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NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br />SECTION F <br />IMPROVEMENTS <br />Access to Lots. Access to the lots shall be from the existing Baugh Street N.W. public <br />right -of -way. There shall be no access to the lots from CSAH 83. <br />Drainage and Utility Easements. The standard 10 -foot drainage and utility easements <br />shall be dedicated along the perimeter of both lots. <br />Existing Bituminous Driveway. _ There is a contiguous area of bituminous surface <br />serving both parcels that encroaches on the standard driveway setback. It is herein agreed <br />that the DEVELOPER shall either provide a signed and recorded cross access agreement <br />for use of this area by both parcels or, if either parcel is sold to another party, the <br />DEVELOPER shall remove those portions of the bituminous surface that infringe on the <br />standard driveway setback at that time <br />Existing Fencing. There is a fence that crosses the property line between Lots 1 & 2, <br />which is now considered to be a lawful non - conforming structure. In the event that either <br />parcel is sold to another party, it is herein agreed that the DEVELOPER shall be <br />responsible for reconfiguring the fence so that it complies with the zoning regulations in <br />effect at that time <br />SECTION II <br />PERMITS AND OCCUPANCY <br />5. Requirements for Building and Occupancy Permits. No building permit for any lot in <br />the Plat shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet <br />of the structure; (b) a Certificate of Survey, including that survey information required by <br />the CITY, has been supplied to the City Building Official upon his/her request; and (c) <br />all the financial guarantees required by the CITY have been satisfied. No occupancy <br />permit for Lot 2 shall be issued until: (a) all utilities are in place, operational and <br />accepted by the CITY; and (b) all buildings are compliant with all applicable State and <br />Local Codes. <br />SECTION III <br />PARKS, TRAILS, STORMWATER, LANDSCAPING <br />Park Dedication. The Plat is in the Ermine Park District. Lot 1 is an existing homestead <br />and is exempt from park dedication obligations. The DEVELOPER shall satisfy the <br />park dedication requirement for Lot 2 of the Plat with a cash payment of Two Thousand <br />Development Agreement: Kings Ranch Estates <br />Page2of6 <br />—185— <br />