4.4 SR 03-07-2022 - Laserfiche WebLink

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(07) Municipal Separate Storm Sewer System Requirements. All stormwater management activities shall comply with the City MS4 permit. 15. Default. (01) Remedies. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. (02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the City, at its option, in addition to its other rights and remedies, by written notice of default given to the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , due and payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default to Developer. If Developer fails to make payment in the amount and at the time specified in the City’s notice of default to Developer, City may, at its option, draw on the security provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action against Developer to collect the entire amount owed by Developer, including reasonable attorneys’ fees. Developer shall be personally liable for such amounts due and, if more than one, such liability shall be joint and several. 16. Issuance of Building and Occupancy Permits. (01) City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites with model permits; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. (02) Notice to Homebuyers. If the Developer fails to comply with any of provisions of this Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this contract and the obligations and restrictions created herein prior to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. 17. Miscellaneous. (01) Filing of Final Plat and Developer Agreement. Before construction commences on the Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes in writing the commencement of limited construction activities. (02) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. 10