4.7 SR 08-15-2022 - Laserfiche WebLink

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(02) Notice to Homebu�ers. 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 Subdi�=ision of the e�stence 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. Model Homes. (01) The City will issue builcling permits for the construction of up to four (4) model homes on lots approved by the Building Official prior to completion of the public and private infrastructure, provided that access to the site for emergency vehicles is maintained at all times. 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 Subdi�=ision until all Improvements (except final lift of paving) are completed, approved by the Cit�r Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; howe�=er, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. 18. Miscellaneous. (01) Filing of Final Plat and Develo�er 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) Incor�oration bv Reference. The e�hibits 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. (03) No Re�lacement This Agreement is in addition to and is not in replacement of the terms and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. (04) Re�ulator�r Com�liance. The Developer represents to the Cit�r that the Subdivision complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the Cit�- determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the Subdivision until the Developer does comply. Upon the Cit�-'s demand, the Developer shall cease work until there is compliance. (05) Third Parties. Third parties shall have no recourse against the Cit�- under this Agreement. (06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. (07) Se�=erabilin�. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. (08) Damage to Im�rovements. If building permits are issued prior to the acceptance of Improvements, the Developer assumes all liabilin- and costs resulting in delays in completion of public Improvements and damage to Improvements caused by the City, Developer, its contractors, 11