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<br />Developer Agreement <br />Trott Brook Farms 12th <br />Page 10 <br /> <br />10.) Issuance of Building and Occupancy Permits <br /> <br />(01) Building Permits - The City will not issue any building permit (a permit issued for <br />construction of a structure to be sold and occupied by a new owner) for any lot or parcel in <br />the Subdivision until all small and large utilities are installed and streets are paved with the <br />first lift of pavement. In the event that paving has not been completed, model permits (a <br />permit issued for construction of a structure to be shown for the purposes of making a sale) <br />may be issued at the City's discretion for lots adjacent to streets that have been graveled <br />provided that the Developer maintains access suitable for emergency vehicle access to the <br />lots at all times. The City, in its sole discretion, may require any or all of the gravel to be <br />removed and replaced prior to paving. <br /> <br />(02) Occupancy Permits - City will not issue a certificate of occupancy for any building <br />constructed on any lot or parcel in the Subdivision until all Improvements (except final lift <br />of paving) are accepted by the City. <br /> <br />(03) Notice to Homebuyers - If the Developer fails to comply with any of provisions of <br />this Agreement, the City may refuse to issue a building permit or certificate of occupancy for <br />any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or <br />parcel within the Subdivision of the existence of this contract and the obligations and <br />restrictions created herein prior to the completion of the sale. Further, Developer agrees to <br />save and hold City harmless from any and all claims or actions arising from the right to <br />withhold the issuance of such permits and certificates and from other provisions hereof. <br /> <br />11.) General Provisions <br /> <br />(01) Binding Effect - The terms and provisions hereof shall be binding upon, and inure <br />to the benefit of the heirs, representatives, successors and assigns of the parties hereto and <br />shall be binding upon all future owners of all or part of the Subdivision and shall be deemed <br />covenants running with the land. References herein to Developer, if there be more than <br />one, shall mean each and all of them. This Agreement shall be placed of record so as to give <br />notice hereof to subsequent purchasers and encumbrances of all or any part of the <br />Subdivision, and all recording fees, if any, shall be paid by the Developer. <br /> <br />(02) Severable - In the event that any portion of this Agreement shall be held invalid for <br />any reason, the same shall not affect in any respect whatsoever the validity of the remainder <br />of this Agreement. <br /> <br />(03) Waiver - Any waiver, whether express or implied, by any party of a breach of any <br />provision of this Agreement will not operate as or be construed to be a waiver of any <br />subsequent breach of this Agreement. <br /> <br />S:\PLANNING\Case Rles\2006\Plat\P 06-11 Trott Brook Farms 12th\Trott Brook 12 Development Agreement.DOC <br />