16-2831 Amended Model Home Agreement - Pulte Homes

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AMENDED MODEL HOME AGREEMENT THIS AMENDED MODEL HOME AGREEMENT ( "Agreement "), entered into this day of February, 2016, by and between the City of Casselberry, a political subdivision of the State of Florida, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707 (hereinafter referred to as "City ") and Pulte Homes Corporation, a Michigan corporation, whose address is 4901 Vineland Road, Suite 500, Orlando, Florida, 32811 (hereinafter referred to as "Pulte "). RECITALS: A. Pulte Homes Corporation, a Michigan corporation ( "Pulte "), is the owner of Tract B within the Legacy Park Planned Development, as is described in more detail in Exhibit "A" which is attached hereto and incorporated herein (hereinafter referred to as the "Property "). B. The Property is approved for the development of up to one hundred twenty (120) single family detached homes and associated amenities, and Pulte is in the process of applying to City to subdivide the Property to include one hundred twenty (120) lots. C. Pulte desires to construct two (2) model homes on lots 71 and 72, with an optional accessory parking area on lot 70, of the proposed plat of the Property (collectively referred to as the "Model Center "), as is depicted on the "Model Center Plan" attached hereto and incorporated herein as Exhibit "B", prior to approval and recording of the final plat for the Property. The Model Center will be used by Pulte as the primary office to conduct sales operations for the Property. D. In connection with the construction of the Model Center, Pulte also intends to construct, for the fire protection of the Model Center, stabilized access (curb and base) of the "Grand Rue Drive Extension" from Seminola Boulevard to the northern boundary of the Model Center, an extension of a water main from Seminola Boulevard to the northern boundary of the Model Center, and fire hydrants, as such fire protection improvements are depicted on the Model Center Plan (the "Fire Protection Improvements "). E. City agrees to waive the requirements of Section 4- 19.1.G. of the City of Casselberry Code to allow Pulte to construct the Model Center, as depicted on the Model Center Plan, prior to approval and recording of the final plat for the Property. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Recitals. The Recitals are true and correct and are incorporated herein by this reference. 2. Waiver; Issuance of Building Permits. City waives Section 4- 19.1.G. of the City's Code to allow the issuance of the required building permits for the construction of the Model Center prior to approval and recording of the final plat for the Property. City's waiver of Section 4- 19.1.G. of the City's Code is limited to those permits required for the construction of