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• <br />• <br />• <br />63 <br />(b)zNo private construction shall be conducted on any lots in the plat or filing of applications for <br />nor shall any building permits be issued for the- construction on the lots; until all improvements required <br />under the city regulations for the proposed subdivision have been made or arranged in a manner provided <br />for in this section. The following paragraph (c) provides an exception to this prohibition. <br />(c) A building permit for one dwelling unit for every ten gross acres that is within the subdivision <br />may be issued to be used as a model home after approval of the final plat. The right to obtain such building <br />penuits shall be contingent upon the following: <br />1. Execution of a development contract with financial securities addressing the structure. <br />2. Construction shall be limited to maintain a maximum distance of 150' from the furthest <br />exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and <br />maintain such access in order to meet said requirements. <br />3. Prior to release of the building permits, the builder shall enter into a separate agreement <br />with the City which would not allow the building to be occupied after issuance of certificate of occupancy <br />by anyone other than the builder for exhibiting the home for model purposes nor would they convey the <br />property to any other third parties by any means until all of the public and private utilities have been <br />installed to serve the building and accepted by the City. <br />(b6) The development agreement shall include provisions for construction work inspection by the city <br />and assurance that the developer will conform with current testing requirements and quality control <br />procedures of the city. The developer shall provide documentation from a qualified testing laboratory <br />and/or registered professional engineer that all improvements have been constructed in accordance with the <br />requirements of the approved plans and specifications. <br />(e7) The development agreement shall require the developer to provide a certification from a registered <br />land surveyor or engineer that the land included in the plat has been graded in conformance with the <br />approved grading plan prior to the issuance of building permits. <br />(48) The development agreement shall require the developer to provide -a financial securities security to <br />ensure payment of fees related to the subdivision and completion of all improvements. The agreement shall <br />also require that the financial securities shall be submitted to the city prior to the commencement of the <br />work covered by the agreement. <br />(e9) A time schedule for completion of the work shall be determined by the city upon recommendation <br />of the city engineer after consultation with the developer and shall be reasonable in relation to the work to <br />be done, the seasons of the year, and proper coordination with construction activity in the subdivision. <br />(fl 0) The development agreement shall include action remedies in the event of default, including: <br />4-(a) The city may complete the improvements by contract or force and obtain reimbursement <br />of its costs from the posted security deposit; <br />DRAFT JANUARY 26, 2009 <br />