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<br />229446v1 <br />sidewalks. Applications for building permits on these lots must include a letter, <br />printed on the developer’s letterhead and signed by an authorized representative of <br />the company, which acknowledges that a certificate of occupancy will not be issued <br />until small utilities (gas and electric) have been installed and the homes are <br />connected. The developer also commits to installing sidewalks as soon as possible <br />after the small utilities have been installed. <br />B. Model Homes. The City will issue building permits for the construction of up to six (6) model <br />home on lots approved by the Building Official prior to completion of the public and private <br />infrastructure, provided that access to the site for emergency vehicles is maintained at all <br />times. City will not issue a certificate of occupancy (said certificate will allow the structure <br />to be transferred to a new owner for the purpose of permanent occupancy) for any building <br />constructed on any lot or parcel in the Subdivision until all Improvements (except final lift <br />of paving) are completed, approved by the City Engineer and accepted by the City. <br />Temporary certificates of occupancy may be issued for sites; however, such certificates will <br />not allow the structure to be transferred to a new owner for the purpose of occupancy. <br />C. 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 <br />lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel <br />within the Subdivision of the existence of this contract and the obligations and restrictions <br />created herein prior to the completion of the sale. Further, Developer agrees to save and <br />hold City harmless from any and all claims or actions arising from the right to withhold the <br />issuance of such permits and certificates and from other provisions hereof. <br />Page 86 of 379