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draw upon the escrow for payment. Only the City Council shall have the authority to direct <br />completion of the Required Improvements and withdraw from the escrow account. The <br />PERMITTEE hereby grants permission and a license to the CITY and/or its contractors and assigns <br />to enter upon the Subject Property for the purpose of completing the construction and installation of <br />the Required Improvements in the event of the PERMITTEE' s default. <br />10. Inspection Fees. The PERMITTEE shall be responsible for all inspection costs incurred by the <br />CITY related to the installation of Required Improvements. The PERMITTEE shall make a cash <br />deposit into the appropriate escrow account at the CITY and the CITY shall have the authority to <br />draw upon these funds for the purpose of compensating for inspection services. The amount of the <br />deposit shall be equal to five percent (5%) of the estimated cost of the Required Improvements, which <br />equates to One Thousand One Hundred Eighteen Dollars and No Cents ($1,118.00) (5% x <br />$36,352.00). Upon completion of the Improvements to the satisfaction of the City, any surplus <br />balance remaining in the CITY's escrow account shall be refunded to the PERMITTEE. <br />11. Development Fees. It is assumed that all applicable development fees were satisfied at the time of <br />platting of the Subject Property. <br />SECTION II <br />PERMITS AND OCCUPANCY <br />12. Requirements for Building Permits. No building permit for any lot in the Plat shall be issued until: <br />(a) a Class 5 driving surface is installed to within 300 feet of the structure; (b) site plan approval is <br />granted by the CITY and any expense incurred in giving site plan approval has been reimbursed to <br />the CITY; (c) the Building Official has been provided with a copy of the approved site plan, signed <br />by a registered architect or surveyor, showing all dimensions to scale; (d) the Plat has been recorded <br />at Anoka County Property Records, (e) a Lower Rum River Watershed Management Organization <br />Permit has been obtained, (f) all applicable development fees, as outlined in Exhibit A attached <br />hereto, have been paid to the CITY. The CITY reserves the right to suspend all building activities <br />upon the CITY being notified by an outside agency that the appropriate permit(s) was not obtained <br />from the applicable agency. Approval of the building foundation requires a certificate of elevation <br />signed by a licensed (State of Minnesota), professional land surveyor, verifying that the elevation is in <br />accordance with the approved grading plan for the Plat. Foundation approvals will require a <br />certificate of elevation verifying that the actual elevation is in compliance with the approved grading <br />and drainage plan. The lowest floor elevation shall be at least two (2) feet above the 100 year <br />elevation. <br />No occupancy permit for any lot in the Plat shall be issued until: (a) vehicular access to the lot is <br />provided including the installation of at least one layer of bituminous surfacing; (b) all utilities are in <br />place, operational and accepted by the CITY; (c) for lots that have a slope of less than 2%, a <br />certificate of grading, prepared by a licensed (State of Minnesota), professional land surveyor, must <br />be provided to the CITY documenting that the flattest grade on this lot is 1% or greater will require <br />certificates of grading. <br />SECTION IV <br />LANDSCAPING <br />13. Maintenance Guarantee for Landscaping. It is herein agreed that the PERMITTEE shall provide <br />a maintenance guarantee to ensure the survival of the plantings. Said maintenance guarantee shall <br />consist of cash or a letter of credit, approved as to form by the CITY, in the amount of Nine Hundred <br />O'Cullinan Properties, LLC <br />Development Permit <br />Page 3 of 6 <br />