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<br /> 17 <br />LA515\112\937837.v1 <br />2. The Developer has installed all the curb and gutter and sidewalks in the <br />Phase of the Development in which the Model Home is located; <br />3. The Developer has installed all storm water facilities for and adjacent to the <br />Model Home and the storm water facilities down-stream from the Model <br />Home: <br />4. All other building and City Code requirements, including but not necessarily <br />limited to, connection to sanitary sewer and water and all conditions and <br />improvements identified in paragraph 27 (A) above have been completed, <br />inspected, verified by as-built surveys, and approved and accepted by the <br />City. <br />D. The Developer shall use the Model Home only for real estate sales purposes and no <br />other purpose. <br />E. Before the City issues any building permits, the Developer shall install 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 />F. 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, inspection or actions and the halting of <br />all work in the Subdivision. <br />G. 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, the Developer, the Developer’s <br />contractors, subcontractors, materialmen, employees, agents, or any third parties. <br />H. If the City issues building permits before the construction of sidewalks or trails that <br />are located in the front yards of lots within the Subdivision, the Developer assumes