate and the actual configuration may vary. Differing measuring techniques may also yield different total area of a Residence. All Residences are being sold based upon their type and location without regard to the total size. All references to timeframes and dates are estimates only and are subject to change based on Developer’s construction plans as well as the occurrence of any circumstances that are outside of Developer’s control. Any listed process contained in advertising and other promotional materials are estimates only and are subject to change, at any time, in Developer’s sole discretion.
Condominium Association Membership
Purchasers of Residences will be subject to mandatory membership in The Canyon Ranch Residences at Bellefontaine Condominium Association (“Association”) pursuant to the Master Deed of The Canyon Ranch Residences at Bellefontaine establishing the Residences which includes, among other obligations and restrictions, the obligation to pay dues and assessments for the upkeep and management of the Residences and other services as provided and detailed in such documents. There will be additional fees for use of Canyon Ranch facilities and various services made available to Residence owners, their guests and those renting the Residences. These fees are set by the providers of such services and are subject to change from time to time.
While a rental program may be available for owners to offset costs, the Residences are being sold for personal use and enjoyment and Developer is not making, nor does it condone, any representations about potential income or other profit potential from any such program. There will be no rental pool, pooling of revenues or sharing of expenses among owners in connection with any rental program established at the Residences. Participation in the rental program will involve the payment of fees and expenses as charged by the rental management company, ZC Management, LLC (“ZC Management”) pursuant to a Canyon Ranch Individual Unit Management Agreement. Developer will not be a party to any such management agreement.
CANYON RANCH and CANYON RANCH LIVING (the “Canyon Ranch Trademarks”) are federally registered trademarks owned by CR License, LLC, the use of which has been provided to Developer and ZC Management pursuant to a limited license. CR Operating, LLC and CR License, LLC (collectively referred to as “Canyon Ranch”) have no responsibility for the management or operation of the property being developed by Developer and shall have no liability to purchasers of such property for any claims related to the sale of a Residence, construction performance or the management and operation of the property. Purchasers may individually enter into a separate agreement with ZC Management for the management and rental of their Residence. The use of the Canyon Ranch Trademarks is governed pursuant to the terms of the limited license, and their use by purchasers is prohibited and the continued use by Developer or ZC Management is not guaranteed.
Americans with Disabilities Act
Developer supports and uses its best efforts to secure full compliance with the Americans with Disabilities Act (ADA). Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities and will not tolerate any such discrimination. Developer pledges to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities.
Copyright and Miscellaneous
Unless otherwise designated as such, the project graphics, renderings, Residence floor plans and depictions, and text are copyrighted works owned by Developer. Copyright © 2016 – CR Lenox Residences, LLC - All rights reserved.
Equal Housing Opportunity
Developer is committed to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Developer encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.