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18. Model Homes. <br /> (01) The City may issue building permits for the construction of up to three model homes on lots <br /> approved by the Building Official prior to completion of the public and private infrastructure, <br /> provided that access to the site for emergency vehicles is maintained at all times. City will not issue a <br /> certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for <br /> the purpose of permanent occupancy) for any building constructed on any lot or parcel in the <br /> Subdivision until all Improvements (except final lift of paving) are completed, approved by the City <br /> Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; <br /> however, such certificates will not allow the structure to be transferred to a new owner for the <br /> purpose of occupancy. <br /> 19. Miscellaneous. <br /> (01) Filing of Final Plat and Developer Agreement. Before construction commences on the <br /> Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and <br /> recorded and all necessary easements shall have been conveyed to the City,unless the City authorizes <br /> in writing the commencement of limited construction activities. <br /> (02) Incorporation by Reference. All plans, special provisions, proposals, specifications and <br /> contracts for the Improvements to be made pursuant to this Agreement shall be and hereby are <br /> made a part of this Agreement by reference as fully as if set forth herein in full. <br /> (03) No Replacement. This Agreement is in addition to and is not in replacement of the terms <br /> and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and <br /> Right to Object relating to the Subdivision executed by Developer. <br /> (04) Regulator,rpliance. The Developer represents to the City that the Subdivision complies <br /> with all city, county, metropolitan, state, and federal laws and regulations, including but not limited <br /> to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines <br /> that the plat does not comply, the City may, at its option, refuse to allow construction or <br /> development work in the Subdivision until the Developer does comply. Upon the City's demand,the <br /> Developer shall cease work until there is compliance. <br /> (05) Third Parties. Third parties shall have no recourse against the City under this Agreement. <br /> (06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial <br /> of building permits,including lots sold to third parties. <br /> (07) Severabili . If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br /> this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br /> remaining portion of this Agreement. <br /> (08) Damage to Public Improvements. If building permits are issued prior to the acceptance of <br /> public improvements, the Developer assumes all liability and costs resulting in delays in completion <br /> of public improvements and damage to public improvements caused by the City, Developer, its <br /> contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water <br /> connections or inspections may be conducted and no one may occupy a building for which a <br /> building permit is issued on either a temporary or permanent basis until the streets needed for access <br /> have been paved with a bituminous surface, the utilities are completed, and the vegetation is <br /> established and accepted by the City Engineer. <br /> 12 <br />