16-2831 Amended Model Home Agreement - Pulte Homes

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the Model Center (and, if applicable or necessary, the Fire Protection Improvements). The Model Center shall be constructed in accordance with all applicable City, state and federal codes and regulations, and shall receive a certificate of occupancy from the City prior to its use for sales operations for the Property. Pulte agrees to take all actions necessary to remove the ancillary parking area portion of the Model Center, including connecting sidewalks, within forty -five (45) days of the earlier of a) the sale of the ancillary parking lot to an end user, or b) the sale of both of the model homes to end users. Prior to the installation of any combustible materials in connection with the construction of the Model Center, Pulte shall obtain partial water clearance from the Florida Department of Environmental Protection on the water main and fire hydrant portion of the Fire Protection Improvements (e.g. clearance for the mains and hydrants from Seminola Boulevard to the fire hydrant nearest to the Model Center, as reflected on the Model Center Plan). 3. Model Center Conditions. Pulte shall discontinue use of the Model Center to conduct sales operations for the Property no later than three (3) years after the effective date of this Agreement. The Model Center hours of operation for prospective buyers will be Monday through Saturday from 10 a.m. to 6 p.m. and Sunday from 12 p.m. to 6 p.m., although Pulte staff is permitted in the Model Center before and after the aforementioned hours of operation as required related to the sales operations. The Model Center shall not serve as the primary construction office for the Property, and no building materials shall be stored in either model home or in the Model Center parking area. Exterior flood lights are prohibited on a model home until such time as it is sold to an end user, but Pulte shall be permitted to install landscaping and path lighting around the Model Center parking area and model homes as it determines is necessary for public safety. Each model home shall be renovated for use as a residential structure, and all applicable City landscaping requirements for such model home will be met, upon the earlier of the sale of such model home to an end user or three (3) years from the effective date of the Agreement. 4. Release, Hold Harmless and Indemnification Agreement. Pulte agrees to release, hold harmless and indemnify City for any claims, liabilities, losses, obligations, damages, penalties or costs, including, but not limited to reasonable attorneys' fees, consulting fees, survey fees, demolition fees, utility charges, etc., arising from the City's issuance of permits for the Model Center prior to the approval and recording of the final plat for the Property. Pulte recognizes that the permit approvals for the Model Center do not provide any guarantee or assurance that additional approvals on the Property, including, but not limited to, preliminary plat, final site plan and final plat, will be issued. Pulte's release, hold harmless and indemnification shall expire upon the City's recording of the final plat on the Property. 5. Entire Agreement. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements and understandings, written or oral, formal or informal, between the parties. [signature page follolvs]