January 22, 2000



2020 PARADE OF HOMES™ BUILDER AGREEMENT

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DEFINITIONS and TERMS

Date: __________________

Association: Texas Panhandle Builders Association, Inc.

Association Address: 5601 Enterprise Circle

Amarillo, Texas 79106-4631

Association’s Phone Number: (806) 353-3565 FAX Number: (806) 353-4507

Builder:

Builder’s Address:

Builder’s Telephone Number:

Parade Property Address

& Subdivision:

Parade Dates: April 23rd, 24th, 25th, 26th - April 30th-May 1st, 2nd, 3rd

AGREEMENT

The Association and the Builder agree as follows:

1. Location. The Association will conduct the Parade of Homes™ (the Parade”) on the Parade Dates. The Parade locations will be on Multiple Sites.

2. Rules. The Builder will construct a house on the Property and enter it into the Parade. The Builder will timely comply with all rules and regulations established by the Parade Committee of the Association (the “Committee”), a copy of which is marked EXHIBIT “A” and attached hereto and made a part of hereof for all purposes.

3. Fees. To participate in the Parade, the following non-refundable fees must be paid to the Association.

a) $1,750.00 Parade Fee to be paid by the Builder on or before January 3, 2020. If this Agreement is dated after January 3, 2020, the Builder must pay an additional non-refundable late fee of $500.00 to the Association to participate in the Parade.

1. $500.00 of the $1,750.00 entry fee, will be reimbursed to the builder concluding the event if the builder has successfully followed the rules of this agreement.

b) Any entries after January 4, 2020 have no guarantee to participate in any Parade advertising including the tabloid newspaper, etc.

4. The house can not be completed for more than six months prior to the starting date of the parade unless otherwise approved by the Parade Committee.

5. Advertisements. The Association, in its sole discretion, will advertise and promote the Parade to stimulate public awareness of the Parade. During Parade hours only members of the TPBA will be allowed to advertise inside the house or on parade property. This is a member perk and each house will be monitored by Board Members. If the builder does not follow the advertising rules, the association may declare the builder default under the terms of this agreement and may choose to remove the home from the Parade & the builder will not receive the $500.00 reimbursement at the close of the event.

6. Open House. The Builder will keep his house open to the public at all times as established by the Committee during the Parade. The Builder will have representatives in the house when it is open for viewing by the public.

7. Ticket Sales. The Builder will furnish adequate representatives to sell and take tickets at the main entrance of each Parade home during this scattered site Parade at times established by the Association. The Association will cooperate with the Builder in allowing the Builder representative to take tickets when the public enters the Builder’s house.

8. Builder Information. The Builder must submit to the Association the following as described by the 2020 Parade of Homes™ Committee no later than a deadline to be determined by the TPBA office and notified via email. The builder will be notified of that date as soon as possible:

a) floor plan and/or elevation for the house to be built on the Property;

b) detail description of the home

c) Any other information the Builder desires to have included in advertisements.

d) Photos and/or elevation must be same as final construction

If the information furnished by the Builder is more than may be included in the standard advertisement for a Builder, the Association will notify the Builder. The Builder will have the right to edit the information so that it will comply with the Association’s requirements. If the Builder fails to edit the information within the time required by the Association, the Association is authorized to edit the information and the Association will not have liability to the Builder for such editing.

9. Completion of House. The Builder must diligently pursue the completion of construction of the house so that it is completed at least one (1) day before the beginning date of the Parade. The Committee will inspect the house approximately one (1) week before the beginning date of the Parade. If the Committee determines that the Builder will be unable to complete the construction of the house before the beginning date of the Parade, the Builder must:

i) withdraw the house from the Parade,

ii) not continue to advertise the house as an entry in the Parade, and

iii) not open the house for inspection by the public during the dates of the Parade.

**Unless otherwise approved by the Parade Committee.

10. Builder Meetings. The Builder or his representative must attend all builder meetings regarding the Parade. If the Builder or his representative misses more than two builder meetings regarding the Parade, at the Association’s sole discretion, the Association may declare the Builder to be in default under the terms of this Agreement.

11. Breach. If the Builder fails to comply with the rules or fails to reasonably cooperate with the Association in promoting and conducting the Parade, the Association, in its sole discretion, may disqualify the Builder from participation in the Parade & the Builder will not receive the reimbursement amount of $500.00.

12. Release. The Builder releases and forever discharges the Association and the Developers, sponsors, their officers, directors, shareholders, agents, employees, attorneys, members, and representatives of any kind and in whatever capacity – and any person or entity in privity with or liable for any one of them – of and from all liabilities, causes of action, claims, and demands of any kind resulting from:

a) all decisions of the Committee and the Association regarding the Parade;

b) all causes of action resulting from injury to anyone during the Parade;

c) all causes of action resulting from mental anguish and bodily physical injuries;

d) all other claims, whether in tort or contract;

e) all claims for attorney’s fees, paralegal fees, court costs, costs of investigation; and,

f) all damages resulting from the Committee’s or the Association’s removal of the Builder’s house from the Parade whether actual, consequential, exemplary, punitive, trebled, discretionary, or otherwise.

13. Indemnity. To the fullest extent permitted by applicable law, the Builder will indemnify the Association and the Developers, sponsors, their officers, directors, shareholders, agents, employees, attorneys, members, and representatives (collectively the “Indemnified Parties”) for, from, and against, and will reimburse the Indemnified Parties with respect to all claims, causes of action, losses, damages, liabilities, costs, and expenses – including attorney’s fees, paralegal fees, court costs, costs of investigation – asserted against or incurred by the Indemnified Parties by reason of or arising out of any claim or cause of action resulting from any claims for bodily injury, death, damages for loss of property, breach of warranty, breach of contract, financial loss, and all other claims asserted against the Indemnified Parties as a result of the Parade.

14. Notices. Any notice, tender, or delivery to be given hereunder must be in writing and will be affected by personal delivery. Notice will be deemed received upon personal delivery or one day after mailing. Mailed notices must be addressed as set forth under “Definitions and Terms”, but each party may change his address by written notice according to this paragraph.

15. Entire Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the within subject matter. This Agreement may not be amended or modified except in writing and signed by all parties hereto.

16. Parties Bound. This Agreement is binding upon and inures to the benefit of parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

17. Gender. Whenever used, the singular includes the plural, the plural the singular, and the use of any gender includes all genders.

18. There can only be four (4) signs in the front of the Parade House.

19. Only TPBA Members may advertise during the Parade. Non-Member Advertisements will be removed.

20. If you must close your Parade Home for any reason you must notify Executive Officer, Kenzee Cann. Her number is (806) 282-6488. You may call or Text.

21. Parade “Sponsors” (Volunteers) must pick up the Parade Box(es) the first day of the parade which will include $200.00 Starting Cash.

22. Parade judging will take place the first Friday of the Parade (April 24th). Plan to have parade home unlocked for the judging process.

23. Parade Builders/Sponsors will need to provide their own table for ticket check in process.

24. Any Marketing Material created by the Builder or Realtor® of the home using the term “Parade of Homes” must include the trademark symbol at the end, “Parade of Homes™” This term is trade marked by the Dallas Association of Builders and can be purchased by contacting their office.

COMPANY:

Signature:

Date Signed:

EXHIBIT “A” TO 2020 BUILDER AGREEMENT

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2020 PARADE OF HOMES™ RULES and REGULATIONS

MISSION STATEMENT: To create excitement toward the housing industry through the use of progressive home design and ideas, coupled with the innovative use of products, both new and existing, resulting in positive influences on the marketplace.

1. The Builder’s intent in showing a house in the Parade is to display his/her best work for the price range of product entered.

2. The Builder must be a paid member in good standing with the Association.

3. The house must be fully completed before the opening of the Parade. “Fully completed” is defined as:

a) exterior concrete completed;

b) exterior paint completed;

c) front yard landscaped with rear yard final grade completed;

**Unless otherwise approved by the Parade Committee

d) exterior decks completed;

e) floor coverings completed;

f) cabinetry and interior fixtures completed; and,

g) final clean up completed.

**Unless otherwise approved by the Parade Committee

4. The house entered in the Parade must not have ever been occupied prior or during the Parade Dates unless otherwise approved by the Parade Committee.

5. Each Home is to be open during the Parade Dates and times, unless otherwise approved by the Parade Committee.

6. The house should be of excellent exterior design appeal.

7. The Builder is encouraged to use new and innovative products. Product upgrades are expected.

8. The Builder is encouraged to landscape the entire lot; however front landscaping is required as a minimum unless otherwise approved by the Parade Committee.

9. The choice of furnishings, interior accessories and accents will reside with the Builder to do as he or she wishes. Only TPBA members will be allowed to have literature in the homes or display signs in the parade homes.

The TPBA Executive Officer, the parade chairperson, or member of the Executive Board has the authority to remove all unqualified literature.

10. The only exterior signs allowed on site during the Parade Dates will be those approved by the Association. No signs will be allowed if the company is not a member of the Texas Panhandle Builders Association. The only front yard signs allowed will be the builder, the realtor, the sponsor and the financial institution. A security sign will be allowed, at the builder’s discretion. The Association will regulate the size and placement of the security sign.

The TPBA Executive Officer, the parade chairperson or member of the Executive Board has the authority to remove any signs.

It is the builder’s responsibility to secure volunteers to man their home(s) during Parade hours and to advise all subs of the rules and to enforce the rules in their Parade Home. Please advise your volunteers taking tickets at your Parade home that no one over the age of 12 may enter without a Parade ticket. (No Exceptions)

The Parade builder or volunteer picking up the Parade Box(es) for your home(s) must sign a release stating they have received the $200 cash for change, Parade Box items and are ultimately responsible for all its’ contents and the return of the Parade Box and all of its’ contents at the close of the Parade to the TPBA Office.

SIGNATURE___________________________________________________

DATE: ___________________________

Texas Panhandle Builders Association

2020 Parade of Homes™

Tentative Schedule

Dates are subject to change and builders will be notified of any new deadlines.

January 3rd, 2020 Builder Agreement Deadline

(There will be a $500.00 late penalty

after January 3, 2020)

March 9th, 2020 Any Entries after this date have no

guarantee to participate in any Parade advertising including the Parade Magazine, newspaper, etc.

March 8th, 2020 Builder Blacklines Due

March 22nd, 2020 Final Preparations on Parade

(Tentative Date) Tabloid

April 18th, 2020 Parade of Homes™ Preview Party

April 23rd, 24th, 25th ,26th Opening Days of Parade of Homes™

April 24th& May 1st “Twilight Tour” 8pm-10pm

(Select Homes)

April 30th- May 1st 2nd ,3rd Closing Days of Parade of Homes™

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