**INTRODUCTION** The COVID-19 pandemic has placed unprecedented demands on those who serve and protect our families and communities. These individuals are modern day heroes – risking their lives and well-being to ensure our continued safety and security. Rancho Mission Viejo very much appreciates the commitment and sacrifice of these heroes, and wants them to know that they are always welcome at “The Ranch”.
The Ranch Is Home to Heroes Program is intended to augment certain incentive programs offered by neighborhood builders engaged in the construction and sale of new homes in the Village of Esencia. Specifically, these neighborhood builders have established individual programs that offer benefits to heroes who purchase new homes in the Village of Esencia. Rancho Mission Viejo wishes to further support each home-buying hero by offering additional benefits (in the form of a $2,500 homeowners association credit) that will be provided upon the hero’s completion of a new home purchase within the Village of Esencia. By supplementing the neighborhood builders’ incentive programs, Rancho Mission Viejo looks forward to providing a welcome gift to these newest – and most-deserving – members of The Ranch community.
1. Program Sponsor. The Ranch Is Home to Heroes Program (“Program”) is sponsored by RMV PA2 Development, LLC (“Sponsor”).
2. Program Area. This Program relates solely to that master planned community located in southern Orange County, California commonly known as the “Rancho Mission Viejo” (the “Community”) and, more particularly, to that portion of the Community known as the “Village of Esencia”.
3. Neighborhood Builder Incentive Programs; Participating Builders. This Program augments the following neighborhood builder incentive programs that, as of the Program Effective Date (see Section 6, below), are offered in connection with the purchase of a new home in the Village of Esencia:
The foregoing incentive programs are hereafter collectively referred to as the “Hero Incentive Programs” and each as a “Hero Incentive Program”. The neighborhood builders responsible for offering the Hero Incentive Programs are hereafter collectively referred to as the “Participating Builders” and each as a “Participating Builder”.
4. Authorized Participants. The Program is open solely to individuals who:
Individuals meeting the foregoing requirements are hereafter collectively referred to as “Home-Buying Heroes” and each as a “Home-Buying Hero”.
5. Description of Program; Hero HOA Credits. If:
then, subject to all other Program conditions, requirements and restrictions, Sponsor shall pay to the Rancho Mission Viejo Master Maintenance Corporation (“Rancho MMC”) an amount equal to Two Thousand Five Hundred and No/100 Dollars ($2,500.00) to be applied as a credit against the Home-Buying Hero’s General Assessment association dues (“Hero HOA Credit”).
6. New Program Period; Updated Official Rules.
7. Eligibility Requirements. For a Home-Buying Hero to be eligible to receive a Hero HOA Credit under this Program, the following requirements must be satisfied:
8. Ineligible Parties. Individuals who fail to satisfy all terms and requirements established for participation in (and receipt of benefits under) the Participating Builder’s Hero Incentive Program may not participate in this Program.
9. Provision of Hero HOA Credits.
a. Notification of Award. Following Sponsor’s confirmation that all Program conditions and requirements have been satisfied (including verification that escrow has successfully closed with respect to the Sales Contract and that the Home-Buying Hero has received from the Participating Builder the benefits ascribed under the Participating Builder’s Hero Incentive Program), Sponsor and/or its affiliate(s) shall notify and advise Rancho MMC regarding (i) Sponsor’s award of the Hero HOA Credit and (ii) the identity and address of the Home-Buying Hero (i.e., new property owner) who is to receive the Hero HOA Credit.
b. Payment and Application of Hero HOA Credits. All Hero HOA Credits payable by Sponsor pursuant to this Program shall be tendered directly to Rancho MMC; no monies will be paid to Home-Buying Heroes. Sponsor shall endeavor to process and pay each Hero HOA Credit to Rancho MMC within ninety (90) days following the Home-Buying Hero’s successful close of escrow on his/her Sales Contract and his/her receipt of benefits under the Participating Builder’s Hero Incentive Program. Upon receipt of any Hero HOA Credit pursuant to this Program, Rancho MMC shall apply said amounts against the Home-Buying Hero’s General Assessment obligations until such time as the Hero HOA Credit has been exhausted. No Home-Buying Hero shall be entitled to receive a credit against his/her General Assessment obligations pursuant to this Program unless and until (i) Rancho MMC receives the corresponding Hero HOA Credit from Sponsor and (ii) the credit appears on the periodic assessment statement issued by Rancho MMC to the Home-Buying Hero.
c. Home-Buying Hero’s Responsibility for Other Fees and Assessments. Notwithstanding Sponsor’s tender of payments to Rancho MMC, the Home-Buying Hero shall be obligated to pay any and all amounts due to Rancho MMC that exceed the value of the Hero HOA Credit.
d. No Transfer of Hero HOA Credits; No Payments or Refunds. No Hero HOA Credit (or portion thereof) may be transferred or applied for the benefit of another homeowner or individual within the Community. Moreover; Rancho MMC shall not refund, return or pay to the Home-Buying Hero any portion of the Hero HOA Credit.
10. Tax Obligations. For any Hero HOA Credit awarded and paid by Sponsor pursuant to this Program, the receiving Home-Buying Hero shall be responsible for the calculation and payment of any taxes that are associated with Sponsor’s payment of the Hero HOA Credit for the benefit of the Home-Buying Hero. If required by applicable law, Sponsor and/or its affiliate(s) shall prepare and transmit to the Home-Buying Hero a statement of miscellaneous income or similar tax reporting document (e.g., I.R.S. 1099 Form).
11. Other Program Conditions and Restrictions.
12. Publicity. Acceptance of any Hero HOA Credit by a Home-Buying Hero constitutes permission for Sponsor to use the receiving Home-Buying Hero’s name, address, photograph, video tape, film or any other likeness, including his/her voice, recorded or live, for purposes of Sponsor’s advertising and promotion in any and all forms of media without further compensation, except where prohibited by law. By accepting the Hero HOA Credit, the Home-Buying Hero further agrees to hold Sponsor blameless and without liability for such publication, broadcast or use.
13. Conduct of Participants. The failure by any Home-Buying Hero to comply with these Official Rules or other instructions of Sponsor may result in the Home-Buying Hero’s disqualification from this Program in Sponsor’s sole discretion. Each Home-Buying Hero further agrees to comply with and be bound by the decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering or attempting to tamper with this Program.
14. General Provisions. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Program-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), the discrepancy will be resolved in Sponsor’s sole discretion. Sponsor is not responsible or liable to any Home-Buying Hero or any person claiming through a Home-Buying Hero for failure to supply a Hero HOA Credit by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, terrorist acts, threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Sponsor’s sole control. Sponsor may modify and amend these Official Rules as they appear in print or online from time to time during the conduct of this Program for clarification purposes without materially affecting the terms and conditions of this Program. Sponsor is not responsible for any typographical or printing errors in the advertising of this Program, these Official Rules, the HAF, website pages or other promotional materials.
15. Termination or Changes. Sponsor reserves the right to terminate this Program at any time without notice to the extent permissible by law. Sponsor may modify the Official Rules (including any updates thereto) from time to time, to the extent permissible by law, with or without notice, and continued participation in this Program after such modification shall be deemed to be acceptance of any such modification. It is each Home-Buying Hero’s responsibility to check the Official Rules that can be found at the Program web-site or available by mail (see Section 18, below) regularly to determine whether the Official Rules have been modified. If a Home-Buying Hero does not agree to any modification of the Official Rules, said individual must immediately cease participation in this Program.
16. Choice of Law; Venue. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Home-Buying Heroes and Sponsor in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for its conflicts of law doctrine, and all proceedings shall take place in Orange County, California.
17. No Responsibility for Personal Information. Sponsor is not responsible for the security of any personal information that is provided by any Home-Buying Heroes (pursuant to the HAF or otherwise).
18. Copy of Official Rules. For a copy of these Official Rules, please send ‑ not later than thirty (30) days following the Program Termination Date ‑ a self-addressed stamped envelope in a separate, first class stamped envelope to:
19. Questions Regarding Program. Please present all questions regarding this Program (including eligibility requirements, the HAF and the award of Hero HOA Credits) to the Participating Builders’ sales offices. If the Participating Builders’ sales offices are unable to answer a particular question, said offices may contact the Sponsor for assistance in resolving the question. Sponsor will respond only to questions presented by the Participating Builders’ sales offices; Sponsor will not accept direct inquiries or questions from Home-Buying Heroes or others regarding this Program. The Participating Builders’ sales offices shall be responsible for relaying Sponsor’s answer/information to the party who presented the question. Notwithstanding any provision herein to the contrary, Sponsor shall not be responsible or otherwise liable to Home-Buying Heroes or others for the actions of the Participating Builders’ sales offices in providing incorrect or incomplete information regarding this Program.