#06 - Easton Village 6th and 7th DA Amendment

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2 LA515\89\959440.v3 freeze/thaw cycle. The City may issue a building permit and a certificate of occupancy for Lot 1, Block 1, Easton Village 6th Addition prior to the completion of all public Subdivision Improvements. B. The City Planning Director may authorize the issuance of a single building permit for a “model home” before the completion of the Subdivision Improvements described in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 27 (A) above have been completed. The Developer or Home Builder shall use the model home only for real estate sales purposes and no other purpose. C. Before the City issues building permits for lots within Easton Village 7th Addition, the Developer shall place wetland buffer monuments in accordance with the City’s zoning ordinance. The monument design shall be approved by the City Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspections, or actions and the halting of all work in the Subdivision. E. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. F. If the City issues building permits before the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. 2. Section 30 of the Development Agreement shall be amended to read as follows: 30. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. The Developer must notify all home builders about the City’s outdoor watering restrictions and that all home builders must notify all home buyers that the City has imposed limits on outdoor water use including a limit of two days per week of watering, unless the Developer is notified by the City that this notice is no longer required. Said decision about whether this notice is no longer required shall be made at the sole discretion of the City. The Developer shall have the City approve the notification message before the release of the final plats by the City for recording.