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<br />15 <br />LA515\89\721081.v13 <br />will not issue a certificate of occupancy for any “model home” until all conditions <br />identified in paragraph 27 (A) above have been completed. The Developer or Home <br />Builder shall use the model home only for real estate sales purposes and no other <br />purpose. <br />C. Before the City issues building permits, the developer shall place wetland buffer <br />monuments in accordance with the City’s zoning ordinance. The monument design <br />shall be approved by the City Planning Department. <br />D. Breach of the terms of this Agreement by the Developer, including nonpayment of <br />billings from the City, shall be grounds for denial of building permits, certificates of <br />occupancy, and withholding of other permits, inspections, or actions and the halting <br />of all work in the Subdivision. <br />E. No sewer and water connection permits may be issued until the streets needed for <br />access have been paved with a bituminous surface and the utilities are tested and <br />approved by the City Engineer. <br />F. If the City issues building permits before the acceptance of the public Subdivision <br />Improvements by the City, the Developer assumes all liability and costs resulting in <br />delays in completion of public Subdivision Improvements and damage to public <br />Subdivision Improvements caused by the City, Developer, the Developer’s <br />contractors, subcontractors, materialmen, employees, agents, or any third parties. <br />28. RESPONSIBILITY FOR COSTS. <br />A. In the event that the City receives claims from labor, materialmen, or others that work <br />required by this Agreement has been performed and the amounts due to them have <br />not been paid, and the laborers, materialmen, or others are seeking payment from <br />the City, the Developer hereby authorizes the City to commence an Interpleader <br />action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District