2018 Spring Parade of Homes REGISTRATION FORM

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Elijah Hunter
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1 REGISTRATION FORM I WISH TO ENTER THE FOLLOWING HOME Registration fee is enclosed $550 for one home and/or Builder s personal home $ 450 for the second and subsequent homes $ 850 for multiple unit home(s) or each living unit constitutes one entry $ 350 for any home registered in a previous Parade; except Builder s personal home $ 1,050 for Feature Home $ 100 late fee for each home entered after March 22, 2018 (No registrations accepted after March 29, 2018) Registration is due to the HBA office by 5:00PM on March 22 Sign deposit required: Enclose a separate check for $ 200 for each home entered and/or $1,000 for the Feature Home, which will be held and returned to after the Parade upon receipt of materials as indicated on Agreement. COMPANY INFORMATION This information will be printed with your entry listing COMPANY CONTACT COMPANY ADDRESS CITY, STATE WORK PHONE ( ) - WEBSITE ZIP HOME INFORMATION Complete one form for each home entered PARADE HOME ADDRESS TYPE SINGLE FAMILY/VILLA TOWNHOME/CONDO/TWINHOME HOME IS SOLD FOR SALE IS THIS HOME YOUR PERSONAL RESIDENCE? YES NO HOME IS STAGED NOT STAGED OPTIONAL AWARDS ENTRY Please check one YES I have attached the completed Award Entry Form NO I would not like to enter the awards PRICE CATEGORY FOR PROGRAM (including lot price) Please check one A $ 160,000 $ 200,000 D $ 300,000 $ 375,000 G $ 550,000 $ 750,000 B $ 200,000 $ 250,000 E $ 375,000 $ 450,000 H $ 750,000 $ 1,000,000 C $ 250,000 $ 300,000 F $ 450,000 $ 550,000 I Over $1,000,000 LEVEL OF COMPLETION Please check one LEVEL 1 Under construction, safe, with adequate walkways, stairways with guardrails, sheet rock hung LEVEL 2 Complete, wallpapered, painted, floor coverings installed (does not include basement) ITEMS TO TO ANNETTE@HBASIOUXEMPIRE.COM BY MARCH 29, 2018 BY 5:00PM 1. Certificate of insurance (liability) for entry home address above. (Add the HBASE as an additional insured) 2. Plat map to registration form, or stop by the HBASE office to mark the exact location on our city map (preferred) 3. Six bullet points (bullets totaling no more than 600 characters to describe home features. First bullet point should include square footage, number of bedrooms, bathrooms and style of home. Text may be edited for the program.) 4. Front elevation line drawing or 3D image in high resolution (no photos allowed) black and white only 5. Company logo (design/vector format preferred (.ai,.pdf,.eps) PROGRAM PROOF - Each Builder is encouraged to proof their listing from April 11-13, 2018 (no changes after this date). TO SEND PROGRAM PROOF Home Builders Association of the Sioux Empire ( Association ) and the undersigned home builder ( Builder ) agree to abide by the attached terms and conditions: ASSOCIATION: Company: Home Builders Association of the Sioux Empire Signature: Date: BUILDER: Company: Signature: Date: Page 1 of 5

2 PARTICIPANT TIMELINE Thursday, March 22, 2018 Feature Home Registration Deadline by 5:00PM No Feature Home Applications will be accepted after this date! All documents due at the time of registration for a Feature Home application. Parade Registration Deadline by 5:00PM Late fee of $ 100 for each home entered after 5:00PM (through March 29 at 5:00PM) - No exceptions! Documents due: Entry Fee, Sign Deposit, Signed Registration Form, Insurance Certificate, Company Info, logo and Graphics, Plat Map Thursday, March 29, 2018 Last day for builders to submit line drawings, logos and bullet points for the Home Ideas Magazine Final deadline to enter, change home s address or withdraw/cancel Absolutely no homes can be entered or substituted after this date After this date, there are no registration fee refunds Friday, April 13, 2018 Deadline for builders to proof program information & map Proofs available on Wednesday, April 11 (only if requested) Wed-Fri, May 9-11, 2018 Pick up signs, pennants, arrows, etc at HBASE office Office hours: 8:00AM to 5:00PM Sat Sun, May 12-13, 2018 Sat Sun, May 19-20, 2018 Parade of Homes HOURS Saturday & Sunday 1:00-5:00PM Saturday, May 12, 2018 Builders 5:30PM Mon Tues, May 21-22, 2018 Return signs, etc to HBASE office by May 22 before 5:00PM to get deposit returned $ 50 will be deducted from deposit for each sign damaged or not returned Page 2 of 5

TERMS & CONDITIONS Home Builders Association of the Sioux Empire ( Association ) and the undersigned home builder ( Builder ) agree as follows: 1. Parade Schedule.

3 TERMS & CONDITIONS Home Builders Association of the Sioux Empire ( Association ) and the undersigned home builder ( Builder ) agree as follows: 1. Parade Schedule. Association will hold the Parade of Homes ( Parade ) according to the schedule in the Participant Timeline. 2. Planning, Promoting and Operating Parade. Association will plan, promote and operate the Parade. Association has the exclusive right to set the dates and time during which the Parade will be open to the public, procure sponsors for the Parade, create signage and marketing materials for the Parade, and advertise and issue press releases for the Parade. 3. Registration Fee and Deposit. Builder will pay Association the registration fee and the deposit as specified in the Parade Registration Form, and if applicable, the Feature Home Application Form. The registration fee is nonrefundable unless this Agreement is terminated in accordance with section 15. The deposit will be refunded, without interest, within 30 days after the Parade unless Builder defaults on its obligations under this Agreement. 4. Definition of Home. Home means a single family house, condominium apartment, town house, town home, or housing cooperative where membership in the cooperative is strictly limited to stockholder occupants of the building, which is assessed and taxed as a separate unit. It does not include any manufactured home or modular home. 5. Eligibility Requirements. To be eligible for the Parade, (a) the Home must be new and not previously occupied, or (b) if the Home is Builder s personal residence, it must be less than two years old and may not have been registered in more than three previous Parade of Homes. The Home must also meet one of the following levels of construction: Level 1 Under construction: fully enclosed, interior walls covered with sheetrock, stairways with guardrails, walkway to entrance; or Level 2 Completed: interior walls covered with paint or wallpaper, floor coverings installed. 6. Program Listing. Association will list the Home in the Parade Program. The listing will be based on the information provided by Builder in the Program Information Form. Association is not liable for any errors in the Parade Program. 7. Photos. Association may photograph or film the interior and exterior of the Home and use the photos or film in any advertisement, program, brochure or other promotional material. 8. Signs and Marketing Materials. Association will provide Builder with directional signs and yard signs for the Parade. Builder must return the signs to Association by 5:00 P.M. on May 22, Association may deduct $50 from the Deposit for any sign that is damaged or not returned. 9. Open House. During the Parade, Builder will keep the Home open for public viewing and will remain on the premises to show the home to visitors. Once event registration has closed, the Association will permit Builder to close the Home to public viewing during the Parade if Builder has entered into contract of sale that expressly prohibits Builder from keeping the Home open during the remainder of the Parade and Builder has provided a copy of the contract to Association. All presold homes must be open for public viewing during the entirety of the event. 10. Parking. Builder will provide onsite parking for vehicles. If there are not enough parking spaces available onsite, Builder will provide offsite parking and transportation to and from the Home. Builder will be responsible for any parking and transportation coordination and costs. 11. Special Provisions for Feature Home. A. Builder may enter the Home in the Parade as a Feature Home. Association will select no more than two homes to be shown as a Feature Home. B. To qualify as a Feature Home: 1) The market value of the Home must be at least $750,000; 2) The Home must be new and not previously occupied; 3) The Home may not have been registered in any previous Parade of Homes show; Page 3 of 5

4 4) The Home must be fully constructed, including the basement, with exterior walls painted or otherwise finished, interior walls covered with paint or wallpaper, and floor coverings installed; and 5) The entire Home must be furnished and decorated C. If the Home is selected as a Feature Home: 1) Builder will pay the additional registration fee and deposit as specified in the Feature Home Proposal and Registration Form; 2) Builder will charge an admission fee to view the Home in an amount to be established by the Association, and Association will donate the proceeds to the Sioux Empire Home Builders Care Foundation; 3) Builder will have trailers and other construction equipment to be removed from the adjacent street during the Parade; 4) Builder will reserve the driveway of the Home for official Parade vehicle sponsors; and D. Association will: 1) Publish a full page article about the Home in the Parade Program; 2) Include information about the Home in the Parade press kit; 3) Publish information about the Home on Association s website, including Builder s logo and a link to Builder s website; 4) Promote the Home during media interviews; 5) Issue a press release after the Parade announcing the amount of money the Home raised for the Sioux Empire Home Builders Care Foundation; 6) Provide a tagline on radio and TV commercials for the Parade encouraging the public to visit the Home; 7) Give Builder special yard signs and directional arrows for the Home; 8) Give Builder 30 complimentary Feature Home admission tickets; and 9) Give Builder a Feature Home appreciation plaque. 12. Representations and Warranties. Builder represents and warrants that the following statements are true: A. Builder is a member in good standing of the Association and will continue to be a member in good standing during the term of this Agreement; B. Builder owns the Home or has entered into a written contract with the Homeowner to act as general contractor for the construction of the Home; C. Builder has full power and authority to enter into this Agreement and to perform its obligations under this Agreement, and the signatory below has been authorized to sign this Agreement; D. The Home is not part of a bankruptcy proceeding, foreclosure action, or deed-in-lieu-of-foreclosure transaction; E. Builder is not in default on any mortgage or encumbrance on the Home; and F. The Home complies in all material respects with all applicable laws. 13. Insurance. During the Parade, Builder will maintain a policy of commercial general-liability insurance that covers premises, operations, broad-form property damage, personal-injury hazards, and contractual liability. The liability limits under the policy will be $1 million per occurrence, with a combined single limit for bodily-injury and propertydamage liability. The policy will name Association as an additional insured and provide coverage to Association on a primary basis and will not require contribution from Association s insurance policy. The insurance policy will provide that the coverage may not be cancelled or materially changed without 10 days prior written notice to Association of any cancellation or any modification, including a reduction in coverage. The insurance policy will be issued and maintained by an insurer approved to do business in the State of South Dakota and will have an A.M. Best Company financial-strength rating of A- or better. On or before the late registration deadline date, Builder will provide to Association a certificate of insurance as evidence of the coverage required under this Agreement. 14. Indemnity. Builder will fully indemnify, hold harmless and defend Association and its directors, officers, employees, and agents (collectively, Indemnified Parties) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney s fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from (a) any breach of any representation or warranty of Builder contained in this Agreement, (b) any breach of any covenant or other obligation or duty of Builder under this Agreement or under applicable law, (c) any personal injury, including death, and property damage, including fire, theft or vandalism, incurred in connection with the Parade, in each case whether or not the relevant claim has merit, except to the extent that the claim results from the sole active negligence of the Indemnified Party. 15. Default and Remedies. Builder will be in default under this Agreement if Builder fails to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement. In the event of a default, Association may (a) terminate this Agreement by giving notice to Builder; and (b) retain the registration fee and the deposit as liquidated damages or seek any other available legal or equitable remedy. Page 4 of 5

5 16. Early Termination. A. In addition to Association s right of termination under section 14, Association may terminate this Agreement if (a) Association reasonably determines that holding the Parade has become infeasible because of a change in applicable law or regulation, a natural disaster, such as a tornado, earthquake, flood, fire or explosion, or any other reason, and (b) Association gives Builder notice. If Association terminates the Agreement under this section, Association will refund, without interest, the registration fee and the deposit. B. Builder may terminate this Agreement for any reason by giving notice to Association on or before March 29, If Builder terminates this Agreement under this section, Association will refund, without interest, the registration fee and the deposit. 17. Assignment. Builder may not assign its rights or obligations under this Agreement without Association s written consent. 18. Entire Agreement; Modification. This Agreement contains all the terms and conditions agreed on by the parties. Any previous agreements between the parties are replaced by this Agreement. This Agreement can be modified or changed only by a written instrument signed by both parties. 19. Waiver. A party s waiver of enforcement of any of this Agreement s terms or conditions will be effective only if in writing. A party s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default. 20. Severability. If any part of this Agreement is held indefinite, invalid, or otherwise unenforceable, the rest of the Agreement will continue in full force. 21. Choice of Law. This Agreement is governed by and must be interpreted under South Dakota law, without regard to its choice-of-law provisions. 22. Notices. Notices provided for by this Agreement may be delivered in person, by reputable express courier, or by registered or certified mail (postage prepaid) to a party s address stated below. Notice sent by U.S. mail is deemed delivered three days after deposit with the U.S. Postal Service. Notice sent by a reputable express carrier is deemed received on the day receipted for by the party or its agent. Either party may change its address as listed below by giving written notice to the other party. 23. Incorporation of Attached Documents. The Registration Instructions, Participant Timeline, Registration Form, Program Information Form, and Feature Home Proposal are attached to this Agreement and fully incorporated into this Agreement. 24. Violation of Rules. Violation of rules as outlined in the Parade of Homes Agreement may result in omission from participating in the Parade of Homes event for the following 12 months. Page 5 of 5

DREAM HOME TOUR PARTICIPATING BUILDER AGREEMENT

DREAM HOME TOUR PARTICIPATING BUILDER AGREEMENT This Dream Home Tour Developer Agreement ( Agreement ) is between Home Builders Association of the Sioux Empire ( Association ) and ( Builder ). Recitals