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said improvement. The warranty must be in the form of a Letter of Credit in a form acceptable to <br />the CITY'S Finance Director or a cash escrow. <br />14. Maintenance Guarantee for Landscaping. It is herein agreed that the PERMITTEE shall provide <br />the CITY a maintenance guarantee to ensure the survival of the plantings. Said maintenance <br />guarantee shall consist of cash or a Letter of Credit, approved as to form by the CITY, in the <br />amount of $21,240. [# plantings (236 trees) x cost/planting ($300/tree x 30% average non - <br />survival rate, (0 shrubs) x cost/planting $75/shrub x 30% average non -survival rate], which shall <br />be in effect for a two-year period commencing on the date of the CITY's acceptance of said <br />plantings as part of the Required Private Improvements. The CITY shall draw down the <br />guarantee as required in Paragraph 13 (Warranty for Stage I Improvements and Stage II <br />Improvements) and shall not require a separate guarantee. <br />15. Street Cleaning and Clean Up. After the street surfacing that is a part of the Stage I <br />Improvements is installed, the PERMITTEE shall clear any soil, earth, or debris from the streets. <br />From time to time, the CITY may remove accumulations of soil, earth, and debris from the <br />streets resulting from the construction of the Stage I Improvements. It shall be the <br />PERMITTEE'S responsibility to pay the costs associated with this necessary street cleaning. <br />Invoices from the CITY to the PERMITTEE for such costs shall be paid within fifteen (15) days <br />of the date of the invoice. <br />16. Payment of Development Fees. The PERMITTEE must pay to the CITY the fees described on <br />Exhibit B which may include, but are not limited to, Park Land Dedication Fees, Trail <br />Development Fees, Sanitary Sewer Connection (Trunk) Fees, Water Connection (Trunk) Fees, <br />Sanitary Sewer Lateral Fees, Water Lateral Fees, Storm Water Management Fees, Street Light as <br />well as Street Light Operation and Maintenance Fees. Fees must be paid prior to recording of <br />PLAT. <br />17. Requirements for Building Permits and Occupancy Permits. <br />a. No building permit for any lot in the Plat shall be issued until the PERMITTEE has: (a) <br />installed a Class 5 driving surface to within 300 feet of the structure and such <br />construction does not conflict with the construction of Stage I Improvements; (b) <br />provided the Building Official with a Certificate of Survey; c.) submitted the financial <br />guaranty described in Section 11 of this Agreement to the CITY; d.) obtained all <br />necessary permits from regulatory agencies, including the Lower Rum River Watershed <br />Management Organization, and has provided a copy of each permit to the CITY; and <br />b. Construction access across property owned by Anoka County must be approved by <br />Anoka County under separate agreement; and <br />c. The City shall approve early permits for three models as outlined in the Final Plat <br />resolution; and <br />d. No occupancy permit for any lot in the Plat shall be issued until the PERMITTEE has: <br />(a) constructed vehicular access to the lot, including the installation of at least one layer <br />of bituminous surfacing; (b) constructed all utilities and storm water facilities this <br />Contract requires to serve the lot and such utilities and storm water facilities are in place <br />and operational and the CITY has accepted those utilities and storm water facilities; (c) <br />provided the CITY with a certificate of grading, prepared by a licensed (State of <br />Minnesota) professional land surveyor, certifying that the flattest grade on any lots <br />5 <br />