Common use of MODEL HOMES Clause in Contracts

MODEL HOMES. (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "A". (b) Notwithstanding anything herein written, if at the time that this Agreement is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "as built" condition rather than in accordance with any other representations herein contained. (c) Furthermore, in the event that the Dwelling has been used as a model or show home, the Purchaser acknowledges that the subject premises has been used extensively as a "Model" of "Show" home, and as such, has been subjected to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed in writing, no refinishing shall be done by the Vendor on the subject premises and the Purchaser agrees to accept the dwelling on closing on an "as-is" basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colours.

MODEL HOMES. a) The Developer may construct Model Homes, constituting not more than a total of eight (8) Model Homes, on the lands of the Draft Plan prior to registration of a Plan of Subdivision over all or a Stage of the Draft Plan in accordance with the provisions of the applicable Zoning By-law and all applicable law, provided that: i. The Developer receives a Building Permit from the City’s Chief Building Official for each Model Home to be constructed; and, ii. The Developer confirms that there is adequate water supply and pressure with fully operational hydrants to within ninety (90) metres of any Building erected on the lands of the Draft Plan for fire protection; and, iii. The Developer agrees to maintain at all times a clear access for emergency services and conduct appropriate seasonal maintenance on all unassumed Roads and secondary means of egress; and, iv. The Developer acknowledges that every sixth Lot shall serve as a firebreak Lot and agrees that: (a) The Purchaser acknowledges that he has purchased No construction will commerce on a designated firebreak Lot or Block without the Dwelling on written approval of the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "A".Fire Chief; (b) Notwithstanding anything herein writtenthat a Building Permit has been issued for Lots or Blocks designated as firebreak Lots, if at no construction shall proceed until the time that this Agreement is executedexterior finish cladding, the dwelling constructed roofing and windows on the Real Property unit abutting each side Lot line has already been substantially completed, unless otherwise approved by the Purchaser shall purchase Fire Chief; and, v. The Developer confirms that there is Road access, acceptable to the Real Property in an "City, with a minimum base coat asphalt on top of a suitable road base to support the expected loads imposed by fireifghiting equipment. A portion of a roadway or yard provided as built" condition rather a required access route for Fire department use shall: (a) Have a clear width not less than in accordance with any other representations herein contained.6 m; (b) Have a centerline radius not less than 12 m; (c) FurthermoreHave an overhead clearance not less than 5 m; (d) Have a change of gradient not more than 1 in 12.5 over a minimum distance of 15 m; (e) Be designed to support the expected loads imposed by firefighting equipment and be surfaced with concrete, asphalt or other material designed to permit accessibility under all climatic conditions; and, vi. The Developer agrees that an operable fire hydrant is to be available within ninety (90) metres of any Model Home with sufficient flows as deemed necessary by the City of Thorold; and, vii. The Developer agrees that the model homes are connected to the municipal water and waste water system; and, viii. The Developer agrees that access for emergency services and water supply availability for fire fighting shall be approved by the Fire Department prior to issuance of Building Permits for the Model Home; and, ix. The Developer certifies to the City that Lots designated for Model Home construction have been pre-graded to the elevation shown on the Final Grading Plan for the Land, making due allowance for the final application of top soil and sod and for material to be excavated for foundations and basements of the Model Homes to be constructed. b) In order to guarantee compliance with all the terms and conditions contained within this section, the Developer covenants and agrees to place security with the Chief Building Official in an amount of $30,000.00 for each and every Model Home in a form satisfactory to the City, prior to issuance of a Building Permit for construction of any Model Home permitted by this Agreement. The City may adjust the amount of security required if the actual cost exceeds the original security amount and the Developer shall be required to obtain, and the Developer hereby covenants to obtain, an amendment to the security to give effect thereto. In the event the Developer fails to increase the amount of security within seven (7) days of receipt of aforesaid written Notice, then the Developer shall be deemed to be in Final Default of the terms and conditions of this Agreement. c) The security deposit is required to secure, but is not limited to: i. Demolition of any number of Model Homes beyond that which is permitted by the relevant Zoning By-law for the lands of the Draft Plan in the event a Plan of Subdivision for such Land is not registered in accordance with the terms of this Section; and/or, ii. Maintenance and/or clean-up of the City’s Roads in the event that they become damaged or soiled with earth and debris as a result of Model Home construction. d) The City shall release the Dwelling security deposit required under this Section, or remaining balance thereof, without interest, to the Developer provided: i. A Plan of Subdivision has been registered on the Lands of the Draft Plan; and, ii. There are no outstanding obligations required of the Developer with respect to the security held under this Section. e) All Model Homes constructed under the provisions of this Section shall be used for the sole purpose of showcasing the residential units on the Lands of the Draft Plan, shall not be occupied by a commercial use, and shall not be occupied as a model dwelling unit until: i. A Plan of Subdivision has been registered against all or show homea stage of the Lands of the Draft Plan; and, ii. The City has received from the Developer a Surveyor’s Real Property Report prepared by an Ontario Land Surveyor showing the location of the constructed Building on the Lot and the City has determined that the location of such Building complies with the requirements of the Building and Zoning By-laws of the City, and any other By-law of the City that may apply; and, iii. The Building has passed an inspection for Occupancy to the satisfaction of the Chief Building Official, or designate, pursuant to the conditions for occupancy in the Building Code Act and Regulations thereunder. f) The Developer shall register a Plan of Subdivision on the Land of the Draft Plan, within twelve (12) months of issuance of a building permit for the first Model Home. g) In the event that the Developer cannot register the Plan of Subdivision within twelve (12) months of the date of issuance of a Building Permit for the first Model Home, the Purchaser acknowledges that Developer may upon written request to the subject premises City, apply for an extension, provided the request for such extension is received by the City within twelve (12) months of the date of issuance of a Building Permit for the first Model Home. h) Where the Developer has not registered a Plan of Subdivision on the Lands of the Draft Plan and no written request for extension to register a Plan of Subdivision has been used extensively as received by the City within twelve (12) months of the date of issuance of a "Model" Building Permit of "Show" homethe first Model Home, then the City may, upon written notification to the Developer, require the Developer to immediately: i. Demolish any number of Model Homes, which are beyond the maximum number permitted by the relevant Zoning By-law on the lands of the Draft Plan; and, ii. To restore the Land to its original state to the reasonable satisfaction of the City. i) In the event that no action is taken by the Developer, satisfactory to the City, to remove such Model Homes within thirty (30) days after the mailing of such Notice, the City has, and as suchis hereby given, has been subjected the right of entry by the Developer to the normal wear Land and tear associated with may do and perform any and all actions, matters and things that purpose. Unless otherwise specifically agreed in writing, no refinishing shall may be done required to demolish any number of Model Homes which are beyond the maximum number permitted by the Vendor relevant Zoning By-law on the subject premises and the Purchaser agrees to accept the dwelling on closing on an "as-is" basis. For the purposes of clarity only, and without restricting the generality land of the foregoingDraft Plan and in pursuance thereof, may hire labour, equipment and purchase such materials as the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain coloursCity considers necessary. Costs incurred by the City pursuant to this subsection may be charged against the security deposit required under this Section.

MODEL HOMES. (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement which he has viewed and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded up-graded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtureslighting, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "“A"”. (b) Notwithstanding anything herein written, if at the time that this Agreement of Purchase and sale is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "“as built" ” condition rather than in i n accordance with any other representations herein contained. (c) Furthermore, in the event The Purchaser acknowledges that the Dwelling has been used as new home industry is multi-faceted and complex and that while sales representatives are knowledgeable about most issues regarding the purchase and construction of a model or show new home, they cannot be expected to know all aspects in detail. Accordi ngly, the Purchaser acknowledges that no representations have been made to the subject premises has been used extensively as a "Model" of "Show" homePurchaser, upon which the Purchaser relies, and as such, has been subjected which were essential to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed Purchaser’s decision to purchase this Property, except as are set forth herein in writing. There is no representation, no refinishing shall be done warranty, collateral agreement or condition affecting this Agreement or the Property, or supported hereby, except as set forth herein in writing. The Purchaser is encouraged to have this Agreement reviewed by the Purchaser’s solicitor prior and/or seek tax advice to signing same. Failure to do so will be at the sole option of the purchaser(s). d) The Purchaser(s) confirm and acknowledge and consent to the fact that the Vendor’s Agent or any other representative or agent of the Vendor on acts as an agent only for the subject premises Vendor and will be compensated only by the Vendor. The Purchaser(s) hereby acknowledge that the listing broker represents the interests of the Vendor and the Purchaser, and there has been, and is, dual agency. The Vendor and the Purchaser agrees acknowledge and consent to accept such dual agency and release the dwelling on closing on an "asBroker of duty of confidentiality regarding the transaction. Schedule X as of May 15, 2020 – New E-is" basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colours.signature Clause

MODEL HOMES. (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement which he has viewed and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded up-graded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtureslighting, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "“A"”. (b) Notwithstanding anything herein written, if at the time that this Agreement of Purchase and sale is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "“as built" ” condition rather than in i n accordance with any other representations herein contained. (c) Furthermore, in the event The Purchaser acknowledges that the Dwelling has been used as new home industry is multi-faceted and complex and that while sales representatives are knowledgeable about most issues regarding the purchase and construction of a model or show new home, they cannot be expected to know all aspects in detail. Accordi ngly, the Purchaser acknowledges that no representations have been made to the subject premises has been used extensively as a "Model" of "Show" homePurchaser, upon which the Purchaser relies, and as such, has been subjected which were essential to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed Purchaser’s decision to purchase this Property, except as are set forth herein in writing. There is no representation, no refinishing shall be done warranty, collateral agreement or condition affecting this Agreement or the Property, or supported hereby, except as set forth herein in writing. The Purchaser is encouraged to have this Agreement reviewed by the Purchaser’s solicitor prior and/or seek tax advice to signing same. Failure to do so will be at the sole option of the purchaser(s). d) The Purchaser(s) confirm and acknowledge and consent to the fact that the Vendor’s Agent or any other representative or agent of the Vendor on acts as an agent only for the subject premises Vendor and will be compensated only by the Vendor. The Purchaser(s) hereby acknowledge that the listing broker represents the interests of the Vendor and the Purchaser, and there has been, and is, dual agency. The Vendor and the Purchaser agrees acknowledge and consent to accept such dual agency and release the dwelling on closing on an "as-is" basis. For Broker of duty of confidentiality regarding the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colourstransaction.

MODEL HOMES. (a) a. The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm alar m systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist consis t of only those items listed on Schedule "A"any schedules attached hereto. (b) b. Notwithstanding anything herein written, if at the time that this Agreement is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "" as built" condition rather than in accordance with any other representations herein contained. (c) c. Furthermore, in the event that the Dwelling has been used as a model or show home, the Purchaser acknowledges that the subject premises has been used extensively as a "Model" of "Show" home, and as such, has been subjected to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed in writing, no refinishing shall be done by the Vendor on the subject premises and the Purchaser purchaser agrees to accept the dwelling on closing on an "as-is" basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colours.

MODEL HOMES. SAMPLE (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "A". (b) Notwithstanding anything herein written, if at the time that this Agreement is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "as built" condition rather than in accordance with any other representations herein contained. (c) Furthermore, in the event that the Dwelling has been used as a model or show home, the Purchaser acknowledges that the subject premises has been used extensively as a "Model" of "Show" home, and as such, has been subjected to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed in writing, no refinishing shall be done by the Vendor on the subject premises and the Purchaser purchaser agrees to accept the dwelling on closing on an "as-is" basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colours.

MODEL HOMES. (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, laminate, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "“A"”. (b) Notwithstanding anything herein written, if at the time that this Agreement is executed, the dwelling Dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "“as built" ” condition rather than in accordance with any other representations herein contained. (c) Furthermore, in the event that the Dwelling has been used as a model or show home, the Purchaser acknowledges that the subject premises has been used extensively as a "“Model" ” of "“Show" ” home, and as such, has been subjected to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed in writing, no refinishing shall be done by the Vendor on the subject premises and the Purchaser purchaser agrees to accept the dwelling on closing on an "“as-is" ” basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colours.

MODEL HOMES. (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "AB". (b) Notwithstanding anything herein written, if at the time that this Agreement is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "as built" condition rather than in accordance with any other representations herein contained. (c) Furthermore, in the event that If the Dwelling has been used as a model or show home, then the Purchaser acknowledges that the subject premises Dwelling has been used extensively as a "Model" of or "Show" homehome and, and as such, has been subjected to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed in writing, no refinishing shall be done by the Vendor on the subject premises Dwelling and the Purchaser agrees to accept the dwelling Dwelling on closing on an "as-is" basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, and sun-faded paint and stain colours.

MODEL HOMES. (a) The Purchaser acknowledges that he has purchased the Dwelling on the basis of plans appended to this Agreement and not from a model, vignette or sales office samples. The Purchaser acknowledges that the model homes, if any, may have items installed for decor purposes, such as, but not limited to, upgraded flooring materials, ceramic tile, hardwood, carpet, paint, kitchen cabinets, countertops, lighting and fixtures, driveways, walkways, railings and pickets, skylights, entry doors, interior doors, paneling, wallpaper, window treatment, drapes, curtains, plumbing supplies, intercom systems, alarm systems, appliances, landscaping, underground sprinkler systems, underground lighting, decks and finished basements. The Purchaser acknowledges and agrees that these decor items will not be included in the Purchase Price and that the contract will consist of only those items listed on Schedule "A". (b) Notwithstanding anything herein written, if at the time that this Agreement is executed, the dwelling constructed on the Real Property has already been substantially completed, the Purchaser shall purchase the Real Property in an "as built" condition rather than in accordance with any other representations herein contained. (c) Furthermore, in the event that the Dwelling has been used as a model or show home, the Purchaser acknowledges that the subject premises has been used extensively as a "Model" of "Show" home, and as such, has been subjected to the normal wear and tear associated with that purpose. Unless otherwise specifically agreed in writing, no refinishing shall be done by the Vendor on the subject premises and the Purchaser purchaser agrees to accept the dwelling on closing on an "as-is" basis. For the purposes of clarity only, and without restricting the generality of the foregoing, the Purchaser hereby waives any claim in respect of scratched floors, counters or plumbing fixtures; or, sun-faded paint and stain colours.