Agenda - Council - 02/19/2013 - Special

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4988262v4 Fees, Water Connection (Trunk) Fees, Sanitary Sewer Lateral Fees, Water Lateral Fees, Storm Management Fees and Street Light and Street Light Operation and Maintenance Fees. 19. Requirements for Building and Occupancy Permits. a. No building permit for any lot in the Plat shall be issued until the PERMITTEE has: (a) installed a Class 5 driving surface to within 300 feet of the structure; (b) provided the CITY Building Official with a Certificate of Survey that includes the survey information described on Exhibit B; c.) the financial guaranty described in Section 7 to the CITY; d.) obtained all necessary permits from the Lower Rum River Watershed Management Organization and the Anoka County Soil Conservation District and has provided a copy of each such permit to the CITY; and b. No occupancy permit for any lot in the Plat shall be issued until the PERMITTEE has: (a) constructed vehicular access to the lot, including the installation of at least one layer of bituminous surfacing; (b) constructed all utilities and storm water facilities this Contract requires to serve the lot and such utilities and storm water facilities are in place, and operational and the CITY has accepted those utilities and storm water facilities; (c) for lots that have a slope of less than 2 %, provided the CITY with a certificate of grading, prepared by a licensed (State of Minnesota) professional land surveyor, certifying that the flattest grade on the lot is 1% or greater; and (d) installed and planted the sod and landscaping that are required as a part of the Stage I PERMITTEE Improvements. 20. PERMITTEE Defaults. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Contract, the CITY gives the PERMITTEE thirty (30) days written notice of the default (except as provided in subsection (a) below and in Section 7 above with respect to expiring letters of credit) and the PERMITTEE fails to cure the default within said thirty (30) the CITY may pursue any and all remedies available at law or in equity including, but not limited to, the following: a. The CITY may, at its option, perform or engage one or more third parties to perform the PERMITTEE'S obligations. If, in the reasonable judgment of the CITY'S staff, the PERMITTEE'S default creates an immediate risk to public health or safety, the CITY may perform or engage one or more third parties to perform the work before the CITY provides the notice described in the initial paragraph of this Section, but the CITY must use commercially reasonable efforts to notify the PERMITTEE as promptly as possible that the CITY is undertaking to perform the PERMITTEE'S obligation or obligations. If the CITY performs one or more obligations of the PERMITTEE, the 6