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11 <br />229031v2 <br />16. Issuance of Building and Occupancy Permits. <br />(01) Building Permits. <br />(A) After the recording of the Final Plat, the Planned Unit Development Agreement, and <br />this Agreement, the city may issue building permits for Lots 1 – 10, Block 6. Issuance of <br />building permits will require documentation that all utilities have been installed, inspected, and <br />approved in accordance with state and local standards. <br />(B) The City will not issue any building permit (a permit issued for construction of a <br />structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision <br />until all gas, electric, and large (public) utilities are installed and available for the individual <br />parcel, and streets are paved throughout the subdivision with the first lift of pavement to the <br />acceptance of the City Engineer. City will not issue a certificate of occupancy (said certificate <br />will allow the structure to be transferred to a new owner for the purpose of permanent <br />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 <br />accepted by the City. Temporary certificates of occupancy may be issued for sites with model <br />permits; however, such certificates will not allow the structure to be transferred to a new owner <br />for the purpose of occupancy. <br />(02) Notice to Homebuyers. 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 existence 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 />17. Model Homes. <br />(01) The City will issue building permits for the construction of up to twenty (20) 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 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 />18. Miscellaneous. <br />(01) Filing of Final Plat and Developer 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) Incorporation by 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 />Page 165 of 211