Agenda - Council - 07/24/2012 - Laserfiche WebLink

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n. Proof of Authority. The CITY requires PERMITTEE to provide proof of authority by its governing board to execute this Contract. This proof of authority may be satisfied by providing the CITY with a certified copy of the minutes of the governing board of PERMITTEE. o. Recording of This Contract. See Section 17(d) above. P- q- Violation of This Contract. If PERMITTEE fail to perform any of the terms of this Contract, the CITY shall be entitled to recover, from PERMITTEE or the issuer of its fmancial guarantee, the full amount of any and all fmancial guarantees or withhold the Certificate of Occupancy as defined in Section 16(m) above. Breach of any of the terms of this Contract by PERMITTEE shall be grounds for denial of a building permit for any portion of the Property still owned by PERMITTEE. Contract Binding On Successors and Assigns. This Contract shall be binding upon the parties, and their respective successors and assigns. r. Letters of Credit. All letters of credit presented as a fmancial guarantee, if required prior to issuance of a Certificate of Occupancy, shall be first approved as to form and content prior to acceptance by the CITY. 18. Reauirements for Building Permit and Certificate of Occupancy. a. No building permit for any lot in the Plat shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet of the proposed structure; (b) a Certificate of Survey, including the survey information required by the CITY, has been supplied to the CITY Building Official; (c) all the fmancial guarantees required by the CITY have been satisfied; (d) a permit from the Lower Rum River Watershed Management Organization has been obtained; (e) a permit from Anoka County Soil Conservation District has been obtained (if necessary); and (f) this Contract has been signed and received by the CITY. b. No Certificate of Occupancy for any lot in the Plat shall be issued until: (a) vehicular access to the lot is provided, including installation of at least one layer of bituminous surfacing; (b) all utilities are in place, operational and accepted by the CITY in accordance with this Agreement; (c) for lots that have a slope of less than 2%, a certificate of grading, prepared by a licensed (State of Minnesota) professional land surveyor, is provided to the CITY documenting that the flattest grade on the lot is 1% or greater; and (d) boulevard sod and landscape tree, or escrow for same, have been provided. c. All improvements included in the Permittee Plans, including amendment required of the City Staff Review Letter dated June 29, 2011, revised August 3, 2011 are completed, or financial guarantee in the amount of 125% the City Engineer' s estimate of the cost of said improvements is secured in the form of cash escrow or letter of credit for the parking lot and related items. STONEY RIVER Development Contract Page 7 of 13