Beehive Condo Agreement

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Beehive Condo Co-op Purchase Agreement/ Ownership Certificate

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This Agreement (the "Agreement") entered into this (todays date) *

(“effective date Jan. 1st, 2012”) by and between *

First

Last

Phone# *

Cell# *

Address, City, Zip Code *

Email *

an individual (hereinafter referred to as the "Buyer") and Beehive Condominiums, LLC, a Utah Limited Liability Company, dba Beehive condo co-op, located at 885 East Alpine Blvd, Alpine, Utah 84004 (hereinafter referred to as the "BCC"). BACKGROUND A. Buyer desires to purchase a beehive unit from BCC and to have BCC provide the monthly maintenance on an annual basis for said beehive unit. B. BCC is in the beehive business and builds, sells and maintains beehives and harvests and sells beehive products. NOW THEREFORE, the parties hereby agree as follows: 1. Purchase Cost & Annual Membership Fee. a. BCC agrees to sell Buyer one (1) beehive unit. Initial unit cost of *

$476 by paying $24/year until paid in full $376 one time up front

b. Buyer agrees to pay annual membership fees. Annual Membership Fee $24.00 (Paid by): *

Check (Send in Mail) Online (go to store)

a. Any payments made towards the initial equipment cost shall be considered a nonrefundable deposit after one year from the initial purchase agreement date until unit is paid in full. b. The annual membership fee secures the buyer with all rights and privileges of a co-op member for each term the fee is paid and so long as fees are paid on time. Membership fees are nonrefundable. c. Upon payment of the initial equipment cost, member owns a bottom board (One pallet if four hives are purchased), two deep hive boxes (hive body), one medium hive super, thirty frames, two in hive feeders, top lid, honey bee colony, and one queen bee for each unit purchased (“Equipment”). 2. Annual Membership Fee. Upon payment of the annual membership fee listed in paragraph 1.a. above, BCC agrees to maintain the beehive unit(s) purchased throughout the 12 months following the effective date of the agreement (“Annual Maintenance Cycle”). a. At the end of each term of this agreement as defined in paragraph 5.a., buyer may elect to not renew the annual membership fee for the following year. The buyer is requested to give 90 days’ notice prior to the end of the annual membership cycle. If Buyer chooses not to renew the annual membership cycle, buyer foregoes co-op membership prices for the following year but retains all equipment purchased with initial equipment cost. b. BCC may elect to buyback equipment providing there is placement availability, BCC will purchase equipment back from buyer if buyer desires to sell the equipment and the buyer’s annual membership Fee for the current annual maintenance cycle is current. Buyback price is determined at time of buyback and is subject to change. c. Membership wholesale prices for products are subject to change based on operating costs. Buyer will receive 30 days notice from BCC before any price increase. At the point of any increase, buyer may elect to retain equipment and terminate monthly services of BCC. d. Equipment lifespan is infinite so long as the annual membership fee is maintained. Any and all equipment replacement and repairs will be done by BCC. 3. Annual Honey Guarantee. The annual honey guarantee available to buyer for purchase is the average BCC yield in pounds of honey per hive unit. This guarantee is limited to a 30 day time period after notifications are made. Amounts can not be guaranteed after 30 days of notification. There are no other return claims, guarantees or estimations made as part of this agreement. 4. Membership Fee. The membership fee is $24 per year regardless of how many beehive units a buyer owns. The membership fee is payable annually. It is due Jan 1st of each calendar year. All payments received after the 1st day of the month will result in suspension from co-op membership rights and privileges until fees are paid in full. 5. Equipment payments. The minimum annual amount payable towards the unpaid balance of equipment is $24/unit/year. It is due the 1st of the month of the corresponding period and must be received by the 10th day of the month of the corresponding period. All payments received after the 10th day of the month when due will be subject to a $2.00 late fee. Failure to pay equipment fee will result in a lien placement on equipment and equipment may be transferred to a different Pallet number/location. 6. Term and Termination. a. The initial term of this Agreement is one year from the Effective Date and is automatically renewed for an additional year with the payment of each corresponding Annual Membership Fee. b. Either party may terminate this Agreement only in the event of a material breach of the terms and conditions of the Agreement by the other party which breach is not cured within thirty (30) days of written notice from the non-breaching party. c. Possession of equipment by buyer. Buyer may elect to take possession of equipment for personal use, in so doing forfeits all guarantees by BCC. If an unpaid balance remains on the equipment, buyer may take possession of equipment only after the initial unit cost is paid in full. Buyer must provide BCC with 15 days notice prior to equipment pick up if hive is located in Utah or after May 15th if Hive is in California or under sublease. If fewer than four hives are owned a separate bottom board will be provided for each hive. 7. Location of Beehives. Beehives will be placed in varying locations to best maximize honey production. a. BCC Access to Beehives. Buyer agrees that BCC may from time to time inspect, medicate, transport, re locate, transfer, lease/sublease, divide, make queens, utilize hive and/or colony and equipment or otherwise tend to the bees as a means of providing a harvest of various bee products. Buyer agrees and authorizes BCC with any and all access to the equipment in order to provide these and all other functions BCC deems necessary for the well being of the colony without notice. b. Annual Equipment Relocation. Buyer agrees to the annual equipment relocation schedule (subject to change) as set forth in Schedule A attached hereto and by reference made a part hereto. 8. Limitation of Liability. BCC’s liability to buyer shall be limited to direct damages and shall not exceed the amount of fees paid by buyer to BCC hereunder. In no event will BCC be liable for any damage caused by buyer to equipment or colony while in buyer’s possession or on buyer’s property. BCC shall not be liable for any personal injury, property damage or loss of earnings, from any event whatsoever suffered by buyer, even if BCC has previously been advised of the possibility of such damages. Any re-introduction of equipment by buyer to BCC shall be subject to a quality inspection and fee. 9. Force Majeure. BCC shall not be liable for failure to perform its obligations hereunder if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), insect extinction, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo or lockout. No party is entitled to terminate this agreement under paragraph 6.b. (Termination) in such circumstances. 10. BCC Agency. BCC acts solely as agent in all matters relating to transportation, accommodation services and other facilities provided by its suppliers. 11. Choice of Law. The validity, interpretation and performance of this agreement between buyer and BCC shall be governed by the laws of the state of Utah, without regard to conflicts of laws, and by all U.S. federal law. 12. Mediation. Any dispute or claim in law or equity arising out of this agreement or any resulting transaction, including disputes or claims involving the parties to this agreement, their officers, agents, or employees, shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration, litigation, or any other proceeding before a trial of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. If a mediator cannot be agreed upon by the parties, each party shall designate a mediator and those mediators shall select a third mediator who shall act as the neutral mediator, assisting the parties in attempting to reach a resolution. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this agreement and other rights and remedies afforded to them by law. 13. Entire Agreement; Amendments. This agreement, together with any attachments, schedules or exhibits referred to herein, constitutes the entire agreement between buyer and BCC with regard to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, between the parties with respect to such subject matter. This agreement can be amended, supplemented or changed, and any provision hereof can be waived, only by a written instrument making specific reference to this agreement and signed by both parties. IN WITNESS WHEREOF, the parties have executed this agreement as of the “effective date” set forth above. Buyer: *

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I agree to the terms and conditions of this agreement

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