Terms & Conditions

INTRODUCTION

This brochure (the “Brochure” and the condominium units described in this Brochure, the “Units” or “Condominium Units”) was prepared by Lux Condo Garages LLC, a Kansas limited liability company (“Declarant”), and consists of these Disclosures and the following documents attached as exhibits hereto (collectively, the “Property Documents” or any one of them a “Property Document”):

1. Exhibit 1: First Amended and Restated Declaration of Garage Condominium for Lux Condo Garages (the “Declaration”), which includes the following exhibits attached thereto:
2. Exhibit A: Legal Description of Submitted Land (the “Property”)
3. Exhibit B: Common Element Interests of Condominium Units
4. Exhibit C: Legal Description of Convertible Land and Expandible Condominium
5. Exhibit D: First Amended and Restated Bylaws of Lux Condo Garages Condominium Association, Inc. (the “Bylaws”)
6. Exhibit E: Plans-Lux Condo Garages
7. Exhibit 2: Articles of Incorporation for Lux Condo Garages Condominium Association, Inc. (the “Association”)
8. Exhibit 3: Operating Budget for the Property, dated _____, covering the operating period _____, 202_ to ________, 202_ (the “Budget”).
9. Exhibit 4: Form of Purchase and Sale Agreement for Condominium Unit (a “Purchase Agreement”)
10. Exhibit 5: Form of Special Warranty Deed for Condominium Unit

Declarant is the “Declarant” as that term is defined and used in the Declaration. This Brochure and the Property Documents are subject to prior placement and withdrawal, cancellation or modification without notice. The information contained herein has been carefully compiled from sources Declarant considers reliable, and while not guaranteed as to completeness or accuracy, Declarant believes it to be correct as of December 1, 2025. Neither this Brochure nor any part thereof or any of the Property Documents, shall be reproduced or distributed without the written authorization of Declarant.

This Brochure was prepared by the Declarant solely for the use of prospective purchasers of Condominium Units located on the Property that is the subject of the Declaration. The Declarant makes no representation or warranty, express or implied, as to the completeness or the accuracy of the material contained in this Brochure. Prospective purchasers of Condominium Units at the Property are advised (i) to read each of the Property Documents in their entirety for their full and complete terms; (ii) consult with such prospective purchaser’s own real estate, legal, tax and other professional advisors regarding the terms and conditions of the Property Documents and their legal, tax and other effect with respect to such prospective purchaser and its purchase of a Condominium Unit at the Property; (iii) that changes may have occurred in the physical or financial condition of the Property since the time this Brochure or the Budget included herewith were prepared; and (iv) that any projections contained herein were made by Declarant based upon assumptions of events beyond the control of Declarant, and therefore, may be subject to variation. Other than the Budget for the Property, Declarant has not provided, and will not provide, any prospective purchaser with any income and expense figures or projections regarding the Property or any of the Condominium Units. Prospective purchasers of Condominium Units at the Property are advised and encouraged to conduct their own comprehensive review and analysis of the Condominium Units and the Property.

This Brochure is a solicitation of interest only and is not an offer to sell the Property or any Condominium Units within the Property. The Declarant expressly reserves the right, in its sole discretion, to reject any or all expressions of interest or offers to purchase Condominium Units within the Property and expressly reserves the right, in its sole discretion, to terminate discussions with any person or entity at any time with or without notice. Declarant shall have no legal commitment or obligations to any person or entity reviewing this Brochure or making an offer to purchase any Condominium Units within the Property unless and until such offer for such Condominium Unit has been approved by Declarant and the signature of an authorized representative of Declarant is affixed to a Purchase Agreement with such purchaser.

This Brochure is confidential. By accepting this Brochure, you agree (i) that you will hold and treat this Brochure and its contents in the strictest confidence, (ii) that you will not photocopy or duplicate any part of this Brochure, (iii) that you will not disclose this Brochure or any of its contents to any other entity without the prior written authorization of the Declarant, and (iv) that you will not use this Brochure in any fashion or manner detrimental to the interest of the Declarant, the Association or the Property.

ADDITIONAL DISCLOSURES

IN CONSIDERING THE PURCHASE OF A CONDOMINIUM UNIT, PROSPECTIVE PURCHASERS MUST RELY ON THEIR OWN EXAMINATION OF THE PROPERTY, A CONDOMINIUM UNIT AND THE TERMS AND CONDITIONS OF THE PURCHASE AND SALE AGREEMENT FOR A CONDOMINIUM UNIT, THE SPECIAL WARRANTY DEED, DECLARATION (INCLUDING ALL EXHIBITS THERETO), PLAT, BUDGET AND ASSOCIATION ARTICLES AND BYLAWS (COLLECTIVELY, THE “PROPERTY DOCUMENTS”), INCLUDING THE MERITS AND RISKS INVOLVED. THE INFORMATION CONTAINED IN THIS BROCHURE SUPERSEDES ALL PRELIMINARY INFORMATION THAT MAY HAVE BEEN PROVIDED TO PROSPECTIVE PURCHASERS IN CONNECTION WITH OR RELATING TO THE PROPERTY, ANY CONDOMONIUM UNIT OR THAT PROSPECTIVE PURCHASERS MAY HAVE RECEIVED FROM THE DECLARANT OR ANY OF ITS RESPECTIVE AFFILIATES, REAL ESTATE AGENTS OR OTHER AGENTS. THIS BROCHURE HAS NOT BEEN REVIEWED BY ANY FEDERAL, STATE, OR FOREIGN REAL ESTATE COMMISSION OR REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF ANY INFORMATION CONTAINED IN THIS BROCHURE.

THIS BROCHURE IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO THE PROPERTY DOCUMENTS. STATEMENTS IN THIS BROCHURE ARE MADE AS OF THE DATE HEREOF. UNLESS STATED OTHERWISE HEREIN, NEITHER THE DELIVERY OF THIS BROCHURE AT ANY TIME, NOR ANY SALE OF CONDOMINIUM UNITS, SHALL, UNDER ANY CIRCUMSTANCES, CREATE AN IMPLICATION THAT THE INFORMATION CONTAINED HEREIN IS CORRECT AS OF ANY TIME SUBSEQUENT TO SUCH DATE.

THIS BROCHURE DOES NOT PURPORT TO BE ALL-INCLUSIVE OR TO CONTAIN ALL OF THE INFORMATION THAT A PROSPECTIVE PURCHASER MAY DESIRE IN INVESTIGATING THE PROPERTY, ITS PURCHASE OF A CONDOMINIUM UNIT, OR THE RISKS INVOLVED. EACH PROSPECTIVE PURCHASER MUST CONDUCT AND RELY ON HIS, HER OR ITS OWN EVALUATION OF THE PROPERTY AND CONDOMINIUM UNITS AND THE TERMS OF THE PROPERTY DOCUMENTS, INCLUDING THE MERITS AND THE RISKS INVOLVED, IN MAKING A DECISION WITH RESPECT TO THE PURCHASE OF A CONDOMINIUM UNIT AT THE PROPERTY.

THE BROCHURE DOES NOT CONSTITUTE AN OFFER OR SALE OF CONDOMINIUM UNITS. OFFERS, PURCHASES AND SALES OF CONDOMINIUM UNITS SHALL ONLY BE MADE PURSUANT TO THE TERMS AND CONDITIONS OF AN EXECUTED PURCHASE AND SALE AGREEMENT BETWEEN THE DECLARANT, AS SELLER, AND A PROSPECTIVE PURCHASER. PRIOR TO THE FINAL CLOSING OF A PURCHASE AGREEMENT, DECLARANT RESERVES THE RIGHT TO MODIFY ANY OF THE TERMS OF THIS BROCHURE AND THE PROPERTY DOCUMENTS.

THIS BROCHURE HAS BEEN PREPARED SOLELY FOR PROSPECTIVE PURCHASERS INTERESTED IN THE PROPOSED PURCHASE OF CONDOMINIUM UNITS AT THE PROPERTY. ANY REPRODUCTION OR DISTRIBUTION OF THIS BROCHURE, IN WHOLE OR IN PART, OR THE DIVULGENCE OF ANY OF ITS CONTENTS, WITHOUT THE PRIOR WRITTEN CONSENT OF THE DECLARANT IS PROHIBITED.

THIS BROCHURE DOES NOT CONSTITUTE AN OFFER OR A SOLICITATION IN ANY JURISDICTION OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER OR SOLICITATION.

PROSPECTIVE PURCHASERS ARE NOT TO CONSTRUE THE CONTENTS OF THIS BROCHURE OR ANY PRIOR OR SUBSEQUENT COMMUNICATION FROM THE DECLARANT, ITS AFFILIATES, MANAGER, MEMBERS OR EMPLOYEES, OR ANY PROFESSIONAL ASSOCIATED WITH PROPERTY AS LEGAL OR TAX ADVICE. EACH PROSPECTIVE PURCHASER SHOULD CONSULT WITH HIS, HER OR ITS PERSONAL COUNSEL, ACCOUNTANT AND OTHER ADVISORS AS TO LEGAL, TAX, ECONOMIC AND RELATED MATTERS CONCERNING THE PURCHASE OF CONDOMINIUM UNITS DESCRIBED HEREIN AND ITS SUITABILITY FOR SUCH PROSPECTIVE PURCHASER. THE INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES DEEMED RELIABLE, BUT NO REPRESENTATION OR WARRANTY IS MADE AS TO ITS ACCURACY. 

DECLARANT reserves the right, in its sole discretion and for any reason whatsoever, to modify or amend all or a portion of the INFORMATION described in this Brochure, or accept or reject in whole or in part any prospective PURCHASER OF A CONDOMINIUM UNIT. DECLARANT assumes no liability whatsoever to any Prospective purchaser in the event that any of the foregoing occurs.

None of the CONDOMINIUM UNITS described in this Brochure may be sold – nor may any offers to purchase be accepted – prior to the delivery to prospective purchasers of certain documents including, among others: this Brochure AND THE OTHER PROPERTY DOCUMENTS. The full text of SUCH PROPOERTY DOCUMENTS are INCLUDED WITH THIS Brochure, and made a part of this Brochure by this reference, and should be reviewed carefully prior to purchase.

By accepting delivery of this Brochure, the PROSPECTIVE PURCHASER agrees to keep this information confidential and to return this Brochure and all related documents to the DECLARANT if the PROSPECTIVE PURCHASER does not undertake to purchase A CONDOMINIUM UNIT. Any reproduction or distribution of this Brochure and all related documents, in whole or in part, or the dissemination or divulgence of any of its contents, except by the DECLARANT, or designated agents and employees, is strictly prohibited.

MISCELLANEOUS ADDITIONAL LIMITED DISCLOSURES

1. DECLARANT’S RIGHT TO LEASE UNITS. Declarant is reserving the unconditional right to rent rather than sell Condominium Units. Because Declarant is not limiting the conditions under which it will rent rather than sell Units, there is no commitment to sell any certain number of Condominium Units, and Declarant-occupants may never gain effective control and management of the Condominium. A purchaser acquiring a Condominium Unit that has been previously occupied (if a Unit has been rented by the Declarant) will be purchasing the Unit subject to reasonable wear and tear and inn its “as is” condition.
2. DECLARANT CONTROL. Until (a) all of the Units have been sold and conveyed to Purchasers or (b) Declarant has declared the “Turnover Date,” whichever occurs first (the “Declarant Control Period”), the Declarant shall appoint all three (3) members to the Association’s Board of Directors. The Declarant has the right to control the Board of Managers of the Association during the Declarant Control Period. The Declarant also has certain veto rights as described in the Declaration and Bylaws after the Turnover Date. Non-Declarant affiliated Unit owners will not have any representation on the Association’s Board of Directors during the Declarant Control Period. Purchasers of Units will never gain control of the Board of Managers prior to the expiration of the Declarant Control Period
3. NO GUARANTY AS TO NO REAL ESTATE TAX INCREASES. It should be noted by Purchasers that the City of Overland Park, Kansas may increase the real estate tax rate at any time and if the real estate tax rate increases, then the real estate taxes to be paid by Purchasers would increase. Purchaser should be aware that the projections of real estate taxes are only projections and that actual real estate tax rates may increase further between the time a Purchaser signs a Purchase Agreement and the time that a Purchaser 
4. MOLD IN A UNIT BASED ON MAINTENANCE OF UNIT BY UNIT DECLARANT. Potential purchasers of Condominium Units are advised that the prevention of the growth of mold in a Unit is the responsibility of each Unit owner. Construction is not, and cannot be, designed to exclude mold spores. Whether a Unit owner experiences mold growth depends largely on how such Unit owner manages and maintains his/her Unit. Unit ownes will need to take actions to prevent conditions which cause the mold or mildew, and it is the responsibility of each Unit owner to ensure that he/she has taken the necessary precautions to prevent mold from becoming a problem in such Unit owner’s Unit. Declarant will not be liable for and Purchaser hereby waives any claim for any actual, special, incidental or consequential damages based on any legal theory whatsoever, including, but not limited to, strict liability, breach of express or implied warranty, negligence or any other legal theory with respect to the presence and/or existence of molds, mildew and/or microscopic spores unless caused by the gross negligence or willful misconduct of Declarant.
5. PARKING SPACES. There is no or very limited on-site parking at the Property. Unit owners will have to rely on designated parking areas at the Property, street parking and/or their own Units for parking.
6. PURCHASERS ADVISED TO READ ALL PROPERTY DOCUMENTS.

 

THE PURCHASE OF A CONDOMINIUM UNIT HAS MANY SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. A PROSPECTIVE PURCHASER OF A CONDOMINIUM UNIT IS STRONGLY URGED TO READ THIS BROCHURE AND ALL PROPERTY DOCUMENTS CAREFULLY AND TO CONSULT WITH AN ATTORNEY BEFORE SIGNING A PURCHASE AGREEMENT.

 NO WARRANTY, GUARANTY OR ASSURANCE IS GIVEN AS TO:

1. Declarant makes no projections of income tax deductions for real estate taxes or mortgage interest expenses, and Declarant recommends that Purchasers rely only on their own tax professional for advice as to projecting or anticipating income tax deductions for real estate taxes or mortgage interest expenses associated with the purchase of a Condominium Unit. The Declarant is not offering or procuring mortgage financing for the Purchaser(s).
2. In order to meet the possible varying demand for number any type of different Units, or to meet particular requirements of prospective Purchasers, or for any other reason, Declarant and its designees reserve the right (except to the extent prohibited by applicable Legal Requirements and subject to the Declaration and By-Laws) at any time and from time to time, before and after the recording of the Declaration, without prior notice and without the consent of the Board, any Unit Declarant or mortgagee, to: (i) make alterations, additions or improvements, whether structural or non-structural, interior or exterior, ordinary or extraordinary, in, to and upon any unsold Unit; (ii) change the layout of, or number of rooms in, any unsold Unit; (iii) change the size and/or number of unsold Units by subdividing one or more such Units into two or more separate Units, combining separate unsold Units (including those resulting from a subdivision or combination or otherwise) into one or more Units, altering any boundary walls between any unsold Units, and/or incorporating within any unsold Unit the use of any portion of the Common Elements adjacent thereto (but only to the extent that such Common Elements are not required to be maintained as Common Elements based upon such alterations); and (iv) if appropriate, reapportion among the unsold Units affected by such change, their Common Interest. Any such change described in subsections (ii) through (iv) in the immediately preceding paragraph and additionally any material adverse change in the size or quality of any of the Common Elements shall be disclosed by Declarant in a duly filed amendment to the Plan and, when applicable, to the Declaration. In the event of any such change after the Declaration is recorded, the Declaration and Floor Plans shall each be amended and such amendments duly recorded and disclosed in a duly filed amendment to the Plan. Declarant or its designee will have the right to (or to cause the Board to) so amend the Declaration and Floor Plans, to the extent required, in order to reflect any such change affecting unsold Units. In addition, none of the foregoing changes, including any material adverse change in size, layout or Common Interest of a Unit or in the amount or quality of Limited Common Elements directly affecting or servicing a Unit, will be made with respect to any Unit for which a PurchaseAgreement has been mutually executed and delivered and the Purchaser thereunder is not in default, unless: (a) such change has been dictated by construction conditions at the Property (such as coordination of Building systems, conflicts with structural members or elements, conforming with Legal Requirements, unforeseen events, etc.) and, in all cases, in good faith, reasonably necessary due to factors not within Declarant’s reasonable control, and where no practicable alternative (in the exercise of sound construction management practices) exists and set forth in an amendment to the Plan, and the Purchaser is offered the right in such amendment, for at least fifteen days, to rescind his or her Agreement and receive a refund of the Deposit, together with all interest earned thereon, and the Purchaser elects not to exercise such right of rescission; or (b) such change is not a material adverse change in the size, dimension or floor space or layout of such Unit, in which event a Purchaser will not be excused from purchasing such Unit by reason of such minor, non-material deviation or change and will not have any claim against Declarant as a result thereof.
3. CREDIT CHECK. Prior to executing a Purchase Agreement, the Declarant may require the prospective Purchaser to execute necessary authorizations to conduct a credit check of the Purchaser(s). The cost to the prospective Purchaser of the credit check shall be paid by the Purchaser(s).