Agenda - Council - 07/25/2017 - Laserfiche WebLink

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k. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the CITY' S Building Official, which authorizes the structure to be used for its intended purposes. 1. Estoppel Certificates and Certificate of Completion. Within ten (10) days after a written request from the PERMITTEE, the CITY will provide the PERMITTEE and any third party who is purchasing all or any portion of the Subject Property or to whom the PERMITTEE is granting a mortgage on all or any portion of the Subject Property with a written estoppel certificate stating: (i) that this Agreement remains in full force and effect — or - that this Agreement has been terminated; (ii) that this Agreement has not been modified or amended - or, if this Agreement has been modified or amended -, identifying such modifications or amendments; (iii) the type and amount of any security the CITY is holding to secure the performance of the PERMITTEE'S obligations under this Agreement; (iv) that, to the best of the CITY'S actual knowledge, the PERMITTEE is not in default in the performance of the PERMITTEE'S obligations under this Agreement - or, if the CITY has knowledge of PERMITTEE defaults, describing those defaults; and (v) that, to the best of the CITY'S actual knowledge, the CITY is not in default in the performance of the CITY'S obligations under this Agreement - or, if the CITY has knowledge of CITY defaults, describing those defaults. At any time that the PERMITTEE believes it has fully performed its obligations under this Agreement, the PERMITTEE may so notify the CITY and the CITY shall promptly inspect the Subject Property to determine if the PERMITTEE has fully performed its obligations under this Agreement. Within ten (10) days after the CITY'S inspection the CITY must provide the PERMITTEE with either a detailed written description of the PERMITTEE's obligations which the CITY determines the PERMITTEE has not fully performed or a recordable instrument executed by the CITY'S mayor and CITY administrator evidencing the termination and satisfaction of this Agreement. m. Sound Mitigation and Occupancy Permits: The Subject Property is located adjacent to Trunk Highway 10, which generates a significant amount of traffic. The Plat is providing a berm and landscaping as shown in the Plans. The construction of the berm and related landscaping will reduce traffic noise decibels generated from Highway 10. The PERMITTEE shall be provide a letter of concurrence from the Minnesota Pollution Control Agency that the development is using the most reasonable and feasible methods to control the effects of the traffic noise that is already in place and forecasted for the future. The PERMITTEE shall provide a two year maintenance guarantee to ensure the survivability of these plantings. The landscape maintenance guarantee shall assume a 30% mortality rate at a rate of $300 per tree. n. Future Lots. The PERMITTEE acknowledges that Outlot H of the Plat is not developable until Stage I Improvements are constructed adjacent to this parcel, including Puma Street reconstruction. Exhibit (Bolton and Menk).