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a) Expiration. The final plat documents for the Plat, which is the first <br />phase of the Clearwater Cove preliminary plat, have been submitted to the City Council within one <br />hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the <br />Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) <br />days of the City Council motion giving final plat approval, unless such deadline is extended by the <br />City Council in its sole discretion, or else said approval shall be null and void. All fees relating to <br />this subdivision shall be paid by the Developer, including the cost of recording documents with <br />Washington County. <br />b) Recording. The developer shall record this Agreement with <br />Washington County simultaneous with the recording of the Plat, and shall forward confirmation of <br />recording of the Plat and this Agreement to the City prior to the issuance of building permits. All <br />applicable conditions of Plat approval must be met before any deeds are stamped for recording and <br />prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall <br />be contingent upon compliance with the approved plans for the Improvements and upon <br />compliance with this Agreement. <br />c) Model Homes. In the event that site grading is approved by the City <br />prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat, <br />the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut <br />existing streets or roadways, subject to final approval by the City. No model homes may be <br />constructed or utilized until at least one (1) lift of bituminous has been installed from said model <br />home lot providing access to a public street or roadway outside of the Plat. No certificate of <br />occupancy shall be issued for any model or other home until all necessary public improvements and <br />utilities have been installed and the utilities have been successfully tested. Prior to this, and at the <br />time that a model home passes final inspection, a model home may only be used by Developer's <br />staff or realtors for purposes of showing the models to potential buyers. No model home may be <br />used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been <br />installed except that, if the certificate of occupancy is issued between the dates of October 1 and <br />May 1, then the landscaping required herein shall be complete, established and growing no later <br />than July 1. <br />d) Sales Trailers. The developer may be entitled to a maximum of one <br />(1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a <br />period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer <br />may be approved by the City Community Development Director prior to the first model home being <br />available for showing. The trailer is subject to the issuance of a building permit, shall meet all <br />applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain <br />sufficient parking for the size of the office, and shall have safe and suitable access to a paved, <br />public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days <br />following the date that a model home passes final inspection. <br />Oneka Place - Development Agreement <br />.01 <br />