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the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be <br />personally liable for such amounts due and, if more than one, such liability shall be joint and several. <br />16. Issuance of Building and Occu�ancv Permits. <br />(01) Building Permits. The City will not issue any building permit (a permit issued for construction <br />of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all <br />gas, electric, and large (public) utilities are installed and available for the individual parcel, and streets <br />are paved throughout the subdivision with the first lift of pavement to the acceptance of the City <br />Engineer. City will not issue a certificate of occupancy (said certificate will allow the structure to be <br />transferred to a new owner for the purpose of permanent occupancy) for any building constructed on <br />any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, <br />approved by the Cit�- Engineer and accepted by the Cit��. Temporary certificates of occupancy may be <br />issued for sites with model permits; however, 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�istence 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 Cin- harmless from any and <br />all claims or actions arising fsom the right to withhold the issuance of such permits and certificates and <br />from other provisions hereof. <br />17. Model Homes. <br />(01) The City will issue building permits for the construction of up to four (4) 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 Subdivision until all <br />Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted <br />by the Cit�-. 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 occupanc�r. <br />18. Miscellaneous. <br />(01) Filing of Final Plat and Develo�er AgYeement. 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 b`- 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 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) Regulator,���liance. The Developer represents to the City that the Subdivision complies <br />with all city, count�r, metropolitan, state, and federal laws and regulations, including but not limited to: <br />subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that <br />11 <br />