Laserfiche WebLink
(02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns,violates <br /> any of the covenants and agreements herein contained, or fails to pay any amount due to the city,the <br /> City, at its option in addition to its other rights and remedies, by written notice of default given to <br /> the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , <br /> due and payable in full, with interest, immediately, or on such date as the City shall specify in its <br /> notice of default to Developer. If Developer fails to make payment in the amount and at the time <br /> specified in the City's notice of default to Developer, City may, at its option, draw on the security <br /> provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action <br /> against Developer to collect the entire amount owed by Developer, including reasonable attorneys' <br /> fees. Developer shall be personally liable for such amounts due and,if more than one, such liability <br /> shall be joint and several. <br /> 16. Issuance of Building and Occupancy Permits. <br /> (01) Building Permits. The City will not issue any building permit (a permit issued for <br /> construction of a structure to be sold and occupied by a new owner) for any lot or parcel in the <br /> Subdivision until all gas, electric, and large utilities are installed, streets are paved with the first lift of <br /> pavement and vegetation is full established. City will not issue a certificate of occupancy (said <br /> certificate will allow the structure to be transferred to a new owner for the purpose of permanent <br /> occupancy) for any building constructed on any lot or parcel in the Subdivision until all <br /> Improvements (except final lift of paving) are completed, approved by the City Engineer and <br /> accepted by the City. Temporary certificates of occupancy may be issued for sites with model <br /> permits; however, such certificates will not allow the structure to be transferred to a new owner for <br /> the purpose of occupancy. <br /> (02) Notice to Homebuyers. If the Developer fails to comply with any of provisions of this <br /> Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or <br /> parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the <br /> Subdivision of the existence of this contract and the obligations and restrictions created herein prior <br /> to the completion of the sale. Further, Developer agrees to save and hold City harmless from any <br /> and all claims or actions arising from the right to withhold the issuance of such permits and <br /> certificates and from other provisions hereof. <br /> 17. Model Homes. <br /> (01) The City will 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. Model home <br /> building permits shall follow the standards as outlined in Section 16 (02). 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 /> 18. 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 /> 11 <br />