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<br />11 <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 (public) utilities are installed and available for the <br />individual parcel, and streets are paved throughout the subdivision with the first lift of pavement to <br />the acceptance of the City Engineer. City will not issue a certificate of occupancy (said certificate will <br />allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for <br />any building constructed on any lot or parcel in the Subdivision until all Improvements (except final <br />lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary <br />certificates of occupancy may be issued for sites with model permits; however, such certificates will <br />not allow the structure to be transferred to a new owner for 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 ten (10) 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 />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 />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. The exhibits to this Agreement shall be and hereby are made a <br />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.