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Model Home Agreement for Kliever Lake Fields 4" Addition <br /> This Model Home Agreement ("Agreement") is entered into this day of <br /> November,2013, by and between the City of Elk River ("City") and <br /> ("Developer"). <br /> Developer has obtained approval from the City for development of Kliever Lake Fields 4a' <br /> Addition ("Project"). Approval of the Project is subject to certain conditions,including a <br /> requirement that certain utility connections be made and completed as required by City staff. <br /> Although the required connections have not been completed as required, the City has determined to <br /> permit the construction of up to four (4) model homes for the Project prior to completion of the <br /> connections, subject to the following conditions: <br /> 1. That the Developer maintain suitable emergency vehicle access to the model home <br /> lots at all times. The City,in its sole discretion,may require any or all gravel to be <br /> removed and replaced prior to paving. <br /> 2. City will not issue a certificate of occupancy (said certificate will allow the structure <br /> to be transferred to a new owner for the purpose of permanent occupancy) for any <br /> building constructed on any lot or parcel in the Project until all Improvements (first <br /> lift of paving only) including the required utility connections are completed, <br /> approved by the City Engineer and accepted by the City. Temporary certificates of <br /> occupancy will be issued for sites with model home permits. However, such <br /> certificates will not allow the structure to be transferred to a new owner for the <br /> purpose of occupancy. <br /> 3. If the Developer fails to comply with any of the provisions of this Agreement,the <br /> City may refuse to issue a building permit or certificate of occupancy for any lot or <br /> parcel in the Project. Developer agrees to advise purchasers of any lot or parcel <br /> within the Project of the existence of this Agreement and the obligations and <br /> restrictions created herein prior to the completion of the sale. Further,Developer <br /> agrees to save and hold City harmless from any and all claims or actions arising from <br /> the right to withhold the issuance of such permits and certificates and from other <br /> provisions hereof. <br /> IN WITNESS WHEREOF,the City and the Developer have caused this Agreement to be <br /> duly executed on the day and year first above written. <br />