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16 <br />LA515\150\1011808.v2 <br />construction of the Model Home to proceed: <br />1. Adequate safe public access for emergency services and contractors, including <br />a paved bituminous road to the building pad for the Model Home that is sufficient <br />to allow construction to proceed; <br />2. A grading as-built plan approved by the City for the lot identified (the “Model <br />Home Lot”) to include the Model Home and all downstream drainage facilities; <br />3. All storm water drainage facilities that include and are downstream from the <br />Model Home Lot are in place, meet the approved project plans, and are verified <br />by the City; and <br />4. The Developer shall install adequate parking, and sanitary sewer and municipal <br />water to the Model Home Lot. <br />C. The City will not issue a certificate of occupancy for any Model Home until all <br />conditions and improvements identified in paragraph 27 (A) above, have been <br />completed and accepted by the City. <br />D. 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 />E. 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 />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, the Developer, the Developer’s