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2 <br /> <br />4. All improvements required under the Development Agreement are not yet <br />completed, so building permits would normally not be issued for any of the <br />Subject Properties. However, Developer wishes to be able to apply for building <br />permits on the Subject Properties to allow it to continue to construct model homes <br />during the winter season. <br />5. Section 1001.145 (5)(c) of City Code provides an exception for model homes, <br />provided this Occupancy Agreement is entered into setting forth the requisite <br />restrictions on the use and occupancy of the model homes and the conveyance of <br />the Subject Properties. <br />Agreement <br /> In consideration for permission to construct a model home prior to completion of <br />all required improvements, the parties agree as follows: <br />1. Effective Date. The effective date of this Occupancy Agreement is <br />_____________, 2021. <br />2. Building Permit. The City’s issuance of a building permit for any of the Subject <br />Properties that would otherwise be deemed premature under the Development <br />Agreement or City Code is contingent upon Developer executing this Occupancy <br />Agreement and abiding by its terms. <br />3. Limited Occupancy and Use. Developer agrees that the model homes and any <br />other structures built on the Subject Properties with City approval shall not be <br />occupied for residential purposes, or for any other purposes, until all <br />improvements required under the Development Agreement are installed and the <br />appropriate certificate of occupancy is issued. <br />4. Restrictions on Conveyance. Developer shall not convey the home or Subject <br />Property to another person or entity while the Subject Property is subject to this <br />Occupancy Agreement, except as otherwise approved in writing by the City. <br />Regardless of City approval, this Occupancy Agreement shall be effective against <br />all successors and assigns of Developer and Builder. <br />5. Fire Code. This Occupancy Agreement only applies to structures with all exterior <br />walls within 150 feet of a street improved, at minimum, with gravel, in accordance <br />with the State Fire Code. Such minimum street access must be maintained by the <br />Developer at all times that a certificate of occupancy is in effect for the structure. <br />Structures that do not meet State Fire Code access requirements are not permitted <br />under this Occupancy Agreement.