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the PERMITTEE fails to construct and install the Required Improvements as required herein, the City <br />Council may order the completion of the Required Improvements with CITY day labor and/or by <br />letting contracts for said completion and draw upon the escrow for payment. Only the City Council <br />shall have the authority to direct completion of the Required Improvements and withdraw from the <br />escrow account. The PERMITTEE hereby grants permission and a license to the CITY and/or its <br />contractors and assigns to enter upon the Subject Property for the purpose of completing the <br />construction and installation of 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 CITY <br />related to the installation of Required Improvements. The PERMITTEE shall make a cash deposit <br />into the appropriate escrow account at the CITY and the CITY shall have the authority to draw upon <br />these funds for the purpose of compensating for inspection services. The amount of the deposit shall <br />be equal to five percent (5%) of the estimated cost of the Required Improvements, which equates to <br />Two Thousand One Hundred Sixty Seven Dollars and No Cents ($2,167.00) (5% x $43,333.00). Upon <br />completion of the Required Improvements to the satisfaction of the City, any surplus balance remaining <br />in the CITY's escrow account shall be refunded to the PERMITTEE. <br />11. Development Fees. The PERMITTEE shall be responsible for payment of all applicable development <br />fees as outlined in Exhibit A attached hereto, prior to issuance of a building permit. The rate in effect <br />at the time of execution of this Agreement will be collected. <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 the <br />CITY; (c) the Building Official has been provided with a copy of the approved site plan, signed by a <br />registered architect or surveyor, showing all dimensions to scale; (d) the Plat has been recorded at <br />Anoka County Property Records, (e) a Lower Rum River Watershed Management Organization Permit <br />has been obtained, (f) all applicable development fees, as outlined in Exhibit A attached hereto, have <br />been paid to the CITY. The CITY reserves the right to suspend all building activities upon the CITY <br />being notified by an outside agency that the appropriate permit(s) was not obtained from the applicable <br />agency. Approval of the building foundation requires a certificate of elevation signed by a licensed <br />(State of Minnesota), professional land surveyor, verifying that the elevation is in accordance with the <br />approved grading plan for the Plat. Foundation approvals will require a certificate of elevation <br />verifying that the actual elevation is in compliance with the approved grading and drainage plan. The <br />lowest floor elevation shall be at least two (2) feet above the 100 year 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 certificate <br />of grading, prepared by a licensed (State of Minnesota), professional land surveyor, must be provided <br />to the CITY documenting that the flattest grade on this lot is 1% or greater will require certificates of <br />grading. <br />SECTION IV <br />LANDSCAPING <br />McDonald's <br />Development Permit <br />Page 3 of 6 <br />