02-27-2017 Council Packet - Laserfiche WebLink

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St. Clair Estates Development Agreement February 27, 2017 page 9 estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions a. All construction vehicles and traffic related to the installation of the Developer’s Improvements (e.g. grading, street, private and public utilities) must ingress and egress via the temporary construction access located on CSAH 34/Birch Street. b. The Enid Island Homeowner Association shall be responsible for the ownership, maintenance and landscaping of Outlot C. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m.