• The Indigo Green Foundation



A WORD FROM THE DEVELOPER
FOR NEW OWNERS


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WELCOME

Dear client(s),

The entire team at Indigo Green Development welcomes you at Indigo Green, a new oceanfront community set in last bay to be developed in Sint Maarten. It is with pride and excitement that we welcome each first owner of Indigo Green.

As you may well be very busy coordinating your move-in, we would like to advise you of a number of matters that you need to know early and take care of to help you have a smooth transition and avoid unpleasant surprises. We wish to inform you of matters which are your responsibility as owner to attend to, and offer guidance on how to deal with others.

The purpose of this page is to inform you. It is not intended to create rights and obligations on your part nor ours. We can only highly recommend that you do take the time to read attentively the various documents that govern life at Indigo Green, which are found on these various webpages and you can review and download.

Finally, we would like to point out that some matters need to be dealt with by contacting the developer of Indigo Green, Indigo Green Development B.V., and the builder, GreenBuild N.V., while others are matters will be dealt with by the Indigo Green Foundation (“IGF”).

Here are the main matters you should be aware of so that you can attend to them appropriately.

We wish you many years of happiness and enjoyment in your new oceanfront residence.

MATTERS DEALT WITH BY INDIGO GREEN DEVELOPMENT B.V.
AND GREENBUILD N.V.

Keys, Documentation and Remotes

Upon delivery of your residence, each client will receive a bag containing the keys to the residence, operating manuals for the different appliances, remote controls and warranty documents. Please take note of the manufacturers’ operation instructions and store these for future reference.

Transfer of Insurance

All residences are insured under Indigo Green’s builder’s policy until the 5th business day after delivery and turnover to its owner. It is the owner’s responsibility to put his or her own insurance in place no later than from the 6th business day after delivery. After that their unit will be automatically removed for the builder’s policy since the building will no longer be considered as “under construction”.

Suggested Insurance Company and Broker

Although owners are welcome to chose the insurance broker and company of their choice, Nagico Insurance/ Sun Insurance Broker have been the insurer of all Indigo Green units to date and now has a special rate program for Indigo Green’s owners. Should you wish more information, please call Robin Ramrattan at +1 (721) 544-4626 or email him at SunIns@CaribServe.net.

GEBE – Electric and Water Utility

At the time your residence is delivered and turned over to you, GEBE’s electrical and water meters will already have been hooked up. As we hook up each residence, we request that the bills be electronically sent to the owner so that you may set yourself up online to view your monthly bills.

We highly recommend that you pay your bills promptly as GEBE is known to cut services quite fast. You should receive 2 monthly bills, one for water and one for electricity. GEBE’s website is WWW.nvGEBE.com.

Cisterns

Each villa has a cistern located under its swimming pool that collects rainwater. Inside each cistern there is a variable-pressure pump that is meant to supply rainwater to the hose bibs from where you can refill your pool, irrigate your landscaping or wash you car and deck. This pump only works provided there is enough rainwater remaining in the cistern. An intricate arrangement of valves can enable you to also use this rainwater to supply the villa in case GEBE’s system is not operational.

Should the cistern become dry, the same valves can let GEBE’s water supply the hose bibs, although it is recommended to return to the cistern water when available in order to save water. Please note that both water sources are filtered. It is up to the owner to monitor and replace these filters.

The condominiums buildings also have a cistern to capture rainwater, however the water will be used for community purposes

Telecommunications

Several options are available, wired and wireless. Indigo Green has entered into a two-year exclusive agreement with Telem Group to provide “wired” telecommunications to all Indigo Green owners; we are still working with them on installing the wired infrastructure that we expect should be ready for connection by springtime 2017. Each residence will be connected with fiber-optic service to provide Internet, telephone and TV services.

In the meantime, several wireless services are currently available:

Mobile Telephone

Such services are provided by both of the island’s phone companies. Telem provides a service called TelCel, while UTS’ service is called Chippie. Both offer prepaid and post-paid account, as well as 3G and 4G Internet service. Their website can help you learn of their services and find how to contact them:

Internet Service

Two different companies offer Wi-Max technology to deliver wireless Internet service. UTS provides a service called CaribServe, while the other company is Scarlet. Scarlet’s website is www.Scarlet-sxm.com

Television

There are no local satellite TV companies in Sint Maarten, however, a number of stores in Sint Maarten will sell and install American and French satellite services.

Alarm Wiring

All villas and condos are pre-wired for alarm systems. Presently, Sheriff Security is doing the surveillance for a few of Indigo Green’s residences. Should you want to call them for a proposal, their telephone number is +1 (721) 542-1556.

Exterior Lights

We have installed energy-saving LED lights on the exterior of your residence, and garage if you have one. For the security of the whole neighborhood, it is important that you LEAVE THEM ON ALL THE TIME. There are no switches to turn these lights off as they are controlled by a light sensor that will make them come on and off from dusk till dawn.

Please do not modify this, as it is an IGF requirement to leave them in automatic mode. Leaving these lights on at al time at night will provide maximum security to all for minimum energy costs, while improving the esthetic appearance of all residences.

Propane Gas Tanks

For the occupants’ convenience, most of the villas have gas conduits installed from their kitchen’s cooking appliance and outdoor grill area to the villa’s propane gas storage area. The location of this storage area was planned to accommodate two large 100-pound exterior propane gas tanks. Please read other safety restrictions concerning propane gas tanks that are imposed by the IGF further in this letter. The provision and installation of such propane gas tanks are the owner’s responsibility, as well as making arrangements to refill such tanks

Suggested Propane Gas Suppliers

Many of the propane gas tanks at Indigo Green have been provided, installed and filled by a local company called Tropigas SXM N.V. Tropigas also offers a service to refill the tanks. You may email Paul Cook at Tropigas at Paul@TropigasSXM.com or call him at +1 (721) 547-7066.

Pool Maintenance

The maintenance of each villa’s private pool is the responsibility of the owner. Each villa owner is responsible to maintain the quality and level of his pool’s water, as well as for the maintenance of the pool’s equipment.

Suggested Pool Maintenance Company

The pools have been built by a local company called TCP. TCP has also serviced the pools until the date of delivery. We have negotiated a rebate for Indigo Green owners. TCP will charge $95 for regular size pools for a twice weekly cleaning. This would be billed on the 1st of each month. You may email Caroline at TCP at C.Merx@TCP-BV.com or call her at +1 (721) 587-8690.

Timer for Pool Circulation Pump

We have installed timers to automatically operate the circulation pumps. To assure proper filtration while minimizing electrical consumption and water evaporation caused by water flowing over the pool’s infinity edge, we recommend that the pool timer run between 6 and 8 hours per day. Because the pumps make noise that may annoy some, you may wish to set the timer to operate the pump at hours when you are less likely to be hearing the pumps.

Please bear in mind that power interruptions brought on by the utility company will change the timer’s schedule. It is up to the owner (or his pool maintenance company) to verify the timer periodically to reset the schedule when needed.

Pool Water Level

The water circulation pattern of an infinity pool will cause the water to evaporate more quickly than other pools. If the water level falls too low, there is a risk of damaging the water circulation pump and other equipment. It is each villa owner’s responsibility to monitor the water level and refill the pool accordingly to avoid damage.

We recommend you discuss this with the company doing the maintenance on your pool.

Pest Control

Indigo Green being located in the Caribbean, we recommend you regularly treat your residence, or have it treated, for the usual warm weather insects.

Please call the service of your choice.

Lot Limits

As per the lot plans recorded with Kadaster (locally know as a “Certificate of Admeasurement” or “Meetbrief”) and as per the deeds of transfer, most of the land around the individual villas and condominiums does NOT belong to the individual owners, but is owned by the IGF. This was done in order to reduce each owner’s responsibility for maintenance and to assure better esthetic harmony and maintenance of the whole community. This also means that the owners cannot do as they choose on this land. If unsure, please consult your meetbrief and inquire with the IGF before doing anything beyond the limits of your building and driveway.

Certificate of Admeasurement or Meetbrief

For villa owners, if you need or would like to better understand the boundaries of the villa lot you own, please consult the Certificate(s) of Admeasurement for your lot.

For condo owners in buildings housing condominiums lettered A through H, a set of plans was recorded with Kadaster, which subdivides the buildings and shows the boundaries of each condo unit.

Copies of the Certificates of Admeasurement are available at Indigo Green’s sales office.

Owner’s Share

We also attach to this document a schedule indicating the number of voting rights and share of responsibility of each owner. Owners must pay their dues to the IGF, and homeowners’ association for condo owners, based on these shares.

Addresses

The main road going through Indigo Green is called Green Way Drive, so the address of a villa would be written as follows:

Green Way Drive 29
Indigo Bay
Sint Maarten

The upper road where the first condominiums are being built is called Ocean Drive. All condominiums with letters A through H in their unit number share the same building address, which is 80 Ocean Drive. For example, a condominium address would be written as follows:

Ocean Drive 80, Apt 1A
Indigo Bay
Sint Maarten

Please note that due to its limited size, Sint Maarten does not have postal or zip codes.

Mail

We have met with the heads of Sint Maarten’s Postal Service and they have indicated that, like in other countries, they will NOT deliver to new individual mailboxes and only to central community mailboxes. However, we still have not been able to arrive at a conclusion as to where they want the community mailboxes installed. We hope to arrive at this conclusion in the near future.

Please also note that the mail delivery service in Sint Maarten is not dependable. Therefore, we do not advise using this service for anything that is indispensable. There are alternative delivery services available in Sint Maarten, such as the Mailbox, FedEx, DHL and UPS.

Roofs

The roofs at Indigo Green are built with a patented system called InsulDeck that creates a highly insulated protection, while being very light to reduce the thermal mass. Even as it is designed to withstand hurricanes and earthquakes, the majority of the roof area has only a thin layer of concrete. Because of this, it is most important to never attach anything such as air conditioning compressors or satellite dishes on the roof’s horizontal surface, as this will most certainly compromise the waterproofing integrity of the roof.

Anything that may be allowed to be installed or attached to the roof by the IGF must only be attached to the roof’s vertical surfaces, such as its parapets.

Rooftop whirlpool spas

Several villas have rooftop terraces on which owners plan to install a whirlpool spa (also often called a “Jacuzzi” or “hot tub”). Any owner wishing to do so must insure that such a whirlpool tub must not weigh more than 6,000 pounds including the weight of the water.

Putting a greater load on the roof could put the structural integrity of the roof at risk and cause unpredictable problems including water intrusion, structural collapse and possibly severe injury or worse.

Air Conditioning Condensation

When running the air conditioning in a room, all windows and doors must remain closed. In an oceanfront environment such as Indigo Green, there is constantly a high humidity content in the air. Running the air conditioning with the windows open will not only greatly inhibit the system’s performance and substantially increase its energy consumption, but it will cause the air handler to create excessive condensation.

The consequence of this excessive condensation can be 1) freezing of its coil which will block the air circulation from the unit, 2) shut down of the system, 3) condensation leaking and damaging the wall or ceiling below, and 4) breakdown of the air conditioning system.

Damage caused by such misuse will not be covered by any warrantee. Subject to the manufacturer’s conditions, this may even void its warranty

Equipment Warranties

As per the purchase agreements with all our clients:
The Warranty [provided by Indigo Green Development B.V. and GreenBuild N.V.] excludes the warranties for items provided by suppliers or manufacturers, which items include, without limitation, air conditioning systems, kitchen appliances,… water heaters, pool systems, filtration systems, solar systems and any other consumer products.”

Deficiencies and Repairs

It is possible that your new residence may require corrective work to address deficiencies or repairs. Just before handing the keys over to each owner, we do a walk-through of the residence with you to establish a deficiency list (a punch-list) of any items that may need completion or correction. These will be completed as quickly as materials and labor are available. Any issues relating to scratches, dings, chips, stains, fingerprints and other such deficiencies must be reported at the walk-through. We are sure you will understand that we cannot be responsible for any damage that may have been caused by movers, installers or anyone else after we have handed the keys over to you.

As residences are delivered, it becomes impossible for us to manage these issues from memory. Any other deficiencies or issues that may need repair must be reported in writing as promptly as possible; we cannot be expected to remember each and everyone’s outstanding issues. Any request for remediation should be sent email. Please attempt to be as precise as possible in your description of the issue, this will hopefully help us understand what resources are needed and save some time in getting it resolved. It is important that you send your requests to Attention@IndigoGreen.SX so that we may coordinate and monitor the different resources that must be used and their progress.

Many issues may need to be addressed by personnel other than our own. Although we instruct them on the work to be performed, because we no longer have free access to your residence and because this work often needs to be coordinated with the owner, we often are not immediately aware if something was not completed. As the residences become inhabited and even if you leave us your key, it becomes difficult for us to access and especially monitor this progress, please remind us in writing if you feel something has not been addressed.

Policies Regarding Third-Party Installations

As more and more of Indigo Green’s residents take possession of their unit, we felt it important that we clarified certain issues. We are referring to products and services that are not provided with your villa or condo by Indigo Green Development B.V. or GreenBuild N.V. (for easier understanding, in this section only, both are referred together as “IGD”).

Although already mentioned in your purchase agreements, we feel that it is necessary to remind all owners of the following policies regarding work, products and services provided by other parties:

  1. Client Appliances and Plumbing Hardware — Appliances, plumbing faucets and hardware that are not sold by IGD, are not to be installed, handled or even moved by IGD. This is be the sole responsibility of the unit owner after taking possession.
  2. Client Countertops — If a client chooses to supply his own kitchen or bathroom countertops, IGD will no longer provide the sinks or faucets, nor will we install them. Furthermore, IGD will not install the dishwasher, because it needs to be attached to the countertop and IGD cannot risk becoming responsible for possible damage to the counter.
  3. Client Kitchen or Bathroom Furniture — If a client chooses to install his own kitchen or bathroom cabinets, IGD will undertake no further countertop work, nor will it install plumbing fixtures, sinks or appliances on or in such furniture. In the rare occasion where IGD might provide some hardware to the client, IGD will not install it, or warrantee it. It will be the Owner's responsibility to have these installed and IGD’s warrantee shall be voided.
  4. Client Floor Tiling — If a client chooses to install his own tiling on the floor or shower wall(s) of one or more bathrooms, IGD will no longer be responsible for installing the shower enclosure in that bathroom. It will be the Owner's responsibility to have the shower enclosure installed and IGD's warrantee will be voided.
  5. Electrical Fixtures — IGD does not provide any interior surface mounted light fixtures or ceiling fans, nor will it take the responsibility of installing them. It will be the Owner's responsibility to have these installed and the warrantee on the electrical work provided by IGD’s contractor having built the unit may be voided. In order not to void the guarantee provided by IGD’s contractor, it is strongly recommended that the client hire the same contractor to install its electrical fixtures and appliances.
  6. Other Items to be installed — The same policy will apply to other client-supplied items such as shower enclosures, mirrors, closet interiors, bathroom towel bars, toilet paper holder and other similar products. IGD is not staffed to install these items for its clients, nor can it warrantee these products and their installation.
  7. Interior Painting – IGF only provides interior walls in its standard off-white color and does not provide custom colored walls. Should a client wish to change the color of any of its interior walls or ceiling, there are several contractors in Sint Maarten that can accommodate this service. However, as with the previous issues, we strongly recommend hiring the contractor that performed the work for IGD. Should some touch ups need to be made to other walls, this painter will be able to match those colors better than any other.
  8. Client's Responsibility — In all these cases above, such items supplied by the client can only be installed by the client's contractor after 1) the villa’s or condo’s Punch List inspection, 2) the full payment of the Purchase Price and 3) the Delivery of the unit. The client shall become fully responsible for the coordination of such installation work, providing access to the secured premises, supervising and approving the work, settling with the contractors and all related warranty work.
  9. Recommendations — In most cases, IGD recommends that the client should contract to have the work done directly with IGD’s contractor having done the initial work in the unit in order to minimize finger pointing and disputes should anything not go as expected.
  10. Disclaimer — IGD will not warrantee electrical or plumbing connections made under agreement between its clients and others. IGD will not warrantee any installation or work that it has completed after IGD’s work has been tampered with by someone else. This shall remain the case even if such work was performed by a contractor that IGD regularly employs.