Agenda - Council - 03/12/2019 - Laserfiche WebLink

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Improvements. The inspection fee must be in the form of a cash escrow. The PERMITTEE may request a refund of the remaining balance in the escrow upon completion of the Required Private Improvements, acceptance by the CITY. 9. Warranty for Improvements. The PERMITTEE shall provide a one-year warranty in the amount of $17,710.00, which is 25% of the cost of the Required Private Improvements. Said warranty shall be in force for one year following the final acceptance of any required improvements and shall guarantee satisfactory performance of said improvement. The warranty must be in the form of a Letter of Credit in a form acceptable to the CITY'S Finance Director or a cash escrow. 10. Street Cleaning and Clean Up. After the street surfacing that is a part of the Required Private Improvements is installed, the PERMITTEE shall clear any soil, earth, or debris from the streets. From time to time, the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the Required Private Improvements. It shall be the PERMITTEE'S responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the PERMITTEE for such costs shall be paid within fifteen (15) days of the date of the invoice. 11. Requirements for Building and Occupancy Permits. a. No building permit for any building in the site plan shall be issued until the PERMITTEE has: (a) installed a Class 5 driving surface to within 300 feet ofthe structure; (b) provided the CITY Building Official with a Certificate of Survey; c.) the financial guaranty described in Section 6 to the CITY; d.) obtained all necessary permits from the Lower Rum River Watershed Management Organization and has provided a copy of such permit to the CITY; and b. No occupancy permit for any lot in the site plan shall be issued until the PERMITTEE has: (a) constructed vehicular access to the lot, including the installation of at least one layer of bituminous surfacing; (b) constructed all utilities and storm water facilities this Contract requires to serve the lot and such utilities and storm water facilities are in place, and operational (including utility extensions in Bunker Lake Boulevard and Puma Street) and the CITY has accepted those utilities and storm water facilities; (c) for lots that have a slope of less than 2%, provided the CITY with a certificate of grading, prepared by a licensed (State of Minnesota) professional land surveyor, certifying that the flattest grade on the lot is 1% or greater; and (d) installed and planted the sod and landscaping that are required as a part of the Required Private Improvements. 12. PERMITTEE Defaults. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Contract, i) the CITY gives the PERMITTEE thirty (30) days written notice ofthe default and ii) the PERMITTEE fails to cure the default within said thirty (30), then the CITY may pursue any and all remedies available at law or in equity including, but not limited to, the following: a. The CITY may, at its option, perform or engage one or more third parties to perform the PERMITTEE'S obligations. If, in the reasonable judgment of the CITY'S staff, the PERMITTEE'S default creates an immediate risk to public 3