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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; and (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 be <br />provided to the CITY documenting that the flattest grade on this lot is 1% or greater. <br />SECTION III <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 an irrevocable letter of credit, approved as to form by the CITY, in the amount of <br />Thousand Hundred Dollars and No Cents (XXXX.XX) [# plantings (X trees, X <br />shrubs) x cost/planting ($300 /tree, $75 /shrub) x 30% average non - survival rate], which shall be in effect <br />for a two (2) year period commencing on the date of the CITY's written acceptance of said plantings <br />as part of the Required Improvements. <br />At the end of the two (2) year period, the PERMITTEE shall contact the CITY to schedule a final <br />inspection of the landscaping. The determination that all plantings that have been planted in accordance <br />with the Site Plan have either survived or have been replaced shall be made by the Community <br />Development Department. Upon approval of the final landscape inspection by the CITY, the <br />maintenance guarantee shall be returned to the PERMITTEE. In the event the PERMITTEE fails to <br />maintain the required plantings for a two (2) year period, the City Council may order the replacement <br />of plantings with CITY day labor and /or by letting contracts and draw upon the escrow for payment. <br />Only the City Council shall have the authority to direct replacement of the plantings and withdraw from <br />the 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 replacing plantings in <br />the event of the PERMITTEE default. <br />SECTION IV <br />GENERAL <br />14. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas <br />disturbed by the development grading operation in accordance with the approved erosion and sediment <br />control plan. The PERMITTEE shall also be responsible for the cost of cleaning any soil, earth or <br />debris from the wetlands within and adjacent to this Site Plan resulting from grading performed in the <br />development of the land. <br />15. Construction Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating to, <br />but not limited to, dumping of garbage, site development, construction debris, open burning, etc. <br />MMI Precision LLC <br />Development Permit <br />Page 4 of 6 <br />