Agenda - Council - 11/23/2004 - Laserfiche WebLink

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SECTION II STAGE II.IMPROVEMENTS 11. Stage II Improvements Required. The Stage II Improvements which the. CITY requires the DEVELOPER to construct within the Plat are as follows: 12. Hard Surfaced Driveways. Hard surfaced driveways (bituminous or concrete) are a requirement for the Plat. In the event this improvement is not timely installed on a lot, the DEVELOPER and/or the DEVELOPER'S assign(s), agrees that the CITY' may install said improvement on the lot and specially assess the cost therefore against the lot. The DEVELOPER hereby waives all right to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation of the hard surfaced driveway. In addition, the DEVELOPER grants the CITY a license to enter on each lot of the Plat in order to install the improvement described in this paragraph if the same has.not been previoUsly constructed. 13. Street Cleaning. After the street surfacing is installed, the DEVELOPER shall clear any soil, earth, or debris from the streets within the Plat resulting from any construction within the Plat by the DEVELOPER or its successors and assigns. From time to time, the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the Plat. It shall be the DEVELOPER'S responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the DEVELOPER for such costs shall be paid within fifteen (15) days of the date of invoice. SECTION III PERMITS AND OCCUPANCY 14. Requirements for Building and Occupancy Permits. No building permit shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet of the structure; (b) a Certificate of Survey, including that survey information required by the CITY has been supplied to the City Building Official; (c) all the financial guarantees required by the CITY have been satisfied; and (d) this Development Agreement has been signed and received by the CITY. All foundation approvals will require a certificate of elevation verifying that the actual elevation is in compliance with the approved grading and drainage plan. No occupancy permit for the Plat shall be issued until: (a) vehicular access to the lot is provided including the installation of at least one layer of bituminous surfacing; (b) all utilities are in place, operational and accepted by the CITY; (c) for lots that have a slope of less than 2%, a certificate of grading, prepared by a licensed (State of Minnesota), prot'essional land surveyor, must be provided to the City documenting that the flattest grade on this lot is 1% or greater will require certificates of grading; and (d) boulevard sod and landscape tree, or escrow for same, have been provided. Regency Pond 4tla Addition Development Agreement Page 4 of 9