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Jansen Additon <br />Development Agreement <br />April 22, 2024 <br />page 10 <br />Developer to collect the entire unpaid balance of the special assessments then <br />estimated or levied pursuant hereto, with interest, including reasonable <br />attorney's fees, and Developer shall be liable for such special assessments and, if <br />more than one, such liability shall be joint and several. In addition to any other <br />rights and remedies upon Developer’s default, the City may refuse to issue <br />building permits and/or Certificates of Occupancy for any property within the <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 costs incurred by <br />the City in the enforcement of this agreement, or any portion thereof, including <br />court costs and reasonable engineering and attorneys' fees, if the City prevails in <br />any enforcement action. <br />18.Building Permits. No building permits shall be issued until: <br />a.Site grading, certified compaction testing, City sewer, water, storm sewer, and <br />bituminous base construction of the streets, temporary street signs, gas, electric, <br />telecommunication, cable and internet are installed and approved by the City, <br />except as provided below <br />i.Model Homes: Structures may be installed as model homes consistent <br />with City ordinance upon approval of the final plat. A record drawing of <br />the site grading for the model home lots shall be submitted prior to <br />issuance of building permits for the model homes. <br />ii.If any building permits for model homes are issued prior to the <br />completion and acceptance of public improvements, the Developer <br />assumes all liability and costs resulting in delays in completion of public <br />improvements and damage to public improvements caused by the City, <br />the Developer, its contractors, subcontractors, material men, employees, <br />agents or third parties. Any such costs shall be reimbursed from <br />Developer’s escrow. <br />19.Special Provisions. <br />a.The existing house on proposed Lot 2, Block 1, Jansen Addition shall connect to <br />municipal watermain and municipal sanitary sewer. <br />b.The private septic system located on proposed Lot 2, Block1, Jansen Addition <br />shall be removed. <br />c.The private well located on proposed Lot 2, Block1, Jansen Addition shall be <br />capped if it cannot be used for private irrigation. <br />d.The new houses on proposed Lots 1 and 3, Block 1, Jansen Addition shall <br />connect to municipal watermain and municipal sanitary sewer main. <br />e.The existing shed shall be removed. <br />f.The existing fence shall be relocated onto proposed Lot 2, Block 1, Jansen <br />171