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17-2950 Greenville Development Model Home Agreement
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17-2950 Greenville Development Model Home Agreement
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3/6/2017 8:29:22 AM
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3/6/2017 8:29:11 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
2/27/2017
Doc Number
17-2950
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the Model Center (and, if applicable or necessary, the Fire Protection Improvements). The Model <br />Center shall be constructed in accordance with all applicable City, state and federal codes and <br />regulations, and shall receive a certificate of occupancy from the City prior to its use for sales <br />operations for the Property. RM Plus agrees to take all actions necessary to remove the ancillary <br />parking area portion of the Model Center, including connecting sidewalks, within forty-five (45) <br />days of the earlier of a) the sale of the ancillary parking lot to an end user, or b) the sale of the <br />model homes to end users. Prior to the installation of any combustible materials in connection <br />with the construction of the Model Center, RM Plus shall obtain partial water clearance from <br />Florida Department of Environmental Protection on the water main and fire hydrant portion of <br />the Fire Protection Improvements (e.g. clearance for the mains and hydrants from Hilltop Road <br />to the fire hydrant nearest to the Model Center, as reflected on the Fire Protection Plan). <br />3. Model Center Conditions. RM Plus shall discontinue use of the Model Center to <br />conduct sales operations for the Property no later than three (3) years after the effective date of <br />this Agreement. The Model Center hours of operation for prospective buyers will be Monday <br />through Saturday from 10 a.m, to 6 p.m. and Sunday from 12 p.m. to 6 p.m., although RM Plus <br />staff is permitted in the Model Center before and after the aforementioned hours of operation as <br />required related to the sales operations. The Model Center shall not serve as the primary <br />construction office for the Property, and no building materials shall be stored in either model <br />home or in the Model Center parking area. Exterior flood lights are prohibited on a model home <br />until such time as it is sold to an end user, but RM Plus shall be permitted to install landscaping <br />and path lighting around the Model Center parking area and model homes as it determines is <br />necessary for public safety. Each model home shall be renovated for use as a residential <br />structure, and all applicable City landscaping requirements for such model home will be met, <br />upon the earlier of the sale of such model home to an end user or three (3) years from the <br />effective date of the Agreement. <br />4. Release, Hold Harmless and Indemnification Agreement. RM Plus agrees to <br />release, hold harmless and indemnify City for any claims, liabilities, losses, obligations, <br />damages, penalties or costs, including, but not limited to reasonable attorney's fees, consulting <br />fees, survey fees, demolition fees, utility charges, etc., arising from the City's issuance of permits <br />for the Model Center prior to the approval and recording of the final plat for the Property. RM <br />Plus recognizes that the permit approvals for the Model Center do not provide any guarantee or <br />assurance that additional approvals on the Property, including, but not limited to, preliminary <br />plat, final site plan and final plat, will be issued. RM Plus's release, hold harmless and <br />indemnification shall expire upon the City's recording of the final plat on the Property. <br />5. Entire Agreement. This Agreement embodies the entire agreement between the <br />parties hereto with respect to the subject matter hereof, and supersedes any and all prior <br />agreements and understandings, written or oral, formal or informal, between the parties. <br />[signature page follows] <br />098451.000001 610108013.2 2 <br />
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