Agenda - Council - 10/16/2012 - Special

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draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the Required Improvements and withdraw from the escrow account. The PERMITTEE hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Subject Property for the purpose of completing the construction and installation of the Required Improvements in the event of the PERMITTEE's default. 10. Inspection Fees. The PERMITTEE shall be responsible for all inspection costs incurred by the CITY related to the installation of Required Improvements. The PERMITTEE shall make a cash deposit into the appropriate escrow account at the CITY and the CITY shall have the authority to draw upon these funds for the purpose of compensating for inspection services. The amount of the deposit shall be equal to five percent (5%) of the estimated cost of the Required Improvements, which equates to Dollars and No Cents ($ .00) (5% x $ .00). Upon completion of the Improvements to the satisfaction of the City, any surplus balance remaining in the CITY's escrow account shall be refunded to the PERMITTEE. SECTION II PERMITS AND OCCUPANCY 11. Requirements for Building Permits. 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 structure; (b) site plan approval is granted by the CITY and any expense incurred in giving site plan approval has been reimbursed to the CITY; (c) the Building Official has been provided with a copy of the approved site plan, signed by a registered architect or surveyor, showing all dimensions to scale; (d) the Plat has been recorded at Anoka County Property Records, (e) a Lower Rum River Watershed Management Organization Permit has been obtained. The CITY reserves the right to suspend all building activities upon the CITY being notified by an outside agency that the appropriate permit(s) was not obtained from the applicable agency. Approval of the building foundation requires a certificate of elevation signed by a licensed (State of Minnesota), professional land surveyor, verifying that the elevation with the approved grading plan for the Plat. Foundation approvals will require a certificate of elevation verifying that the actual elevation is in compliance with the approved grading and drainage plan. The lowest floor elevation shall be at least 2 feet above the 100 year elevation. No occupancy permit for any lot in the Plat shall be issued until: (a) vehicular access to the lot is provided including the installation of at least one layer of bituminous surfacing; (b) all utilities are in place, operational and accepted by the CITY; (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, must be provided to the CITY documenting that the flattest grade on this lot is 1% or greater will require certificates of grading. SECTION IV LANDSCAPING 12. Maintenance Guarantee for Landscaping. It is herein agreed that the PERMITTEE shall provide a maintenance guarantee to ensure the survival of the plantings. Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form by the CITY, in the amount of Two Thousand Nine Hundred and Three Dollars and No Cents ($2,903.00) [# plantings (16 trees, 65 shrubs) x cost/planting ($300/tree, $75/shrub) x 30% average non -survival rate], which shall be in effect for a two-year period commencing on the date of the CITY's acceptance of said plantings as part of the Required Improvements. Super America Development Permit Page 3 of 6