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ADDITIOl�?AL CONDITIONS AND AGREEMENTS
<br /> IT IS I6iUTUALLY IJNDERSTOOD AND AGREED THAT:
<br /> �. a.Unless indicated upon page 1 hereof as a cash project,or unless Owner indiqtes that Owner shall obtain Owners own construction and permanent mortgage financing,then
<br /> ConVactor shall use its best efforts to assist Owners in obtaining construction and permanent mor�qage financing from a non-signatory lending institu6on equal to the amount to be financed,as
<br /> stated on page 1 hereof,upon the terms stated on page 1 hereof;provided,however,that Contractor does not guarantee the availability of such financing,and Contractor shall not be liable in any
<br /> event or for any amount,upon the failure to obtain such financing for any reason.Any monetary difference beiween the mortgage financing as stated on page 1 hereof or ihe actual mortgage
<br /> financing and the total price shown on page 1 hereof shall be paid in full by Owner to Contractor upon execution of the mortgage instruments,and Owner agrees to execute such instruments and
<br /> documents,specifically including such mortgages and promissory notes as may be required by the mortgagee
<br /> b,If any portion of the Contract Price is to be paid by or through a construction loan agreement procured by Owner from a lender which requires Contractor to execute or to be bound
<br /> by a construction loan agreement or other agreement which wntains terms or conditions which Contractor in its sole discretion deems unacceptable,then Contractor may either(a)retum any
<br /> deposit to Owner,following which this Agreement shall be terminated and each party relieved from any further obligation to the other;or(b)refuse to sign or be bound by such consVuction loan
<br /> agreement or other agreement,following which Contractor may suspend its further performance under this Agreement until such time as Owner fumishes written adequate assurances of its ability
<br /> to pay the balance of the Contract Price.In the event Owner fails to fumish such written adequate assurance within forty-five(45)days of ConVactors written demand,then Owner shall be deemed
<br /> in default and Contractor may then invoke the default provisions of this Agreement.
<br /> 2. Owner agrees to direct any lending institution financing the construction of the house to pay to Contractor such sums as may be due as construction progresses in accordance with the
<br /> pracGce of the lender.Owner further agrees to execute and deliver to Contractor,within three(3)days following compleUon of the above described work, a Certificate acknowledging such
<br /> completion and accepting said improvements,as required by said lending institution andlor Contractor.
<br /> 3. Owner acknowledges that this Agreement,including the terms and condiGons stated upon page 1 hereof,and lhe plans for the model home described on page 1 hereof,constitutes the
<br /> full and entire understanding of Owner and ConVactor and that this contract has not been signed in reliance upon any promise, representa6on or inducement not specifically stated in this
<br /> Agreement.This Agreement may not be changed except in writing signed by either one of the Owners and by any officer of the Contractor.This Agreement shall be fuliy binding and obligatory
<br /> upon both Owner and Contractor and the heirs,successors,personal representatives and assigns of Owner and ConVactor.This Agreement shall be construed as if both Owner and Contractor
<br /> equally participated in the drafting thereof.
<br /> 4. Absent specific wdtten notific�tion to the contrary mailed by registered mail to Contractor within four(4)days following such completion,Owner shall be conclusively deemed to have
<br /> acknowledged such completion and accepted said improvements without excepGon.All payments due the Contractor under this Contract,whether for damages or otherwise shall be payable at the
<br /> office of said ConUactor in Tampa, Florida,when due. If Contractor should resort to collect said payments through an attomey, Owner agrees to pay all costs of such collection,including a
<br /> reasonable attomey's(ee.
<br /> 5. a.Should the mortgage financing terms stated upon page 1 hereof be unavailable to Owner after reasonable efforts by Contractor andlor Owner to arrange for same,or should Owner
<br /> fail to qualify for the above specified mortgage financing and fail to agree on financing on different rates or terms,or should any mortgage contemplated or instituted hereunder prove undesirable or
<br /> otherwise unsa6sfactory to the Mortgagee thereof,within thirty(30)days hereof,then this Contract shall be null and void,having no further force or effect,except that any deposit made hereunder
<br /> shall be retained by Contractor to the extent of all expenses incurred by it hereunder and provided that any mortgage theretofore executed by Owners shall be released.
<br /> b.In the event that Owner shall qualify,however,for mortgage financing upon the terms stated upon page 1 hereof or if Owner shall agree upon altemative mor�qage financing,or in
<br /> the event that no mortgage financing is required hereunder(that is in the case of cash projects and projects where the owner is providing his own financing),and thereafter Owner,in any such
<br /> event,shall refuse or fail to execute the aforementioned financing instruments or in any other way breach this Agreement or instnict lhe Contractor not to proceed hereunder at any time prior to
<br /> said Contractors having commenced actual construction,then and in any of said events,Owner agrees to pay to the Contractor an amount equal to ten per cent(10%)of the above listed total
<br /> price as liquidated damages whereupon Owners liability under this Agreement shall cease.
<br /> c.In the event of any breach of this Agreement or of the Owner giving no6ce to the Contractor to cease its acGvities hereunder at any time following actual commencement of
<br /> consVuction activities pursuant hereto,then and in any of said events Owner agrees to pay to Coniractor a proportionate part of the aforementioned total price based upon the percentage of
<br /> completion attained and,in addition thereto,as liquidated damages,an amount equal to ten per cent(10%)of the total price allocable to the percentage of construction work not completed.
<br /> d.It is underslood and recognized that,in the event of any of the above enumerated breaches by the Owner,damage to the Contractor resulting therefrom is certain but difficult to
<br /> compute in amount,and,therefore,the above specified liquidated damages are agreed as a reasonable adjustment of the probable damages to the Contractor under such circumstances,and not
<br /> as a penalty. A lien is hereby given to Contractor by Owner on the above described property to secure all obligations and liabilities of Owner under all the provisions of ihis wnstruction agreement
<br /> in its entirety,which lien shall be in addition to and not in lieu of any lien granted by the laws of Florida or the United States.Should it be necessary for Contractor to enforce this lien or any lien
<br /> granted to Contractor by law through court proceedings,Owner agrees to pay all costs of such enforcement including,but not limited to,a reasonable fee for Contractors attomey.In the event
<br /> there occurs a default by Owner under the terms and condifions of this contract,ConVactor may enforce the lien granted herein through foreclosure or Contractor may exercise any other rights
<br /> granted to Contractor by law,including but not limited to,exercising the rights and privileges granted to Contractor by Chapter 713 of the Florida Statutes.Any attempt by Contractor to enforce the
<br /> lien granted by the provisions of this paragraph shall not be deemed an election by Contractor to waive or forego the rights granted to ConVactor by law,including,but not limited to,Contractors
<br /> rights under Chapter 713,Florida Statutes.
<br /> 6. All allowances stated on Addendum 001 hereof, if any, are acknowledged as estimates only. Owner shail be liable for Contractors cost plus 20°/a overhead and profit for any
<br /> allowance item. If the cost plus the 20%exceeds the amount of the allowance,Owner shall in all events pay as a further extra the diHerence between the allowed charge(cost plus 20%)and the
<br /> amount of the allowance.Likewise,those charges stated on Addendum 001 hereof for such extra courses of block as may be required for foundation,if any,are estimates and should Building
<br /> Code compliance or terrain conditions require(in ihe sole judgment of Contractor)more than 3 courses of block for foundation,Owners will pay Contractor its standard chan�e therefor,which shall
<br /> not be less than$1.25 per square foot of total whole area of the foundation per extra course. If any allowance is greater than the allowed charge,the Contractorwill apply the resul6ng credit to the
<br /> Final Statement at the time of completion and final settlement Any foundation with greater than 6 courses of extra foundation block requires 1 or more belt beams per local buildings codes.
<br /> Owners will pay Contractor the standard charge therefor,which shall not be less that$7.50 per lineal foot. Stairs and handrails may be required and Owners will pay Contractor the standard
<br /> charge therefor,which will be current cost at the time of installation plus 20%for overhead and profit.
<br /> 7 Owner warrants and represents to the Contractor that the above specified construction does not violate any existing restrictions,zoning,set-back or other land use requirements
<br /> pertaining to the above described property and acknowledges that Owner has specificaliy approved the location thereon or said improvement. Owner hereby further specifically accepts sole
<br /> responsibility for access to the building site,all elevation,surface,subterranean and other soil condiGons, both known and unknown, relative to the subject and surrounding property Having
<br />' carefully reviewed Contractors building plans and blueprints and having also made all color and other selections,including extras,no change orders will be accepted without additional expense to
<br /> Owner to be agreed upon before implementation thereof.Contractor is released irom responsibiliiy for damage to the building site resulting irom delivery of materials or workmen thereto.
<br /> Except as expressly disclosed in any public report fumished Owner,Contractor has made no geological or environmenlal tests or surveys of the property or lot and makes no representation or
<br /> warranty conceming geological or environmental matters such as sink holes or radon gas and specifically excludes such geological and environmental matters from any warranties given under this
<br /> agreement.Owner acknowledges and understands that Contractor makes no warranty or representation regarding shifting soils,unsettled soils,unusual rocks or subsurface conditions,and the
<br /> limited warranty provided above does not include defects caused by normal wear and tear,insubstan6al or immaterial variances or defects,the elements,natural disasters or faulty maintenance,
<br /> operation or abusive use.Under no circumstances shall Contractor be liable for consequential or incidental damages.No warranty shall arise or be enforceable until such time as conVactor has
<br /> been paid in full.
<br /> e. DANGEROUS CONDITION;CONSTRUCTION WORK;ENTRY UPON PROPERTY:Owner understands and agrees that the Property is a construction site and that the Property and
<br /> the improvements,equipment and supplies located on the Property constitute a danger to those who may enter on the Property.Owner shall not enter onto the Property prior to completion unless
<br /> authorized to do so and accompanied by Contractors representative.Any unauthorized,unaccompanied entry by Owner shall constitute a breach of this Agreement by Owner,at ConVactors
<br /> election.Any entry by Owner onto the Property,whether accompanied,authorized,or not,shall be done at Owners own risk and in compliance with all safety laws and regulations.Owner waives,
<br /> releases and agrees to indemnify Contractor,its officers,directors,employees,agents,subcontractors and suppliers from any and all claims,losses or damage,whether to property or persons,
<br /> suffered or incurced by Owner,Owners family members or guests,as a direct or indirect result of any entry onto the Property.
<br /> 9. SUPERVISION OF FORCES: Owner agrees that supervision and direction of the working forces, including, without limitation, all subconVactors, is to be done exclusively by
<br /> Contractor,and Owner agrees not to issue any instructions to the working forces or otherwise hinder construction or installabon of improvements on the Property.Owner shall not do or have any
<br /> work done on the Property,nor may Owner store any possession thereon,prior to completion of the work.
<br /> 10. UTILITIES:Contractor will pay utility bills for electricity and water used during construction of the improvements.Owner understands and agrees that all utilities will be disconnected by
<br /> Contractor three(3)business days following the issuance of a temporary or final Certificate of Occupancy,whichever is earlier,and it shall be Owners sole responsibility to arrange for the supply
<br /> of all utilities to the Property thereafter.
<br /> 11. Notwithstanding those construction periods stated upon page 1 hereof, Contractor shall in no event be responsible for delays in completion resulting irom conditions beyond
<br /> Contractors control,including,but not limited to,slrikes,riots,earthquakes,hurricanes,war,acts of God,moratoriums,govemmental orders,acts of Owner,or inability of Contractor to obtain any
<br /> one or more of materials and/or equipment necessary to such completion,failure of any utility company to provide service or to provide or allow hook-up to its service,or any other event which
<br /> would support a defense based upon impossibility or impractirabiliiy of performance. Noiwithstanding anything contained in this Agreement to the contrary,in no event shall Contractor be
<br /> responsible for any damages or inconveniences suffered by Owner due to Contractors failure to complete the improvements within the time period set forth herein,regardless of such delay.If
<br /> Contractor fails to install an extra item,ConVactors responsibility shall be limited to a refund of any amount paid therefore.
<br /> b.DELAYS:If the progress of Contractors work is substantially delayed without the fault or responsibiliiy of Contractor,then the schedule of work shall be adjusted accordingly.It is
<br /> expressly agreed that,in the event Contractor is delayed by any cause(e.g.,other contractors,strikes,riots,disturbances,stoppage of the work by govemmental authorities,etc.),Contractors time
<br /> for completion of its work shall be extended by an amount equal to such delay,without prejudice to ConVactors right to additional compensation for such delay.
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<br /> All State Homes, Inc.
<br /> Owne s initials
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