4.6 SR 08-21-2023 - Laserfiche WebLink

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17. Model Homes. (01) The City will issue building permits for the construction of up to one (1) model home 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 Subdivision until all Improvements (except final lift of paving) are completed, appro�red by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; however, 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 Subdi�=ision and this Developer Agreement must be filed and recorded and all necessary easements shall have been conveyed to the Cit�-, unless the City authorizes in writing the commencement of limited construction activities. (02) Incor�oration b�r 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. (03) No Replacement. This Agreement is in addition to and is not in replacement of the terms and conditions of the Petition for Public Improvements and `�Uaiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. (04) Regulator�� Compliance. The Developer represents to the Cinr that the Subdi�Tision 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 City determines that the plat does not comply, the Cit�r may, at its option, refuse to allow construction or development work in the Subdivision until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. (05) Third Parties. Third parties shall have no recourse against the City 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) Severabilin-. 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 validit�- 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 liability and costs resulting in delays in completion of public Improvements and damage to Impro�=ements caused by the Cit��, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, the utilities are completed, and the vegetation is established and accepted by the City Engineer. (09) Amendments. The action or inaction of the Cin� shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed 11