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b. Marketable Title. That prior to commencing grading activities, the <br />PERMITTEE shall provide the CITY with proof of marketable title to <br />the Subject Property either through a currently certified abstract, registered <br />property abstract or title insurance commitment or policy. <br />c. Proof of Authority. That the PERMITTEE provide proof that the <br />respective governing boards of the PERMITTEE have authorized the <br />PERMITTEE'S execution of this Agreement. This proof of authority <br />may be satisfied by providing the CITY with a certified copy of the <br />minutes of the governing board of each entity which grants such authority. <br />3. The Plans. Final grading plans must be approved by the City Engineer. <br />4. Improvements. The improvements the PERMITTEE will construct or install are <br />as follows: <br />Preliminary Grading (the "Improvements"). <br />5. Improvement Financial Guarantee. The PERMITTEE shall provide a financial <br />guarantee to the CITY guaranteeing the construction of the Improvements and their <br />timely completion. The CITY shall require a financial guarantee in the amount of <br />thirty percent of the grading estimate. The PERMITTEE shall be responsible for <br />a financial guarantee in the amount of $150,000 or 30% of the grading estimate <br />provided by the PERMITTEE. <br />6. Inspection Fees for the Improvements. The PERMITTEE shall provide an <br />inspection fee to the CITY to inspect the Improvements. The PERMITTEE shall <br />be responsible for an inspection fee in the amount of $ which is 5% of the <br />grading estimate provided by the PERMITTEE. <br />7. Installation of the Improvements. The PERMITTEE shall obtain all necessary <br />permits from all governmental agencies before commencing construction of the <br />Improvements. The PERMITEE must provide the CITY with copies of National <br />Pollutant Discharge Elimination System (NPDES) and Lower Rum River Water <br />Management Organization (LRRMWO) permits from other governmental agencies <br />prior to or when the PERMITTEE applies for a grading permit to construct <br />improvements on a lot within the Subject Property. Within thirty (30) days after the <br />completion of the Improvements, the PERMITTEE shall provide the CITY with <br />a complete set of reproducible "As Built" plans for the Improvements. <br />8. Time of Performance for the Improvements. The PERMITTEE must substantially <br />complete the Improvements within one (1) year after issuance of a grading permit. <br />9. Street Cleaning and Clean Up. The PERMITTEE shall clear any soil, earth, or <br />debris from the streets resulting from the construction of the Improvements.. If the <br />PERMITTEE fails to keep streets clean the CITY shall notify the PERMITTEE <br />2 <br />