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Natures Refuge North <br />Development Agreement <br />September 8, 2025 <br /> page 11 <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 Developer shall install, operate, and maintain a water reuse system to <br />irrigate the platted areas. The Developer shall not use municipal potable water <br />for irrigation unless approved by the City. The Developer shall enter into a <br />Stormwater Re-use Agreement with the City. The City will provide trunk water <br />utility credit for the re-use system as outlined in Exhibit B. <br />b. The Developer is due an additional $318,102.00 in trunk sanitary sewer and <br />water credit for lift station and mainline pipe costs. The City will credit this <br />amount with Natures Refuge North 2nd Addition. <br />c. Homeowners’ Association Covenants and Restrictions <br />i. The Developer shall establish a Homeowners’ Association (the “HOA”) for <br />all phases of the Development and shall submit a Master Homeowners’ <br />Association Covenants and Restrictions to the City Attorney for review. <br />The Master Homeowners’ Association Covenants and Restrictions shall, <br />among other matters, provide for the collection of annual dues for the <br />HOA’s maintenance obligation for the [open space and wetland buffers, <br />Lake 300 and low area per Stormwater Declaration and stormwater re- <br />Page 92 of 168