Housing And Civil Enforcement Cases Documents

MODIFICATION AGREEMENT

1. This Modification Agreement ("Modification Agreement"), made this 5th day of September, 2001, supplements and amends the Settlement Agreement between the United States of America ("United States") and Pulte Home Corporation dated July 21, 1998 ("Settlement Agreement").
2. This Modification Agreement is intended to resolve fully and finally all claims that have or could have been asserted by the United States as of the date hereof with respect to Pulte's design and/or construction of the Sunset Mesa Condominiums (474 Blush Creek Place, Las Vegas, Nevada) ("Sunset Mesa"), Stone Ridge Condominiums (2106 Hualapai Way, Las Vegas, Nevada) ("Stone Ridge"), and South Park Condominiums (3450 Eastern Avenue, Las Vegas, Nevada) ("South Park") (collectively, "Developments").
3. The undertakings herein shall apply only to the units in the Developments specified in Appendix A to this Modification Agreement ("Covered Units").
4. Pulte shall comply with the notification and retrofit procedures set forth in Sections (V)(B)-(V)(C) of the Settlement Agreement with respect to the Covered Units. For such purposes: (i) Pulte shall mail the notice attached as Appendix B to this Modification Agreement no later than thirty (30) days after the date of this Modification Agreement; (ii) the requirement to retrofit shall expire three (3) years after the date of this Modification Agreement; and (iii) the conditions subject to retrofit are set forth in Appendix C to this Modification Agreement.
5. Pulte shall comply with the notification provisions set forth in Sections XIV(A)(2), XIV(B)(1), XIV(C), and XIV(D) of the Settlement Agreement with respect to the Covered Units. For such purposes: (i) Pulte shall file the initial report provided for in Section XIV(A), as modified herein, no later than ninety (90) days from the date of this Modification Agreement; (ii) Pulte shall file the subsequent notices provided for in Section XIV(B), as modified herein, within thirty (30) days of mailing the annual notices required under Section V(A)-(V)(C), as modified herein; (iii) the notices required by Section XIV(B)(1), as modified herein, shall also include the names and addresses of any persons who have elected to have modifications to their units, as well as a list of the modifications performed to their units; and (iv) the requirements of Section XIV(A) and (B), as modified herein, shall apply for a period of forty (40) months from the date of this Modification Agreement.
6. No other requirements of the Settlement Agreement, including Sections VIII, X, and XIII, shall apply with respect to the Developments except to the extent specifically set forth herein.

FOR THE UNITED STATES OF AMERICA

JOAN A. MAGAGNA
Chief
TIMOTHY J. MORAN
Deputy Chief
SUNNY E. PIETRAFESA
Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
P.O. Box 65998
Washington, D.C. 20004
202-616-2217

FOR PULTE HOME CORPORATION:

THOMAS J. NOTO
Attorney
Kirkpatrick & Lockhart LLP
1800 Massachusetts Avenue, N.W.
Washington, DC 20036
202-778-9114

Re: Unit #

Dear Sir or Madam:

On September 5, 2001, Pulte Home Corporation entered into an agreement with the U.S. Department of Justice to resolve allegations that certain dwelling units in the [name of development] community did not incorporate features of accessible design required by the federal Fair Housing Act and the Fair Housing Act Handicapped Accessibility Guidelines prepared by the U.S. Department of Housing and Urban Development. As part of the Agreement, Pulte agreed to make certain modifications to the unit listed above if requested by the owner(s).

The modifications are detailed on the attachment to this letter and are intended to make the unit more accessible to persons with disabilities, especially those using wheelchairs. The modifications do not impact the habitability or structural integrity of the unit or Pulte's obligations under its warranty. Pulte will make these modifications at no cost to the owner.

This offer is open until September 5, 2004. If you wish to take advantage of this offer, please execute the enclosed Request Form and mail it to us at [address]. Please also include your telephone number. We will contact you to schedule an appointment to explain the modifications in detail.

You may select any or all of the modifications. Because these modifications are being made pursuant to the Agreement, Pulte cannot offer any substitutions. No modification will be undertaken until Pulte has received the attached release fully executed by all legal owners of the units whose signature must be notarized. The modifications will be made within 120 days after you provide Pulte with the fully executed release.

1. Sunset Mesa - Covered Nottingham Units
   1. Replace front threshold to bring into compliance with ANSI A117.1.
   2. Modify doorways or hinges, where required, to provide for 32" clear opening.
   3. Relocate master bath toilet to increase distance from side wall to bring into compliance with ANSI A117.1.
   4. Relocate range and refrigerator to provide clear floor space to bring into compliance with ANSI A117.1.
2. Sunset Mesa - Covered Sheffield Units
   1. Replace front and garage door thresholds to bring into compliance with ANSI A117.1.
   2. Remove stop on slider and replace threshold to bring into compliance with ANSI A117.1.
   3. Modify doorways or hinges, where required, to provide for 32" clear opening.
   4. Relocate master bath toilet to increase distance from side wall to bring into compliance with ANSI A117.1.
3. South Park - Covered Yellowstone Units
   1. Replace front threshold to bring into compliance with ANSI A117.1.
4. South Park - Covered Zion Units
   1. Replace front threshold to bring into compliance with ANSI A117.1.
5. Stone Ridge - Covered Yellowstone Units
   1. Replace front threshold to bring into compliance with ANSI A117.1.
6. Stone Ridge - Covered Zion Units
   1. Replace front threshold to bring into compliance with ANSI A117.1.

Document Signed: September 5, 2001. > >