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be equal to five percent (5%) of the estimated cost of the Required Improvements, which equates to <br />Fourteen Thousand Two Hundred Sixty Seven Dollars and No Cents ($14,267.00) (5% x $285,336.29). <br />Upon completion of the Required Improvements to the satisfaction of the CITY, any surplus balance <br />remaining in the CITY's escrow account shall be refunded to the PERMITTEE. <br />11. Development Fees. It is assumed that all applicable development fees were satisfied at the time of <br />platting of the Subject Property. <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, The CITY reserves the right to suspend all building activities upon the CITY being <br />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 />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 a letter of credit, approved as to form by the CITY, in the amount of Two Thousand <br />Two Hundred Five Dollars and No Cents (2,205.00) [# plantings (16 trees) x cost/planting ($300/tree) <br />x 30% average non -survival rate; (34 shrubs) x cost/planting $75/shrub) x 30% average non -survival <br />rate], which shall be in effect for a two (2) year period commencing on the date of the CITY's <br />acceptance of said plantings 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 Plans 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 />ACE Solid Waste, Inc. <br />Development Agreement <br />Page 3 of 6 <br />