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<br />Clearwater Creek Business Park <br />Development Agreement <br />September 26, 2016 <br /> page 9 <br /> <br />Subdivision until such time as such default has been corrected to the satisfaction <br />of the City. The Developer agrees to reimburse the City for all reasonable costs <br />incurred by the City in the enforcement of this agreement, or any portion <br />thereof, including court costs and reasonable engineering and attorneys' fees, if <br />the City prevails in any enforcement action. <br />18. Building Permits. If Developer’s building plans meet all code requirements, the City will <br />issue to Developer a building permit for Lot 1, Block 1, Clearwater Creek Business Park <br />subject to the following requirements: <br />a. Execution of this contract and submittal of all required security for the On-Site <br />Improvements; <br />b. Construction shall be limited to maintain a maximum distance of 150 feet from <br />the furthest exterior wall of any building under construction on the property to <br />an improved gravel street as per the State Fire Code. The Developer may <br />construct and maintain access in order to meet the requirements; <br /> <br />c. Site address shall be posted at intersection of temporary access and public road. <br /> <br />d. No Certificate of Occupancy for the building will be issued until all of the public <br />and private utilities have been installed to serve the building and accepted by <br />the City. <br />e. If building permits are issued prior to the completion and acceptance of public <br />improvements, the Developer assumes all liability and costs resulting in delays in <br />completion of public improvements and damage to public improvements caused <br />by the City, the Developer, its contractors, subcontractors, material men, <br />employees, agents or third parties. Any such costs shall be reimbursed from <br />Developer’s escrow. <br />19. Special Provisions <br />a. A Shared Access Easement Agreement across Lot 1, Block 1 and Outlot B, <br />Clearwater Creek Business Park, covering the proposed shared access shall be <br />recorded. <br />b. Developer shall cause a Street, Drainage and Utility Easement to be dedicated to <br />the public over the proposed 21st Avenue South within the City of Centerville. <br />c. Developer shall provide a Declaration for Maintenance of Stormwater Facilities <br />covering privately maintained facilities serving Lot 1, Block 1. <br />d. Developer shall grant to City a conservation easement over the area delineated <br />as “Proposed Conservation Easement”, prepared by Sunde Land Surveying, <br />dated ___________________.