Preview
Filing # 190055873 E-Filed 01/18/2024 04:37:14 PM
Exhibit “A”
(Part 6 of 7)
building codes, Purchaser preferences and in the availability of components and materials, may necessitate
modifications to the Home. At all times, Seller will attempt to ensure that any modifications are equal to or better than
represented. Seller reserves the right to make changes in the plans, specifications, materials, and components being
used at the e of purchase. In the event that any Option or Construction Change is not incorporated into the home,
due to unavailability or any other reason, Purchaser shall only be entitled to a refund of any amounts paid for such
Option or Construction Change. In no event shall failure to include such Option or Construction Change in the Home
be grounds for ter tion of this Agreement. Any and all Options or Upgrades or Construction Changes shall be
submitted in writing as addenda to this Agreement. Purchaser agrees to oay cash for any and all optional features not
reflected in the appraised value.
Each Lot is unique in its size, shape and drainage characteristics. Purchaser understands and agrees that
the size of the Lot; the exact location of sidewalks and driveways (if any); and the drainage pattems of the Lot will
differ from the model home plans, drawings or renderings Purchaser has examined, and Seller reserves the right to
determine the location and configuration cf the Home upon the Lot subject to subdivision requirements. In the event
that the type of Home desired by Purchaser will not fit on the Lot pursuant to subdivision requirements, Seller shall so
notify Purchaser and this Agreement shall be terminated, the Deposit re:umed to Purchaser, and the parties shall be
released from ail further liability hereunder.
ve C: Purchaser nas no right to enter or accupy the Home before
Ciosing without Seller's written approval. A construction is a dangerous place and Purchaser Is prohibited from
entering the Home without written permission from a representative of Royal Oak Homes, If Purchaser receives
permission, Purchaser must be accompanied by a representative of Royal Oak Homes, If Purchaser or Purchaser's
dependents, guests, companions or invitees sustain any personal injury or cause.any personal injury to third parties or
cause property damage to the Home, or equipment thereon, with or without Seller's consent, Purchaser shall
indemnify, defend and hold harmless Seller, its agents and employees from any ciaims, loss, damage or expense
arising from such personal injury or property damage, including attorneys’ fees and Purchaser; for itself and its heirs,
hereby waives and relinquishes any and all claims or causes of action against Seller or it employees or agents
atising from personal injury or property damage sustained upon the Home,
Prior to Closing, Purchaser shall not enter upon or within the Home and make any changes, adcitions or alterations in
the construction of the Home including, but not limited to the instaliation or addition of any equipment, electrical wiring,
materials, appliances, wall coverings or paint. Further, Purchaser shall give no direction to Seller's construction crew
or any subcontractor working on the Home, and no commitments made by such crew member or subcontractor shall
be binding upon Seller. Purchaser agrees not to interfere with, restrict, interrupt, harass or obstruct construction or its
progress, physically, by nuisance or in any other manner, So doing shall constitute a breach of this Agreement and a
failure to perform on the part of Purchaser. Under such circumstances, at Seller's option, Seller shall be entitled to
the remedies set forth in Section Vi herein.
All owners, occupants and users of the community are hereby placed on notice, and agree that (1) Seller andlor its
agents, contractors, subcontractors, licensees and other designees, and/or (2) any other parties, from time to time,
il be conducting excavation, constructon and other activities within or in proximity to the community. By the
acceptance of the deed or other conveyance or mortgage, teasehokd, license or other interesi, and by using any
Portion of the community, each such owner, occupant and user automatically acknowledges, stipuiates and agrees ()
that none af the aforesaid activities shall be deemed nuisances or néxious or offensive activities, hereunder or at law
generally, (ii) not to enter upon, oF allow their children or other persons under their control af direction to enter upon
(regardless of whether such entry is trespass) any property within or in proximity to the area where such activity is
being conducted (even if not being actively conducted at the time of entry, such as at night or otherwise during non-
working hours), (il) Seller and the other aforesaid related partles shall have no liability for any losses, damages
(compensatory, consequential, punitive cr otherwise), injuries or deaths arising from or releting to the aforesaid
activities, except resulting directly from Sellers gross negligence or willful misconduct, (iv) any purchase or use of any
portion of the community has been and will be made with full knowledge of the foregoing and (y) this acknowledgment
and agre ent is a material inducement to Seller to sell, convey, and/or allow the use-of the "home. This Section V
shall Survive the Closing
Vi. CLOSING, AMOUNTS DUE. AT CLOSING, AND TITLE INSURANCE.
AL “Closing” means the date upon which Purchaser pays ali monies due and owing, and Seller conveys
title and transfers physical possession of the Home to the Purchaser, Closing shall ctcur at @ place selected by
Seller.
B. Purchaser agrees to consummate this transaction within ten (10) business days after the teceipt of
notice (the "Closing Notice’) from Seiler or its auihorized agent, and shall take place only-after the Issuance of a
Certificate of Occupancy from the governing municipality. The Closing Notice will be sent or directed to the address
specified on the first page of this Agreement unless Seller has received written notice from Purchaser of a change in
address prior fo the date the Closing Nolice is given. An affidavit of one of Seller's employees or agents stating the
Closing Notice was mailed ar placed with a private express delivery system shail be presumed ta establish that the
Closing Notice was received, IF PURCHASER FAILS TO CLOSE AS REQUIRED BY THIS PARAGRAPH,
PURCHASER WILL BE IN DEFAULT OF THIS AGREEMENT.
c Seller, at its sole option and without waiver of any rights, may grant an extension of the Closing
beyond the ten (10) business day period. As consideration far extension, Purchaser shall pay a fee in the-amount of
‘one hundred fifty dollars ($150) per day for each day of the extension. In addition, Purchaser shall pay a fee in the
amount of ane thousand dallars ($1,000) to compensate Seller for the additional administrative cos! and expense of
rescheduling and extending the Closing.
D, Upon execution of this agreement by Buyer, Buyer shall pay Seller a fee
of $300 for the preparation and administration of this Agreement (the ‘Processing Fee’). if buyer requests and Seller
approves any modifications ar additions to home selections after tne buyer has completed their design center
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selectidn process, Buyer Shall pay sellera fee of up to’ $500 for each modification (‘Reprocessing Fees"). The
Processing fee and Re-Processing fees are not credited against the Total Purchase Price’. The Processing Fee anc
ReProcessing Fees do not cover any third party pracessing charges or costs, including withaut limitation. Loan-or
-
credit fees, which buyer must pay separately. The Processing Fee (s not applicable with a VA Me gage. The
Processing Fee and Reprocessing [ee may nat be used against any allowerite with Closing Cos! tributions anc
must be paid separately,
Purchaser's intitsY
E, In addition to the Purchase Price and except as otherwise pravided herein, the Purchaser shall pay
the following amounts at Closing, the prorations of which may increase or decrease the balance of the funds that
Purchaser will owe:
All costs to obtain and close the mortgage loan and costs to close the transaction (the
"Closing Costs"). The Closing Costs shall include, but not be limited to attorneys’ fees, owner's title insurance fees
{including title search, title evaluation, policy preparation.and title insurance premium(s)), morigagee's tite insurance,
private mortgage Insurance, other insurance, mortgage title endorsements, taxes, surtax, recording fees, discount
points, and mortgage fees and costs, prepaid escrows, appraisal fees, intangible taxes and survey charges.
2. Pending liens {or public. improvements not certified as complete as of the Effective Date of
this Agreement.
3. Amounts related to the Homeowner's Association, including without limitation the initial fee
and prorated annual assessments for the year of Closing, if any, and additional costs related to the Home that any
governmental authority may impose.
4 Real property taxes and any other assessments against the Home and any other expense
applicable to the Home prorated as of the dala of Closing. if the actual real estate tax bill is not available at the time
of Closing, real estate tax prorations will be based upon Seller's estimate of what the tax bill will be. If Closing occurs
in year in which taxes are assessed or the Homeowner Association's Property ar on a Building or Buildings within
the Homeowners’ Assaciation rather than on a home by home basis, Purchaser shall pay to Selfer, at Closing, Seller's
estimate of Purchaser's prorata share of property taxes, and Seller shall pay the taxes for the year. Either party shall
be’ entitled to have the protations readjusted by notifying the other party in writing if the actual bill is different from
Seller's estimate. Within thirty (30) days after readjustment, whichever party owes money to the other will make the
required payment.
5. Any utility connection fees or deposits, including security service, if applicable, that Seller
may have paid prior to Clasing lo provide such service to the Home. Prior to Closing, Purchaser shall coordinate with
all tity end service providers to transfer and/or initiate all necessary utilty services to the Home as of the date of
Closing. ‘Seller shail have no obligation to pay for or provide utility services to the Home at any point from and after
Closing.
6. ‘The cost of thé documentary stamp tax and costs to record the deed.
7. Customary Closing costs of a Purchaser, including but not limited to items such as loan fees,
loan closing costs and other related costs, attorneys’ fees, escrows for taxes and insurance, prepaid items required by
the lender, recording fees, documentary stamp taxes an the Promissory Note, Intangible , Credit Reports, Survey and
Private Mortgage Insurance, if applicable.
8. Any penatties, late faes or otner Closing charges pursuant to this Agreement
In the event that Purchaser finances the purchase of the'P roperly with a mortgage loan from the Pr
Lender, Seller agrees to pay up to ‘towards Purchaser's Closing Costs at sing.
Purchaser's Initials
F. At Closing, or upon Purchaser's request, fivé days prior to Closing, Seller shall deliver to Purchaser,
at the cost of Purchaser as set forth In Subparagraph (f) below, a title insurance commitment from a Florida licensed
insurer in the-amount of the purchase price, showing insurable fee simple title in the Seller, sut ct to the standard
printed exceptions found in the standard ALTA policies, zoning and/or restrictions and prohibitions imposed by
govemmental authority(iés), recorded covenants and restricfons appearing of record or on the plat of the Property,
easements of record, taxes for the year of Closing, and other matters described in this Agreement, including all
Addenda attached hereto (the "Permitted Exceptions"), and agreeing to issue Purchaser a title insurance policy after
recordation of the Deed and other requisite instruments. If the title commitment contains an exception other than the
Permitted Exceptions, Closing shall be extended for up to thirty (30) business days to enable ler to cure such
defect in the title. If after diligent effort, Seller Is not able to cure such title defect within thirty (30) business days from
the date of notice of such delect, this Agreement shall terminate and the Total Earnest Money Deposit shall be
retumed to Purchaser as Purchaser's sole and only remedy in such event. If Purchaser falls to close this transaction
within the later time period, such failure shall be a default by Purchaser hereunder,
G. Pursuant to the Real Estate Settlement Procedures Act of 1974, Purchaser acknowledges that Seller
has not required, directly’ or indirectly, as a condition of sale that Purchaser purchase either a fee owner or
miortgagee’s tile insurance policy from any particular tile company. Purchaser may elect to obtain such insurance
from a company of Purchaser's choice and Purchaser will pay, at Closing, the title insurance premium for such policy.
Hi Seller shall furnish to Purchaser no tater than Closing, a Termite Soil or Wood Applied Liquid
Treatment Guarantee and a Subteranean Termite Contract issued by a locally licensed exterminator. Purchaser
shall, rom and after the Closing, maintain.a termite treatment program at its sole cost and expense. This covenant
shall expressly survive the Closing,
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Vil, I. EF,
DEFAULT
A Purchaser's Default
i . If Purchaser fails to perform any of the covenants of this Agreement
within the time specie, naan failure to pay the Second Earnest Money Deposit, the Purchaser will be deemed to
be in default hereunder. In such event, the Initial Deposit, the Second Earnest Money Deposit, any Additional
Deposit(s), any Change Order Deposits and other expenses, and any other payments, if applicable, paid by the
Purchaser will be retained by the Seller as consideration for the execution of this Agreement, as agreed liq ted
damages and in full settlement of any claims for damages, whereupon the parties’ rights, privileges and obligations
hereunder shall terminate and the parties shall have no further obligation to perform the remaining terms and
conditions of this Agreement. The parties acknowledge and agree that the exact amount of damages that Seller would
sustain as a result of Purchaser's default and/or failure to perform are not readily ascertainable and that the Initial
Deposit, the Second Earnest Money Deposit, any Additional Deposit(s), any Change Order Deposits and other
expenses, and any other payments, if applicable, paid by the Purchaser represent a fair and reasonable projection of
Seller's damages in the event Purchaser defaults.
2. i 4 (Cle dum, Notwithstanding any provision to the
contrary contained herein or atherwise, this Section Vil A shall not’be applicable to and shail not act to-limit the legal
of equitable remedies of Seller otherwise set forth In the Post-Closing Addendum of with respect to any other post-
closing obligations iniposed on Purchaser by (his Agreement.
8. Seller's Default
Purchaser shall give written notice to Seller following Seller's default under this
Agreement as aconditon precedent to seeking any remedy against Seller. The written notice shall specify the default
In-detail. The notice to be given pursuant fo this Section VII shall be delivered to Sellar In the same manner noted in
Section IX(J) of this Agreement,
2, |. Seller shail have up to ninety (80) days from the date Sellér receives the written
nolice (the "Cure Period") ta correct any default or to otherwise respond to Purchaser in the event Seller determines
that na default has occurred. Seller shal} have the Cure Period to inspect and correct any alleged default or to
otherwise respond to Purchaser in the event Seller determines that no default has occurred.
3. Purchaser agrees thal Purchaser shall seek no remedy against
‘Setter prior to the expiration of the Cure Period. Seller shall have the right but not the abfigation to take action during
the Cure Period and/or respond to any Netice received from Purchaser.
Remedy, if prior to Closing, Seller fails to perform any of the covenants of this Agreement
within the time specified the Purchaser, as the Purchaser's sole remedy for Seller's default hereunder, may either (a)
elect to receive the retum of the Initial Deposit, the Second Earnest Money Deposit, any Additional Deposit(s), any
Change Order Deposits and other expenses, and any other payments, if applicable, paid by the Purchaser,
Whereupon the parties’ rights, privileges and obligations hereunder shall terminate and the parties shall have no
further obligation ta perform the remaining terms and conditions of this Agreement, or (b) seek specific performance of
this Agreement. Notwithstanding the foregoing. this paragraph 4 shall not be applicable to and shall not act to limit
the lega! or equitable remedies of Purchaser with respect to Seller's obligation to complete the Home by the
Completion Date, as provided in Section Ili C hereof. In no event, however, shall Purchaser be entitled to recover
consequential or special damages. After Closing, Purchaser's rights and remedies under this Agreement shall be
limited exclusively to those expressly set forth in the Deed and the Limited Warranty.
os yf {. The Notice Cure Period of this paragraph shall not
apply to Seller's etaut in relation to te ‘Completion Date, as set forth in Section II.C.
VII. WARRANTY/DISCLAIMER
A Seller shall, at its own expense, deliver to Purchaser and Purchaser agrees to accept a Bonded
Builders Home Warranty or its equivalent (the “Warranty’), at Closing. Except as specifically set forth in the Warranty,
Seller has not made and hereby expressly disclaims any and all implied warranties regarding the property as to its
materials and workmanship, including warranties of merchantability, habitability, or suitability and quality or ftness for
@ particular purpose. A sample copy of the Warranty is available through the Seller or Bonded Builders upon request,
and Purchaser acknowledges the opportunity to review the Warranty prior to execution of this agreement. Purchaser
further acknowledges that the Warranty includes dispute resolution procedures, including arbitration, and agrees to
comply with the dispute resolution procedures in the Warra
Any complaints, disputes, claims, or controversies by-or between Sellet and Purchaser arising from or related
to this Agreement or to the house or real property which are the subject of this Agreement, including without imitation,
any claim for breach of contract, breach of warranty, negligent or intentional misrepresentation or nandisclosure in the
inducement, execution or performance of any contract, Including this arbitration agreement, any claim involving
statutory fiability, and breach of any alleged duty of good faith ang fair dealing shall be submitted to binding erbitration
for resolution. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
Any complaints, disputes, claims, or controversies arising from or related to the Warranty referenced above shail be
conducted in accordance with the dispute procedures set forth in the Warranty document including final and binding
arbitration. The decision of the arbitrator shail be final and binding on the parties to the arbitration, notwithstanding
any provision of the Warranty to the contrary. Arbitration expenses, including the arbitrators’ fees, shall b> equally
fed between the parties. Attorney's fees as well as.expert fees, reproduction expenses, travel expense and other
like expenses, however, shall not be considered arbitration. expenses, and each party shall separately bear such
expenses. Any dispute concerning the interpretation or the enforceability of this arbitratian agreement, including
without limitation, its revocability or voidabilty for any cause, the scope of arbitratable issues, and any defense based
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upon waiver, estoppels or laches, shall be decided by the arbitrator. Seller makes no warranty whatsoever, either
express or implied, as to the stability, firmness, consistency, permanence or habitability of the soil or subsurface
conditions of the Lot, including but not limited to sinkholes, underground voids or organic material, Purchaser
expressly assumes the risk of any and all loss, damage or injury to the Lot, oF to persons or property Iccated on the
Lot caused by soil or subsurface conditions, whether or not such conditions could have been discovered prior to the
Closing by any means whatsoever.
B. This Section WARRANTY/DISCLAIMER shall expressly survive the Closing.
IX, MISCELLANEOUS PROVISIONS
le Law. Purchaser acknowledges that the Home is located in the Caunty (identified
on Page of te Agreement) ‘Accordingly, an irrebuttable presumption exists that the only appropriate venue for the
resolution of any dispute lies in said Courty. In addition to the foregoing, Purchaser and Seller agree that the venue
for resolution of any dispute lies in said County. The parties further agree that any disputes regarding this Agreement
shall be settled in accordance with Florida Law.
B. ‘Seyerabllity. In the event that any provision of this Agreement shall be void or unenforceable, such
clausé af provision shali be deemed deleted so that the balance of this Agreement is enforceable.
c. Assignment. Neither this Agreement nor any of the rights of Purchaser hereunder may be assigned
or transferred, either voluntarily or by aperation of law or otherwise. Any such assignment is void and deemed a
default hereunder.
D. ecord Purchaser covenants that Purchaser shall not record this
Agreement, any memorandum hereof, of any other document, notice, claim, instrument or the like which may create
cloud on title with respect to the Home, in the Public Records of the County where itis situated. If Purchaser records
of cause to be fecorded any of the foregoing, Purchaser shall be obligated to pay all of Seller's legal fees and
‘expenses incurred In remaving the cloud on title caused by such recordation. Sellers rights under this Section shall
‘be in addition to Seller's remedies for Purchaser's default provided in Section Vil of this Agreement and shall survive
termination of this Agreement.
PB If two or more persons are named as Purchaser herein, any one of them is
autliorized to act as agent for, with the rignt to bind, the other(s) in all matters of every kind and nature with respect to
this Agreement.
F. Walver. Seller's waiver of.any of its rights or remedies shail not operate to waive any other of Seller's
rights or remedies or to prevent Seller from enforcing the waived right or remedy in another instance.
G. ire Agreement. All negotiations and dealings between the parties are merged in this Agreement,
which constitutes the entire agreement between the parties, No agent, representative, or salesperson has authority to
make any statements, agreements, or representations. written of oral, modifying, or adding to or changing the terms
and conditions of this Agreement. Seller is not responsible or liable for any agreement, condition or stipulation not
specifically set forth in this Agreement relating to or affecting the Property. No modification of this Agreement shall be
binding unless the modification is in writing and signed by an officer of the Seller. This Agreement contains the entire
agreement of Seller and Purchaser respecting the sale and eurchase of the Property; and Purchaser acknowledges
and agrees that any representations and agreements, whether oral or written, prior to the execution and delivery of
this Agreement have been superseded by this Agreement.
H. . This Agreement may be executed In any number of cauntérparts, any one and all of
which shall constitute the ‘agreement of the patties, and each of which shall be deemed an. original, but all of which
together shall constitute one and the same document. Facsimile signatures shall be sufficient to make this
Agreement binding.
Ge . Wherever used in this Agreement, the singular shall include the plural, the
plural te singul lar, and the use of any gender shall be applicable to all genders.
J. Notice, Any notice required or permitted to be given in connection with this Agreement shall be in
writing and sent by United States certified mail, ovemight courier or facsimile to Purchaser or Seller at the addresses
on page { of this Agreement, and additionally to Seller by hand delivery at Selter’s sales office for the Community. All
notices shall only be effective upon receipt or refusal to accept receipt, Purchaser shall provide: Seller with an
updated address should Purchaser move ar change address.
K. wbordination. This Agreement is subordinate to and subject to the lien and terms of any
recorded
mortgages and related security agreements Seller may obtain, whether currently of record or executed andselisfied
anytime hereafter. However, Seller shall cause said liens, mortgages or related encumbrances to be or
released as to the Home prior to or at Closing. No further instrument or agreement shall be required to effect this
subordination.
L Risk Of Loss. Seller shall bear all risk of loss to the Home prior to Closing. If the Home is damaged
by fire or other casualty after the date of this Agreement, but before the delivery of the Deed, and if in Sellers sole
opinion the Home can be restored to substantially the same condition within 180 days thereafter, Seller may have the
option of restoring the Home. The Closing Date hereunder shall be extended for a similar period, if necessary.
M. Captions. The captions and title of the various sections and paragraphs herein are for corvenience
and reference only and in no way affect, define, IImit or describe the scope or intent of this Agreement.
. Time is of the essence to this Agreement and specifically to each and every paragraph,
without Initaton in which a time period is involved, All time periods shall be computed in calendar days: however, if
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any deadline falls on @ Saturday, Sunday or state legal holt performance will be due the next business day. All
time periods will end at 5:00 p'm. local time of the county where the Home is located of the appropriate day,
0. Binding EffecvEtfective Date. This Agreement shall not be binding on Seller until executed by an
authorized officer of Seller. The effective date of this Agreement shall be the latter of the execution dates adjacent to
the signature line provided for on the last page of this Agreement. RECEIPT OF EARNEST MONEY BY A SALES
REPRESENTATIVE DOES NOT CONSTITUTE ACCEPTANCE OF THIS AGREEMENT BY SELLER.
i lve 18. Typewritien or handwritten provisions inserted in this
Agreement shali coniral over all printed pravisians in conic therewith
x RIGHT TO CURE/DISPUTE RESOLUTION
8. ic ; CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT
REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED
CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO
THE OTHER PARTY TO THIS AGREEMENT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY
CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE
OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN
OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO
ACCEPT ANY OFFER WHICH:MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEOURES UNDER
THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
B. WITHOUT LIMITING ANY RIGHTS SET FORTH IN OTHER SECTIONS OF THIS AGREEMENT,
AND AFTER THE REQUIREMENTS OF SECTION X.A ABOVE HAVE BEEN SATISFIED, ANY AND ALL DISPUTES
ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION, THOSE DISPUTES CONCERNING THE DEPOSIT
PAID BY PURCHASER (SUCH AS DETERMINING WHICH PARTY IS ENTITLED TO THE DEPOSIT PAID BY
PURCHASER IN THE EVENT THIS AGREEMENT IS TERMINATED PRIOR TO CLOSING), SHALL BE
SUBMITTED TO FINAL AND BINDING ARBITRATION IN FLORIDA PURSUANT TO AND IN ACCORDANCE WITH
THE PROVISIONS OF THE ARBITRATION AGREEMENT CONTAINED IN THE LIMITED WARRANTY, WHICH
ARBITRATION AGREEMENT {S INCORPORATED BY REFERENCE HEREIN AS THOUGH FULLY SET FORTH.
¢, TO THE EXTENT THE PROVISIONS OF THE HOME BUILDER'S LIMITED WARRANTY ARE NOT
APPLICABLE OR ARE DEEMED UNENFORCEABLE, THEN THE PARTIES AGREE TO THE FOLLOWING
DISPUTE RESOLUTION PROVISIONS: Notwithstanding the provisions of Section X.A, the parties hereby agree that
as a condition precedent to the corimencement af any legal proceeding or action relating to this Agreement and after
complying with Seller's right to cure provisions referenced in Section X.A above, that the parties will attempt to resolve
any disputes arising hereunder by mediation in Florida which, unless the parties mutuaily agree otherwise, shall be in
accordance With the mediation rules promulgated by the American Arbitration Association. Request for mediation
shall be filed in writing with the other party ta the Agreement and with the American Arbitration Association. The
request may be made concurrently with the following of a demand for arbitration but, in such event, mediation shall
proceed in advance of arbitration or legal or equitable proceedings, shall be stayed pending mediation for a
period of sixty (60) days from the-date of filing, unless stayed for a longer period by agreement of the parties or cout
order.
BY INITIALING BELOW, PURCHASER AGREES TO HAVE ANY CONTROVERSY OR CLAIM
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER DOCUMENT SIGNED OR INITIALED.
IN CONNECTION WITH THIS AGREEMENT, THE HOME, THE RELATIONSHIP BETWEEN THE PARTIES,
STATUTORY VIOLATIONS, AND/OR ANY ALLEGED DUTIES OR OBLIGATIONS BETWEEN THE PARTIES
DETERMINED BY BINDING ARBITRATION IN FLORIDA AND HEREBY ACKNOWLEDGES AND AGREES THAT IT
HAS UNEQUIVOCALLY WAIVEO ANY RIGHT OR OPPORTUNITY TO FILE, LITIGATE, OR HAVE HEARD ANY
CLAIMS, CAUSES OF ACTION OR DISPUTES IN A FEDERAL, STATE OR OTHER COURT OF LAW OR EQUITY.
IN THE EVENT THAT PURCHASER FILES ANY ACTION IN A COURT OF LAW AGAINST SELLER, PURCHASER
CONSENTS TO THE IMMEDIATE ENTRY OF AN ORDER OF DISMISSAL WITH PREJUDICE OF ALL CAUSES OF
ACTION AGAINST SELLER. IN SUCH EVENT PURCHASER SHALL REIMBURSE SELLER FOR ALL
ATTORNEYS FEES AND COSTS INCURRED IN OBTAINING SUCH ORDER OF DISMISSAL.
a
& IN NO EVENT SHALL PURCHASER BE ENTITLED TO A TRIAL BY JURY.
Purchaser's Initials, gil.
Notwithstanding the foregoing, this Section X shall not apply to any cisputes arising under Section
HNC) of this Agreement.
. Without limiting any other provision herein, this Section X shall survive Closing and shall not merge
into the deed conveying the Property from Selier to Purchaser.
XI ARJACENT LAND USE Seller shail not be liable to Purchaser for any use ar condition of property adjacent
to or surrounding the Lot, whelher or not owned by Setler, Including but not limited ta any commercial, industrial, mult)
family or non-tesidential uses. Adgitionally, Seller makes no representation or warranty as to the future use and/or
development of any adjacent jand by any third party.
Xil DIscLos
A ‘ The Home shall be located in a community controlied and managed by
a Homeowners’ Association (the "HOA" Purchaser acknowledges that the HOA shall perform certain
responsibilities, which may include but not be limited tc Maintaining the community's entrance, recreational areas
drainage facilities, common areas and all common landscaping, streetlights, and, where the streets are private (2. 3
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gated community), upkeep and maintenance of the streets within the community, and assessing and collecting
assessments from each member of the HOA to defray the cost af executing Its responsibilities, all In accordance with
the governing documents. Tne HOA may enter into a management agreement with an independent management
company to manage the affairs of the HOA, and the Seller, as manager, may execute the management agreement,
By executing this Agreement, Purchaser agrees to pay Purchaser's proportionate share of the HOA assessments as,
these come due, Purchaser further agrees that should Purchaser fail to pay such asséssments when due and
payable, the HOA shall have lien rights against the Home for assessments. Purchaser acknowladges that Seller shall
have the sole discretion to modify or amend the HOA dacuments and that Seller's officers and employees may act as
directors of officers of the HOA and, if necessary, may act.on behalf of the HOA in dealings and transactions. with
Seller. Purchaser hereby waives any objections to such deslings and transactions and ratifies, approves and
confirms the same. This provision. shall survive Closing,
PURCHASER SHOULD NOT EXECUTE THIS AGREEMENT UNTIL PURCHASER HAS RECEIVED THE
DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES. IF THE DISCLOSURE
SUMMARY REQUIRED BY SECTION 720,401, FLORIDA STATUTES HAS NOT BEEN PROVIDED TO: THE
PROSPECTIVE PURCHASER BEFORE EXECUTING THIS AGREEMENT FOR SALE, THIS AGREEMENT !S
VOIDABLE BY PURCHASER BY DELIVERING TO SELLER'OR SELLER'S AGENT OR REPRESENTATIVE
WRITTEN NOTICE OF THE PURCHASEP'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE
DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY. PURPORTED WAIVER
OF THIS VOIDABILITY RIGHT HAS NO EFFECT. PURCHASER'S RIGHT TO VOID THIS AGREEMENT SHALL
TERMINATE AT CLOSING. SEE EXHIBIT 5 FOR DISCLOSURE STATEMENT.
8. Section 720.402, Florida Statutes Disclosure. ANY PERSON WHO, IN REASONABLE
RELIANCE UPON ANY MATERIAL STATEMENT OR INFORMATION THAT IS FALSE OR MISLEADING
PUBLISHED BY OR UNDER AUTHORITY FROM THE DEVELOPER IN ADVERTISING AND PROMOTIONAL
MATERIALS, INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT OF PURCHASE, THE DECLARATION OF
COVENANTS OR ITS EXHIBITS, BROCHURES, AND NEWSPAPER ADVERTISING, PAYS ANYTHING OF
VALUE TOWARD THE PURCHASE OF A PARCEL IN A COMMUNITY LOCATED IN THIS STATE,HAS A GAUSE
OF ACTION AGAINST THE DEVELOPER.
Lack
Reliance
Of On Saller. Section 720.402, Florida Statutes, provides the cause of action set
forth in Section XII B above.
EXCEPT ‘AS SET FORTH ELSEWHERE HEREIN, INGLUDING THE LIMITED REPRESENTATIONS AND
WARRANTIES OF SELLER IN SECTION Vil! ABOVE, PURCHASER ACKNOWLEDGES, BY INITIALING BELOW,
THAT PURCHASER HAS INDEPENDENTLY, AND WITHOUT RELIANCE ON ANY STATEMENTS OF, OR ANY
INFORMATION PROVIDED BY, SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER, IDED TO
EXECUTE THIS AGREEMENT.
Purchaser's Initials, ~
as RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS.
ACCUMULATED INA Bl UILDING IN. SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS:
WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE
GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA, ADDITIONAL INFORMATION REGARDING
RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTMENT,
PURSUANT TO SECTION 404.056 (6), FLORIDA STATUTES.
Seller distlaims and essumes no llabikty, and Purchaser waives all warranties; either expressed ot Implied,
Including any warranties or habitability or fitness of purpose that could be construed to cover the presence of radon or
‘ther environmental pollutants, The only warranties Seller provides to Purchaser are those contained in the limited
warranty described in Section Vill above.
E. 2 Ri PURSUANT TO SECTION 553.996, FLORIDA STATUTES, PURCHASER, AT ITS
SOLE EXPENSE, MAY REQUEST THAT SELLER CAUSE A STATE CERTIFIED ENERGY RATER TO PERFORM
AN ENERGY EFFICIENCY RATING ON THE HOME, PURCHASER AGREES THAT THIS AGREEMENT IS NOT
CONTINGENT UPON PURCHASER'S APPROVAL OF THE RATING AND HEREBY RELEASES SELLER FROM
ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR LEVEL OF THE RATING, PURCHASER
ACKNOWLEDGES RECEIPT OF A BROCHURE FROM THE FLORIDA ENERGY GAUGE PROGRAM
REGARDING THE FLORIDA ENERGY EFFICIENCY RATING SYSTEM (THE “ENERGY RATING BROCHURE").
|. Pursuant to Section 460.16 of the Code of Federal Regulations, the Insulation Disclosure
Addendum atacned Reet io is incorporated herein by reference and made a part hereof.
jon_Indus over Section 489.1425, Florida Statutes,
provides that PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEQWNERS' CONSTRUCTION
RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER AGREEMENT, WHERE THE
LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR
INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS: (860) 487-1395/1940 North Monroe Street, Tallahassee, FL 32399-1039.
4. Ad Valorem Taxes. If real estate taxes for the year of Glosing are assessed in the aggregate on
the land comprising the portion of the Community where the Home is located, rather than on a homesite-by-homesite
basis, Seller will pay such taxes in full when due, and Purchaser will reimburse Seller at the Closing for Purchaser's (so
protata share of such taxes from the date of Closing (if such taxes are then known) or the Home's allopableeithershare
the
prorated) of Seller's estimate of those taxes (if such taxes are not then known) subject to readjustmer
Prat are Wt.
ROH-EMERALD-005195
request of Seller or Purchaser within six (6) months from the date when the actual tax amount is known. If taxes for
the year of Closing are assessed on a homesite-by-homesite basis but such taxes are not due on the date of the
Closing, Purctiaser will be responsible for paying such tax bill in full when due and Seller will credit Purchaser at the
Closing for Seller’s pro rata share of such taxes (if the amount of such taxes are then known) or the Seller's e: ate
of those taxes (if such taxes are not then known) through the date of Clasing, subject to readjustment at either the
request of Seller or Purchaser within six (6) months from when the actual amount of the bill is known, if the Closing
takes place after Seller has paid the taxes for the year of the Closing, Purchaser will relmburse Seller at the Closing
for Purchaser's pro rata share of those taxes from the daté of Closing.
Section 689.261, Florida Statutes, provides that a BUYER SHOULD NOT RELY ON THE SELLER'S
CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE
OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR
PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE
COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
All power lines and electrical appliances that draw electric current have
electromagnetic fields. (EMF) around ther, Seller has no expertise or information about EMF or the detection of EMF
and does not review or monitor research efforts regarding EMF. As a result, Seller does not make representations or
warranties of any kind related ta EMF. Purchaser's local electric utility company servicing the Home or Purchaser's
state or local envitanmental, energy or health agencies or the regional office of the Environmental Protection Agency
may ptovide such information,
J. Mold. Mold is a type of fungus that occurs naturally in the environment. All mold is not harmful, but
certain strains of mold have been shown to have adverse health effects in susceptible persons. Residential home
construction is nol, and cannot be, designed to exclude mold spores. Mold growth requires moisture which must be
kept fo a minimum to avoid the growth 6 mold within the Home. Common sources of moisture include spills, teaks,
overfiows, condensation, and high humidity. By minimizing moisture, a homeowner can reduce or eliminate mold
growth, Running the Air Conditioning System within the Home at very low temperatures for excessive periods of time
can create moisture and lead to the growth of mold In the Home, AS FURTHER STATED IN THE MOLD NOTICE,
DISCLOSURE AND WAIVER AGREEMENT ATTACHED H=RETO, SELLER DISCLAIMS AND ASSUMES NO
LIABILITY AND PURCHASER WAIVES ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTIES OR HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT COULD BE CONSTRUED
TO COVER THE PRESENCE OF MOLD WITHIN THE HOME. THE ONLY WARRANTIES SELLER PROVIDES ARE
THOSE CONTAINED IN THE HOMEOWNER’S MANUAL DESCRIBING SELLER'S LIMITED WARRANTY.
K. jet Bathtub Disclosure (¥ applicable). if Purchaser has opted for a Jet Tub Option in their new
home, Purchaser has been made awase that the option requires additional components to function properly which
may or may nof be Visible. This includes, but Js not limited to, an access panel that will be located In the bathroom
area. While Royal Oak Homes will do their best to conceal the access panei, Purchaser understands that the master
bath will have a flush-mounted, painted panel for tub access in the bathroom. Size, shape and location will vary
depending on the for plan.
L. i st al un ‘Showroom samples -are only 2
representation and may not be an exact match of what will ba installed. Colors can vary by tone, shade, hue
particulate structure as well as veining. Pits, fissures, and Inclusians ere a normal part af ail natural products and are
Rot considered as defects, but rather as unique characteristics that are derived from the composition of th rc uct.
‘These variations come from nalure's creation and will make each application unique in its own way. This dmiqueness:
should be expected when chaosing any natural product for your home. a wu |
Mm. Wiey Regardi Elevations, All homes constructed in the community must have the
elevations approved by the appropriate Hameovmers Association. All floor plans have received preliminary approval,
but the HOA retains the right to grant final approval, This approval process may require thal Royal Oak Homes make
changes to the elevation of your heme, which may include {but not limited to) adding additional stucco bands. stone or
shutters. This may cause a deiay in starting the construction of tfie home and/or result in a change to the elevation
after construction has started, Any costs associated with elevation changes required by the HOA will be by
Royal Oak Homes and nat fesult in additional cost to the Purchaser,
Purchaser's Initials K
N. Poo! DI Pools and Pool Structures must be built with caution Depending on the lot anc
floor plan selected, adding a poo! or extemal structure may present building challenges or additional costs. The
location of the septic system (if applicable) m some ots may preventa pool from being built. In other cases, it may
require additional expense in the form of retaining walls. If purchasing a pool through Seller, Seller will perfor
Fit’ to better determine any unexpected cosis or.challenges, The ‘base pool’ price offered by Seller does not (ude
any costs associated with retaining walls or additional decking. if Purchaser is interested in purchasing ip yat a
later date, Purchaser acknowledges they dre aware of the risk and potential costs listed above.
Purchaser's Initial
9. ines o Cay ‘At the written request of Purchaser, Seller shall provide
Purchaser with an Energy Performance Level ("EPL") Display Card by way of Addendum to this Agreement pursuant
to Section 583.9085, Florida Statutes.
P. Commu Develo, Ss PURSUANT TO SECTION 190.048, FLORIDA
STATUTES, PURCHASER IS HEREBY NOTIFIED THAT THE COMMUNITY DEVELOPMENT
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON
THIS PROPERTY, THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND
crass Soest
ROH-EMERALD-605196
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET
ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN
ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENT TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.
LJeneck (OR INITIAL) HERE IF HOME IS LOCATED WITHIN A COMMUNITY DEVELOPMENT
DISTRICT.
, Executive Order 13224 requiras all United States entities and persons to block assets and
not transact business with entities, countries and persons (specifically designated nationals) set forth by the Office of
Foreign Asset Control (‘QEAG"). This requirement applies to Seller and all of its affiliates (collectively, the “Seller
Affiliates"), Accordingly, Sellar will check current OFAC lists and: other publications in connection with each potential
transaction, loan, or hame sale. In orderta check the OFAC list, Purchaser must provide to Seller 2 government.
isgued photo identification card (this might include a driver's license, passport or resident alien card). To the extent
Purchaser (or any single person or eniity constituting a part of Buyer) matches a name or entity on any such OFAC
list or publication, the transactions with Purchaser contemplated under or in connection with this Agreement will be
immediately suspended, and Purchaser shall be reported as-Instructed by the OFAC.
R. Sinkhole Notice. Real property in Florida is susceptible to the formation of sinkholes, which
generally form in karst terrain principally tram the collapse of surface sediments into underground voids and'c
Preview
Filing # 190055873 E-Filed 01/18/2024 04:37:14 PM Exhibit “A” (Part 6 of 7) building codes, Purchaser preferences and in the availability of components and materials, may necessitate modifications to the Home. At all times, Seller will attempt to ensure that any modifications are equal to or better than represented. Seller reserves the right to make changes in the plans, specifications, materials, and components being used at the e of purchase. In the event that any Option or Construction Change is not incorporated into the home, due to unavailability or any other reason, Purchaser shall only be entitled to a refund of any amounts paid for such Option or Construction Change. In no event shall failure to include such Option or Construction Change in the Home be grounds for ter tion of this Agreement. Any and all Options or Upgrades or Construction Changes shall be submitted in writing as addenda to this Agreement. Purchaser agrees to oay cash for any and all optional features not reflected in the appraised value. Each Lot is unique in its size, shape and drainage characteristics. Purchaser understands and agrees that the size of the Lot; the exact location of sidewalks and driveways (if any); and the drainage pattems of the Lot will differ from the model home plans, drawings or renderings Purchaser has examined, and Seller reserves the right to determine the location and configuration cf the Home upon the Lot subject to subdivision requirements. In the event that the type of Home desired by Purchaser will not fit on the Lot pursuant to subdivision requirements, Seller shall so notify Purchaser and this Agreement shall be terminated, the Deposit re:umed to Purchaser, and the parties shall be released from ail further liability hereunder. ve C: Purchaser nas no right to enter or accupy the Home before Ciosing without Seller's written approval. A construction is a dangerous place and Purchaser Is prohibited from entering the Home without written permission from a representative of Royal Oak Homes, If Purchaser receives permission, Purchaser must be accompanied by a representative of Royal Oak Homes, If Purchaser or Purchaser's dependents, guests, companions or invitees sustain any personal injury or cause.any personal injury to third parties or cause property damage to the Home, or equipment thereon, with or without Seller's consent, Purchaser shall indemnify, defend and hold harmless Seller, its agents and employees from any ciaims, loss, damage or expense arising from such personal injury or property damage, including attorneys’ fees and Purchaser; for itself and its heirs, hereby waives and relinquishes any and all claims or causes of action against Seller or it employees or agents atising from personal injury or property damage sustained upon the Home, Prior to Closing, Purchaser shall not enter upon or within the Home and make any changes, adcitions or alterations in the construction of the Home including, but not limited to the instaliation or addition of any equipment, electrical wiring, materials, appliances, wall coverings or paint. Further, Purchaser shall give no direction to Seller's construction crew or any subcontractor working on the Home, and no commitments made by such crew member or subcontractor shall be binding upon Seller. Purchaser agrees not to interfere with, restrict, interrupt, harass or obstruct construction or its progress, physically, by nuisance or in any other manner, So doing shall constitute a breach of this Agreement and a failure to perform on the part of Purchaser. Under such circumstances, at Seller's option, Seller shall be entitled to the remedies set forth in Section Vi herein. All owners, occupants and users of the community are hereby placed on notice, and agree that (1) Seller andlor its agents, contractors, subcontractors, licensees and other designees, and/or (2) any other parties, from time to time, il be conducting excavation, constructon and other activities within or in proximity to the community. By the acceptance of the deed or other conveyance or mortgage, teasehokd, license or other interesi, and by using any Portion of the community, each such owner, occupant and user automatically acknowledges, stipuiates and agrees () that none af the aforesaid activities shall be deemed nuisances or néxious or offensive activities, hereunder or at law generally, (ii) not to enter upon, oF allow their children or other persons under their control af direction to enter upon (regardless of whether such entry is trespass) any property within or in proximity to the area where such activity is being conducted (even if not being actively conducted at the time of entry, such as at night or otherwise during non- working hours), (il) Seller and the other aforesaid related partles shall have no liability for any losses, damages (compensatory, consequential, punitive cr otherwise), injuries or deaths arising from or releting to the aforesaid activities, except resulting directly from Sellers gross negligence or willful misconduct, (iv) any purchase or use of any portion of the community has been and will be made with full knowledge of the foregoing and (y) this acknowledgment and agre ent is a material inducement to Seller to sell, convey, and/or allow the use-of the "home. This Section V shall Survive the Closing Vi. CLOSING, AMOUNTS DUE. AT CLOSING, AND TITLE INSURANCE. AL “Closing” means the date upon which Purchaser pays ali monies due and owing, and Seller conveys title and transfers physical possession of the Home to the Purchaser, Closing shall ctcur at @ place selected by Seller. B. Purchaser agrees to consummate this transaction within ten (10) business days after the teceipt of notice (the "Closing Notice’) from Seiler or its auihorized agent, and shall take place only-after the Issuance of a Certificate of Occupancy from the governing municipality. The Closing Notice will be sent or directed to the address specified on the first page of this Agreement unless Seller has received written notice from Purchaser of a change in address prior fo the date the Closing Nolice is given. An affidavit of one of Seller's employees or agents stating the Closing Notice was mailed ar placed with a private express delivery system shail be presumed ta establish that the Closing Notice was received, IF PURCHASER FAILS TO CLOSE AS REQUIRED BY THIS PARAGRAPH, PURCHASER WILL BE IN DEFAULT OF THIS AGREEMENT. c Seller, at its sole option and without waiver of any rights, may grant an extension of the Closing beyond the ten (10) business day period. As consideration far extension, Purchaser shall pay a fee in the-amount of ‘one hundred fifty dollars ($150) per day for each day of the extension. In addition, Purchaser shall pay a fee in the amount of ane thousand dallars ($1,000) to compensate Seller for the additional administrative cos! and expense of rescheduling and extending the Closing. D, Upon execution of this agreement by Buyer, Buyer shall pay Seller a fee of $300 for the preparation and administration of this Agreement (the ‘Processing Fee’). if buyer requests and Seller approves any modifications ar additions to home selections after tne buyer has completed their design center Purchase Agreement Wl ROH-EMERALD-005190 selectidn process, Buyer Shall pay sellera fee of up to’ $500 for each modification (‘Reprocessing Fees"). The Processing fee and Re-Processing fees are not credited against the Total Purchase Price’. The Processing Fee anc ReProcessing Fees do not cover any third party pracessing charges or costs, including withaut limitation. Loan-or - credit fees, which buyer must pay separately. The Processing Fee (s not applicable with a VA Me gage. The Processing Fee and Reprocessing [ee may nat be used against any allowerite with Closing Cos! tributions anc must be paid separately, Purchaser's intitsY E, In addition to the Purchase Price and except as otherwise pravided herein, the Purchaser shall pay the following amounts at Closing, the prorations of which may increase or decrease the balance of the funds that Purchaser will owe: All costs to obtain and close the mortgage loan and costs to close the transaction (the "Closing Costs"). The Closing Costs shall include, but not be limited to attorneys’ fees, owner's title insurance fees {including title search, title evaluation, policy preparation.and title insurance premium(s)), morigagee's tite insurance, private mortgage Insurance, other insurance, mortgage title endorsements, taxes, surtax, recording fees, discount points, and mortgage fees and costs, prepaid escrows, appraisal fees, intangible taxes and survey charges. 2. Pending liens {or public. improvements not certified as complete as of the Effective Date of this Agreement. 3. Amounts related to the Homeowner's Association, including without limitation the initial fee and prorated annual assessments for the year of Closing, if any, and additional costs related to the Home that any governmental authority may impose. 4 Real property taxes and any other assessments against the Home and any other expense applicable to the Home prorated as of the dala of Closing. if the actual real estate tax bill is not available at the time of Closing, real estate tax prorations will be based upon Seller's estimate of what the tax bill will be. If Closing occurs in year in which taxes are assessed or the Homeowner Association's Property ar on a Building or Buildings within the Homeowners’ Assaciation rather than on a home by home basis, Purchaser shall pay to Selfer, at Closing, Seller's estimate of Purchaser's prorata share of property taxes, and Seller shall pay the taxes for the year. Either party shall be’ entitled to have the protations readjusted by notifying the other party in writing if the actual bill is different from Seller's estimate. Within thirty (30) days after readjustment, whichever party owes money to the other will make the required payment. 5. Any utility connection fees or deposits, including security service, if applicable, that Seller may have paid prior to Clasing lo provide such service to the Home. Prior to Closing, Purchaser shall coordinate with all tity end service providers to transfer and/or initiate all necessary utilty services to the Home as of the date of Closing. ‘Seller shail have no obligation to pay for or provide utility services to the Home at any point from and after Closing. 6. ‘The cost of thé documentary stamp tax and costs to record the deed. 7. Customary Closing costs of a Purchaser, including but not limited to items such as loan fees, loan closing costs and other related costs, attorneys’ fees, escrows for taxes and insurance, prepaid items required by the lender, recording fees, documentary stamp taxes an the Promissory Note, Intangible , Credit Reports, Survey and Private Mortgage Insurance, if applicable. 8. Any penatties, late faes or otner Closing charges pursuant to this Agreement In the event that Purchaser finances the purchase of the'P roperly with a mortgage loan from the Pr Lender, Seller agrees to pay up to ‘towards Purchaser's Closing Costs at sing. Purchaser's Initials F. At Closing, or upon Purchaser's request, fivé days prior to Closing, Seller shall deliver to Purchaser, at the cost of Purchaser as set forth In Subparagraph (f) below, a title insurance commitment from a Florida licensed insurer in the-amount of the purchase price, showing insurable fee simple title in the Seller, sut ct to the standard printed exceptions found in the standard ALTA policies, zoning and/or restrictions and prohibitions imposed by govemmental authority(iés), recorded covenants and restricfons appearing of record or on the plat of the Property, easements of record, taxes for the year of Closing, and other matters described in this Agreement, including all Addenda attached hereto (the "Permitted Exceptions"), and agreeing to issue Purchaser a title insurance policy after recordation of the Deed and other requisite instruments. If the title commitment contains an exception other than the Permitted Exceptions, Closing shall be extended for up to thirty (30) business days to enable ler to cure such defect in the title. If after diligent effort, Seller Is not able to cure such title defect within thirty (30) business days from the date of notice of such delect, this Agreement shall terminate and the Total Earnest Money Deposit shall be retumed to Purchaser as Purchaser's sole and only remedy in such event. If Purchaser falls to close this transaction within the later time period, such failure shall be a default by Purchaser hereunder, G. Pursuant to the Real Estate Settlement Procedures Act of 1974, Purchaser acknowledges that Seller has not required, directly’ or indirectly, as a condition of sale that Purchaser purchase either a fee owner or miortgagee’s tile insurance policy from any particular tile company. Purchaser may elect to obtain such insurance from a company of Purchaser's choice and Purchaser will pay, at Closing, the title insurance premium for such policy. Hi Seller shall furnish to Purchaser no tater than Closing, a Termite Soil or Wood Applied Liquid Treatment Guarantee and a Subteranean Termite Contract issued by a locally licensed exterminator. Purchaser shall, rom and after the Closing, maintain.a termite treatment program at its sole cost and expense. This covenant shall expressly survive the Closing, ne ROH-EMERALD-005191 a Vil, I. EF, DEFAULT A Purchaser's Default i . If Purchaser fails to perform any of the covenants of this Agreement within the time specie, naan failure to pay the Second Earnest Money Deposit, the Purchaser will be deemed to be in default hereunder. In such event, the Initial Deposit, the Second Earnest Money Deposit, any Additional Deposit(s), any Change Order Deposits and other expenses, and any other payments, if applicable, paid by the Purchaser will be retained by the Seller as consideration for the execution of this Agreement, as agreed liq ted damages and in full settlement of any claims for damages, whereupon the parties’ rights, privileges and obligations hereunder shall terminate and the parties shall have no further obligation to perform the remaining terms and conditions of this Agreement. The parties acknowledge and agree that the exact amount of damages that Seller would sustain as a result of Purchaser's default and/or failure to perform are not readily ascertainable and that the Initial Deposit, the Second Earnest Money Deposit, any Additional Deposit(s), any Change Order Deposits and other expenses, and any other payments, if applicable, paid by the Purchaser represent a fair and reasonable projection of Seller's damages in the event Purchaser defaults. 2. i 4 (Cle dum, Notwithstanding any provision to the contrary contained herein or atherwise, this Section Vil A shall not’be applicable to and shail not act to-limit the legal of equitable remedies of Seller otherwise set forth In the Post-Closing Addendum of with respect to any other post- closing obligations iniposed on Purchaser by (his Agreement. 8. Seller's Default Purchaser shall give written notice to Seller following Seller's default under this Agreement as aconditon precedent to seeking any remedy against Seller. The written notice shall specify the default In-detail. The notice to be given pursuant fo this Section VII shall be delivered to Sellar In the same manner noted in Section IX(J) of this Agreement, 2, |. Seller shail have up to ninety (80) days from the date Sellér receives the written nolice (the "Cure Period") ta correct any default or to otherwise respond to Purchaser in the event Seller determines that na default has occurred. Seller shal} have the Cure Period to inspect and correct any alleged default or to otherwise respond to Purchaser in the event Seller determines that no default has occurred. 3. Purchaser agrees thal Purchaser shall seek no remedy against ‘Setter prior to the expiration of the Cure Period. Seller shall have the right but not the abfigation to take action during the Cure Period and/or respond to any Netice received from Purchaser. Remedy, if prior to Closing, Seller fails to perform any of the covenants of this Agreement within the time specified the Purchaser, as the Purchaser's sole remedy for Seller's default hereunder, may either (a) elect to receive the retum of the Initial Deposit, the Second Earnest Money Deposit, any Additional Deposit(s), any Change Order Deposits and other expenses, and any other payments, if applicable, paid by the Purchaser, Whereupon the parties’ rights, privileges and obligations hereunder shall terminate and the parties shall have no further obligation ta perform the remaining terms and conditions of this Agreement, or (b) seek specific performance of this Agreement. Notwithstanding the foregoing. this paragraph 4 shall not be applicable to and shall not act to limit the lega! or equitable remedies of Purchaser with respect to Seller's obligation to complete the Home by the Completion Date, as provided in Section Ili C hereof. In no event, however, shall Purchaser be entitled to recover consequential or special damages. After Closing, Purchaser's rights and remedies under this Agreement shall be limited exclusively to those expressly set forth in the Deed and the Limited Warranty. os yf {. The Notice Cure Period of this paragraph shall not apply to Seller's etaut in relation to te ‘Completion Date, as set forth in Section II.C. VII. WARRANTY/DISCLAIMER A Seller shall, at its own expense, deliver to Purchaser and Purchaser agrees to accept a Bonded Builders Home Warranty or its equivalent (the “Warranty’), at Closing. Except as specifically set forth in the Warranty, Seller has not made and hereby expressly disclaims any and all implied warranties regarding the property as to its materials and workmanship, including warranties of merchantability, habitability, or suitability and quality or ftness for @ particular purpose. A sample copy of the Warranty is available through the Seller or Bonded Builders upon request, and Purchaser acknowledges the opportunity to review the Warranty prior to execution of this agreement. Purchaser further acknowledges that the Warranty includes dispute resolution procedures, including arbitration, and agrees to comply with the dispute resolution procedures in the Warra Any complaints, disputes, claims, or controversies by-or between Sellet and Purchaser arising from or related to this Agreement or to the house or real property which are the subject of this Agreement, including without imitation, any claim for breach of contract, breach of warranty, negligent or intentional misrepresentation or nandisclosure in the inducement, execution or performance of any contract, Including this arbitration agreement, any claim involving statutory fiability, and breach of any alleged duty of good faith ang fair dealing shall be submitted to binding erbitration for resolution. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Any complaints, disputes, claims, or controversies arising from or related to the Warranty referenced above shail be conducted in accordance with the dispute procedures set forth in the Warranty document including final and binding arbitration. The decision of the arbitrator shail be final and binding on the parties to the arbitration, notwithstanding any provision of the Warranty to the contrary. Arbitration expenses, including the arbitrators’ fees, shall b> equally fed between the parties. Attorney's fees as well as.expert fees, reproduction expenses, travel expense and other like expenses, however, shall not be considered arbitration. expenses, and each party shall separately bear such expenses. Any dispute concerning the interpretation or the enforceability of this arbitratian agreement, including without limitation, its revocability or voidabilty for any cause, the scope of arbitratable issues, and any defense based Purchase Agreement uf ROH-EMERALD-005192 upon waiver, estoppels or laches, shall be decided by the arbitrator. Seller makes no warranty whatsoever, either express or implied, as to the stability, firmness, consistency, permanence or habitability of the soil or subsurface conditions of the Lot, including but not limited to sinkholes, underground voids or organic material, Purchaser expressly assumes the risk of any and all loss, damage or injury to the Lot, oF to persons or property Iccated on the Lot caused by soil or subsurface conditions, whether or not such conditions could have been discovered prior to the Closing by any means whatsoever. B. This Section WARRANTY/DISCLAIMER shall expressly survive the Closing. IX, MISCELLANEOUS PROVISIONS le Law. Purchaser acknowledges that the Home is located in the Caunty (identified on Page of te Agreement) ‘Accordingly, an irrebuttable presumption exists that the only appropriate venue for the resolution of any dispute lies in said Courty. In addition to the foregoing, Purchaser and Seller agree that the venue for resolution of any dispute lies in said County. The parties further agree that any disputes regarding this Agreement shall be settled in accordance with Florida Law. B. ‘Seyerabllity. In the event that any provision of this Agreement shall be void or unenforceable, such clausé af provision shali be deemed deleted so that the balance of this Agreement is enforceable. c. Assignment. Neither this Agreement nor any of the rights of Purchaser hereunder may be assigned or transferred, either voluntarily or by aperation of law or otherwise. Any such assignment is void and deemed a default hereunder. D. ecord Purchaser covenants that Purchaser shall not record this Agreement, any memorandum hereof, of any other document, notice, claim, instrument or the like which may create cloud on title with respect to the Home, in the Public Records of the County where itis situated. If Purchaser records of cause to be fecorded any of the foregoing, Purchaser shall be obligated to pay all of Seller's legal fees and ‘expenses incurred In remaving the cloud on title caused by such recordation. Sellers rights under this Section shall ‘be in addition to Seller's remedies for Purchaser's default provided in Section Vil of this Agreement and shall survive termination of this Agreement. PB If two or more persons are named as Purchaser herein, any one of them is autliorized to act as agent for, with the rignt to bind, the other(s) in all matters of every kind and nature with respect to this Agreement. F. Walver. Seller's waiver of.any of its rights or remedies shail not operate to waive any other of Seller's rights or remedies or to prevent Seller from enforcing the waived right or remedy in another instance. G. ire Agreement. All negotiations and dealings between the parties are merged in this Agreement, which constitutes the entire agreement between the parties, No agent, representative, or salesperson has authority to make any statements, agreements, or representations. written of oral, modifying, or adding to or changing the terms and conditions of this Agreement. Seller is not responsible or liable for any agreement, condition or stipulation not specifically set forth in this Agreement relating to or affecting the Property. No modification of this Agreement shall be binding unless the modification is in writing and signed by an officer of the Seller. This Agreement contains the entire agreement of Seller and Purchaser respecting the sale and eurchase of the Property; and Purchaser acknowledges and agrees that any representations and agreements, whether oral or written, prior to the execution and delivery of this Agreement have been superseded by this Agreement. H. . This Agreement may be executed In any number of cauntérparts, any one and all of which shall constitute the ‘agreement of the patties, and each of which shall be deemed an. original, but all of which together shall constitute one and the same document. Facsimile signatures shall be sufficient to make this Agreement binding. Ge . Wherever used in this Agreement, the singular shall include the plural, the plural te singul lar, and the use of any gender shall be applicable to all genders. J. Notice, Any notice required or permitted to be given in connection with this Agreement shall be in writing and sent by United States certified mail, ovemight courier or facsimile to Purchaser or Seller at the addresses on page { of this Agreement, and additionally to Seller by hand delivery at Selter’s sales office for the Community. All notices shall only be effective upon receipt or refusal to accept receipt, Purchaser shall provide: Seller with an updated address should Purchaser move ar change address. K. wbordination. This Agreement is subordinate to and subject to the lien and terms of any recorded mortgages and related security agreements Seller may obtain, whether currently of record or executed andselisfied anytime hereafter. However, Seller shall cause said liens, mortgages or related encumbrances to be or released as to the Home prior to or at Closing. No further instrument or agreement shall be required to effect this subordination. L Risk Of Loss. Seller shall bear all risk of loss to the Home prior to Closing. If the Home is damaged by fire or other casualty after the date of this Agreement, but before the delivery of the Deed, and if in Sellers sole opinion the Home can be restored to substantially the same condition within 180 days thereafter, Seller may have the option of restoring the Home. The Closing Date hereunder shall be extended for a similar period, if necessary. M. Captions. The captions and title of the various sections and paragraphs herein are for corvenience and reference only and in no way affect, define, IImit or describe the scope or intent of this Agreement. . Time is of the essence to this Agreement and specifically to each and every paragraph, without Initaton in which a time period is involved, All time periods shall be computed in calendar days: however, if —— yf ROH-EMERALD-005193 any deadline falls on @ Saturday, Sunday or state legal holt performance will be due the next business day. All time periods will end at 5:00 p'm. local time of the county where the Home is located of the appropriate day, 0. Binding EffecvEtfective Date. This Agreement shall not be binding on Seller until executed by an authorized officer of Seller. The effective date of this Agreement shall be the latter of the execution dates adjacent to the signature line provided for on the last page of this Agreement. RECEIPT OF EARNEST MONEY BY A SALES REPRESENTATIVE DOES NOT CONSTITUTE ACCEPTANCE OF THIS AGREEMENT BY SELLER. i lve 18. Typewritien or handwritten provisions inserted in this Agreement shali coniral over all printed pravisians in conic therewith x RIGHT TO CURE/DISPUTE RESOLUTION 8. ic ; CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS AGREEMENT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH:MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEOURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. WITHOUT LIMITING ANY RIGHTS SET FORTH IN OTHER SECTIONS OF THIS AGREEMENT, AND AFTER THE REQUIREMENTS OF SECTION X.A ABOVE HAVE BEEN SATISFIED, ANY AND ALL DISPUTES ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION, THOSE DISPUTES CONCERNING THE DEPOSIT PAID BY PURCHASER (SUCH AS DETERMINING WHICH PARTY IS ENTITLED TO THE DEPOSIT PAID BY PURCHASER IN THE EVENT THIS AGREEMENT IS TERMINATED PRIOR TO CLOSING), SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION IN FLORIDA PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AGREEMENT CONTAINED IN THE LIMITED WARRANTY, WHICH ARBITRATION AGREEMENT {S INCORPORATED BY REFERENCE HEREIN AS THOUGH FULLY SET FORTH. ¢, TO THE EXTENT THE PROVISIONS OF THE HOME BUILDER'S LIMITED WARRANTY ARE NOT APPLICABLE OR ARE DEEMED UNENFORCEABLE, THEN THE PARTIES AGREE TO THE FOLLOWING DISPUTE RESOLUTION PROVISIONS: Notwithstanding the provisions of Section X.A, the parties hereby agree that as a condition precedent to the corimencement af any legal proceeding or action relating to this Agreement and after complying with Seller's right to cure provisions referenced in Section X.A above, that the parties will attempt to resolve any disputes arising hereunder by mediation in Florida which, unless the parties mutuaily agree otherwise, shall be in accordance With the mediation rules promulgated by the American Arbitration Association. Request for mediation shall be filed in writing with the other party ta the Agreement and with the American Arbitration Association. The request may be made concurrently with the following of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, shall be stayed pending mediation for a period of sixty (60) days from the-date of filing, unless stayed for a longer period by agreement of the parties or cout order. BY INITIALING BELOW, PURCHASER AGREES TO HAVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER DOCUMENT SIGNED OR INITIALED. IN CONNECTION WITH THIS AGREEMENT, THE HOME, THE RELATIONSHIP BETWEEN THE PARTIES, STATUTORY VIOLATIONS, AND/OR ANY ALLEGED DUTIES OR OBLIGATIONS BETWEEN THE PARTIES DETERMINED BY BINDING ARBITRATION IN FLORIDA AND HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS UNEQUIVOCALLY WAIVEO ANY RIGHT OR OPPORTUNITY TO FILE, LITIGATE, OR HAVE HEARD ANY CLAIMS, CAUSES OF ACTION OR DISPUTES IN A FEDERAL, STATE OR OTHER COURT OF LAW OR EQUITY. IN THE EVENT THAT PURCHASER FILES ANY ACTION IN A COURT OF LAW AGAINST SELLER, PURCHASER CONSENTS TO THE IMMEDIATE ENTRY OF AN ORDER OF DISMISSAL WITH PREJUDICE OF ALL CAUSES OF ACTION AGAINST SELLER. IN SUCH EVENT PURCHASER SHALL REIMBURSE SELLER FOR ALL ATTORNEYS FEES AND COSTS INCURRED IN OBTAINING SUCH ORDER OF DISMISSAL. a & IN NO EVENT SHALL PURCHASER BE ENTITLED TO A TRIAL BY JURY. Purchaser's Initials, gil. Notwithstanding the foregoing, this Section X shall not apply to any cisputes arising under Section HNC) of this Agreement. . Without limiting any other provision herein, this Section X shall survive Closing and shall not merge into the deed conveying the Property from Selier to Purchaser. XI ARJACENT LAND USE Seller shail not be liable to Purchaser for any use ar condition of property adjacent to or surrounding the Lot, whelher or not owned by Setler, Including but not limited ta any commercial, industrial, mult) family or non-tesidential uses. Adgitionally, Seller makes no representation or warranty as to the future use and/or development of any adjacent jand by any third party. Xil DIscLos A ‘ The Home shall be located in a community controlied and managed by a Homeowners’ Association (the "HOA" Purchaser acknowledges that the HOA shall perform certain responsibilities, which may include but not be limited tc Maintaining the community's entrance, recreational areas drainage facilities, common areas and all common landscaping, streetlights, and, where the streets are private (2. 3 Purchase Agreement Ww ROH-EMERALD-005194 : gated community), upkeep and maintenance of the streets within the community, and assessing and collecting assessments from each member of the HOA to defray the cost af executing Its responsibilities, all In accordance with the governing documents. Tne HOA may enter into a management agreement with an independent management company to manage the affairs of the HOA, and the Seller, as manager, may execute the management agreement, By executing this Agreement, Purchaser agrees to pay Purchaser's proportionate share of the HOA assessments as, these come due, Purchaser further agrees that should Purchaser fail to pay such asséssments when due and payable, the HOA shall have lien rights against the Home for assessments. Purchaser acknowladges that Seller shall have the sole discretion to modify or amend the HOA dacuments and that Seller's officers and employees may act as directors of officers of the HOA and, if necessary, may act.on behalf of the HOA in dealings and transactions. with Seller. Purchaser hereby waives any objections to such deslings and transactions and ratifies, approves and confirms the same. This provision. shall survive Closing, PURCHASER SHOULD NOT EXECUTE THIS AGREEMENT UNTIL PURCHASER HAS RECEIVED THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720,401, FLORIDA STATUTES HAS NOT BEEN PROVIDED TO: THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS AGREEMENT FOR SALE, THIS AGREEMENT !S VOIDABLE BY PURCHASER BY DELIVERING TO SELLER'OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE PURCHASEP'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY. PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. PURCHASER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. SEE EXHIBIT 5 FOR DISCLOSURE STATEMENT. 8. Section 720.402, Florida Statutes Disclosure. ANY PERSON WHO, IN REASONABLE RELIANCE UPON ANY MATERIAL STATEMENT OR INFORMATION THAT IS FALSE OR MISLEADING PUBLISHED BY OR UNDER AUTHORITY FROM THE DEVELOPER IN ADVERTISING AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT OF PURCHASE, THE DECLARATION OF COVENANTS OR ITS EXHIBITS, BROCHURES, AND NEWSPAPER ADVERTISING, PAYS ANYTHING OF VALUE TOWARD THE PURCHASE OF A PARCEL IN A COMMUNITY LOCATED IN THIS STATE,HAS A GAUSE OF ACTION AGAINST THE DEVELOPER. Lack Reliance Of On Saller. Section 720.402, Florida Statutes, provides the cause of action set forth in Section XII B above. EXCEPT ‘AS SET FORTH ELSEWHERE HEREIN, INGLUDING THE LIMITED REPRESENTATIONS AND WARRANTIES OF SELLER IN SECTION Vil! ABOVE, PURCHASER ACKNOWLEDGES, BY INITIALING BELOW, THAT PURCHASER HAS INDEPENDENTLY, AND WITHOUT RELIANCE ON ANY STATEMENTS OF, OR ANY INFORMATION PROVIDED BY, SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER, IDED TO EXECUTE THIS AGREEMENT. Purchaser's Initials, ~ as RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS. ACCUMULATED INA Bl UILDING IN. SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS: WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA, ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTMENT, PURSUANT TO SECTION 404.056 (6), FLORIDA STATUTES. Seller distlaims and essumes no llabikty, and Purchaser waives all warranties; either expressed ot Implied, Including any warranties or habitability or fitness of purpose that could be construed to cover the presence of radon or ‘ther environmental pollutants, The only warranties Seller provides to Purchaser are those contained in the limited warranty described in Section Vill above. E. 2 Ri PURSUANT TO SECTION 553.996, FLORIDA STATUTES, PURCHASER, AT ITS SOLE EXPENSE, MAY REQUEST THAT SELLER CAUSE A STATE CERTIFIED ENERGY RATER TO PERFORM AN ENERGY EFFICIENCY RATING ON THE HOME, PURCHASER AGREES THAT THIS AGREEMENT IS NOT CONTINGENT UPON PURCHASER'S APPROVAL OF THE RATING AND HEREBY RELEASES SELLER FROM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR LEVEL OF THE RATING, PURCHASER ACKNOWLEDGES RECEIPT OF A BROCHURE FROM THE FLORIDA ENERGY GAUGE PROGRAM REGARDING THE FLORIDA ENERGY EFFICIENCY RATING SYSTEM (THE “ENERGY RATING BROCHURE"). |. Pursuant to Section 460.16 of the Code of Federal Regulations, the Insulation Disclosure Addendum atacned Reet io is incorporated herein by reference and made a part hereof. jon_Indus over Section 489.1425, Florida Statutes, provides that PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEQWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER AGREEMENT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: (860) 487-1395/1940 North Monroe Street, Tallahassee, FL 32399-1039. 4. Ad Valorem Taxes. If real estate taxes for the year of Glosing are assessed in the aggregate on the land comprising the portion of the Community where the Home is located, rather than on a homesite-by-homesite basis, Seller will pay such taxes in full when due, and Purchaser will reimburse Seller at the Closing for Purchaser's (so protata share of such taxes from the date of Closing (if such taxes are then known) or the Home's allopableeithershare the prorated) of Seller's estimate of those taxes (if such taxes are not then known) subject to readjustmer Prat are Wt. ROH-EMERALD-005195 request of Seller or Purchaser within six (6) months from the date when the actual tax amount is known. If taxes for the year of Closing are assessed on a homesite-by-homesite basis but such taxes are not due on the date of the Closing, Purctiaser will be responsible for paying such tax bill in full when due and Seller will credit Purchaser at the Closing for Seller’s pro rata share of such taxes (if the amount of such taxes are then known) or the Seller's e: ate of those taxes (if such taxes are not then known) through the date of Clasing, subject to readjustment at either the request of Seller or Purchaser within six (6) months from when the actual amount of the bill is known, if the Closing takes place after Seller has paid the taxes for the year of the Closing, Purchaser will relmburse Seller at the Closing for Purchaser's pro rata share of those taxes from the daté of Closing. Section 689.261, Florida Statutes, provides that a BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. All power lines and electrical appliances that draw electric current have electromagnetic fields. (EMF) around ther, Seller has no expertise or information about EMF or the detection of EMF and does not review or monitor research efforts regarding EMF. As a result, Seller does not make representations or warranties of any kind related ta EMF. Purchaser's local electric utility company servicing the Home or Purchaser's state or local envitanmental, energy or health agencies or the regional office of the Environmental Protection Agency may ptovide such information, J. Mold. Mold is a type of fungus that occurs naturally in the environment. All mold is not harmful, but certain strains of mold have been shown to have adverse health effects in susceptible persons. Residential home construction is nol, and cannot be, designed to exclude mold spores. Mold growth requires moisture which must be kept fo a minimum to avoid the growth 6 mold within the Home. Common sources of moisture include spills, teaks, overfiows, condensation, and high humidity. By minimizing moisture, a homeowner can reduce or eliminate mold growth, Running the Air Conditioning System within the Home at very low temperatures for excessive periods of time can create moisture and lead to the growth of mold In the Home, AS FURTHER STATED IN THE MOLD NOTICE, DISCLOSURE AND WAIVER AGREEMENT ATTACHED H=RETO, SELLER DISCLAIMS AND ASSUMES NO LIABILITY AND PURCHASER WAIVES ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OR HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT COULD BE CONSTRUED TO COVER THE PRESENCE OF MOLD WITHIN THE HOME. THE ONLY WARRANTIES SELLER PROVIDES ARE THOSE CONTAINED IN THE HOMEOWNER’S MANUAL DESCRIBING SELLER'S LIMITED WARRANTY. K. jet Bathtub Disclosure (¥ applicable). if Purchaser has opted for a Jet Tub Option in their new home, Purchaser has been made awase that the option requires additional components to function properly which may or may nof be Visible. This includes, but Js not limited to, an access panel that will be located In the bathroom area. While Royal Oak Homes will do their best to conceal the access panei, Purchaser understands that the master bath will have a flush-mounted, painted panel for tub access in the bathroom. Size, shape and location will vary depending on the for plan. L. i st al un ‘Showroom samples -are only 2 representation and may not be an exact match of what will ba installed. Colors can vary by tone, shade, hue particulate structure as well as veining. Pits, fissures, and Inclusians ere a normal part af ail natural products and are Rot considered as defects, but rather as unique characteristics that are derived from the composition of th rc uct. ‘These variations come from nalure's creation and will make each application unique in its own way. This dmiqueness: should be expected when chaosing any natural product for your home. a wu | Mm. Wiey Regardi Elevations, All homes constructed in the community must have the elevations approved by the appropriate Hameovmers Association. All floor plans have received preliminary approval, but the HOA retains the right to grant final approval, This approval process may require thal Royal Oak Homes make changes to the elevation of your heme, which may include {but not limited to) adding additional stucco bands. stone or shutters. This may cause a deiay in starting the construction of tfie home and/or result in a change to the elevation after construction has started, Any costs associated with elevation changes required by the HOA will be by Royal Oak Homes and nat fesult in additional cost to the Purchaser, Purchaser's Initials K N. Poo! DI Pools and Pool Structures must be built with caution Depending on the lot anc floor plan selected, adding a poo! or extemal structure may present building challenges or additional costs. The location of the septic system (if applicable) m some ots may preventa pool from being built. In other cases, it may require additional expense in the form of retaining walls. If purchasing a pool through Seller, Seller will perfor Fit’ to better determine any unexpected cosis or.challenges, The ‘base pool’ price offered by Seller does not (ude any costs associated with retaining walls or additional decking. if Purchaser is interested in purchasing ip yat a later date, Purchaser acknowledges they dre aware of the risk and potential costs listed above. Purchaser's Initial 9. ines o Cay ‘At the written request of Purchaser, Seller shall provide Purchaser with an Energy Performance Level ("EPL") Display Card by way of Addendum to this Agreement pursuant to Section 583.9085, Florida Statutes. P. Commu Develo, Ss PURSUANT TO SECTION 190.048, FLORIDA STATUTES, PURCHASER IS HEREBY NOTIFIED THAT THE COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY, THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND crass Soest ROH-EMERALD-605196 MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENT TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. LJeneck (OR INITIAL) HERE IF HOME IS LOCATED WITHIN A COMMUNITY DEVELOPMENT DISTRICT. , Executive Order 13224 requiras all United States entities and persons to block assets and not transact business with entities, countries and persons (specifically designated nationals) set forth by the Office of Foreign Asset Control (‘QEAG"). This requirement applies to Seller and all of its affiliates (collectively, the “Seller Affiliates"), Accordingly, Sellar will check current OFAC lists and: other publications in connection with each potential transaction, loan, or hame sale. In orderta check the OFAC list, Purchaser must provide to Seller 2 government. isgued photo identification card (this might include a driver's license, passport or resident alien card). To the extent Purchaser (or any single person or eniity constituting a part of Buyer) matches a name or entity on any such OFAC list or publication, the transactions with Purchaser contemplated under or in connection with this Agreement will be immediately suspended, and Purchaser shall be reported as-Instructed by the OFAC. R. Sinkhole Notice. Real property in Florida is susceptible to the formation of sinkholes, which generally form in karst terrain principally tram the collapse of surface sediments into underground voids and'c