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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 three (3) 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. <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) Severabilit<r. 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 /> 11 <br />