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<br />12 <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 />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. 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. <br />(04) Regulatory Compliance. 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) Severability. 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 Improvements. If building permits are issued prior to the acceptance of <br />Improvements, the Developer assumes all liability and costs resulting in delays in completion of <br />public Improvements and damage to Improvements caused by the City, Developer, its contractors, <br />subcontractors, material men, employees, agents, or third parties. No sewer and water connections <br />or inspections may be conducted and no one may occupy a building for which a building permit is <br />issued on either a temporary or permanent basis until the streets needed for access have been paved