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Planned Unit Development #1179 Agreement Page 6 20. Building permit will be issued for Units 1-4 upon approval of the PUD to allow the construction of display models, provided all building activity occurs within existing lot lines. These parcels are currently platted as Lots 14 and 15, Block 1, Zeece Addition, and are being replatted as part of this PUD development. A certificate of survey for these parcels will be required prior to building permits being issued. 21. Lots will direct access on County Road B shall include turnaround space in accordance with City policy. 22. A subdivision agreement for public improvements shall be required wherein the Developer agrees to construct all public improvements in accordance with City standards and subject to approval and inspection by the City's Public Works Director. 8. Developer's Default In the event of a default by the DEVELOPER, as to any of the work to be performed by it hereunder, the CITY may withhold certificates of occupancy from the DEVELOPER or, at its option, perform such work, and the DEVELOPER shall promptly reimburse the CITY for any expense which it incurs. If the CITY is not reimbursed within 15 days from the date of the billing for the cost of performing such work, the CITY shall be reimbursed from the letter of credit. The CITY agrees to give the DEVELOPER written notice of its default not less than thirty (30) days prior to the commencement of the CITY's work. The CITY and the DEVELOPER recognize the weather conditions may affect the ability of the DEVELOPER to perform the work required to be performed hereunder and agree that such thirty (30) days shall not include those days on which weather conditions preclude performance by the DEVELOPER. Notice to the DEVELOPER shall constitute, without further action, notice to any contractor or subcontractor. This Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required by the CITY to control erosion problems. 9. Miscellaneous 1. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be.