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8.1 SR 08-15-2022
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8.1 SR 08-15-2022
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full established. City will not issue a certificate of occupancy (said certificate will allow the structure to <br />be transferred to a new owner for the purpose of permanent occupancy) for any building constructed <br />on any lot or parcel in the Subdivision until all Improvements (e�cept final lift of paving) are completed, <br />approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be <br />issued for sites with model permits; howe�=er, such certificates will not allow the structure to be <br />transferred to a new owner for the purpose of occupancy. <br />(02) Notice to Homebu��ers. 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 e�stence 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 and <br />all claims or actions arising from the right to withhold the issuance of such permits and certificates and <br />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, provided <br />that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate <br />of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose <br />of permanent occupancy) for any building constructed on any lot or parcel in the Subdi�=ision until all <br />Improvements (except final lift of paving) are completed, approved by the Cin- Engineer and accepted <br />by the City. Temporary certificates of occupancy may be issued for sites, however, such certificates <br />will not allow the structure to be transferred to a new owner for the purpose of occupancy. <br />19. Miscellaneous. <br />(01) Filing of Final Plat and Develo�er 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) Incor�oration bv Reference. The e�hibits 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 Re�lacement This Agreement is in addition to and is not in replacement of the terms and <br />conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right <br />to Object relating to the Subdivision executed by Developer. <br />(04) Re�ulator�r Com�liance. The Developer represents to the Cit�r that the Subdivision complies <br />with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: <br />subdivision ordinances, zoning ordinances, and environmental regulations. If the Cit�- determines that <br />the plat does not comply, the City may, at its option, refuse to allow construction or development work <br />in the Subdivision until the Developer does comply. Upon the City's demand, the Developer shall <br />cease work until there is compliance. <br />(05) Third Parties. Third parties shall have no recourse against the Cit�- 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 />11 <br />
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