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for said completion and draw upon the escrow for payment. Only the City Council shall have the <br /> authority to direct completion of the Required Improvements and withdraw from the escrow <br /> account. The PERMITTEE hereby grants permission and a license to the CITY and/or its <br /> contractors and assigns to enter upon the Subject Property for the purpose of completing the <br /> construction and installation of the Required Improvements in the event of the PERMITTEE's <br /> default. <br /> 9. Inspection Fees. The PERMITTEE shall be responsible for all inspection costs incurred by the <br /> CITY related to the installation of Required Improvements. The PERMITTEE shall make a <br /> cash deposit into the appropriate escrow account at the CITY and the CITY shall have the authority <br /> to draw upon these funds for the purpose of compensating for inspection services. The amount of <br /> the deposit shall be equal to five percent (5%) of the estimated cost of the Required <br /> Improvements, which equates to Eight Thousand One Hundred Fifty Five Dollars and No <br /> Cents ($8,155.00) (5%x $163,100.00). Upon completion of the Required Improvements to the <br /> satisfaction of the CITY, any surplus balance remaining in the CITY's escrow account shall be <br /> refunded to the PERMITTEE. <br /> 10. Development Fees. All applicable development fees were satisfied at the time of platting of the <br /> Subject Property. <br /> SECTION II <br /> PERMITS AND OCCUPANCY <br /> 11. Requirements for Building Permit. <br /> a. No building permit shall be issued until the PERMITTEE has: (a) installed a Class 5 driving <br /> surface to within 300 feet of the structure; (b) provided the CITY Building Official with a <br /> Certificate of Survey; c.) the financial guarantee described in Section I Paragraph 8 to the <br /> CITY; d.) obtained all necessary permits from the Lower Rum River Watershed Management <br /> Organization and has provided a copy of such permit to the CITY; and <br /> b. No occupancy permit shall be issued until the PERMITTEE has: (a) constructed vehicular <br /> access to the lot, including the installation of at least one layer of bituminous surfacing; (b) <br /> constructed all utilities and storm water facilities this Agreement requires to serve the lot and <br /> such utilities and storm water facilities are in place, operational and accepted by the CITY; (c) <br /> for lots that have a slope of less than 2%, provided the CITY with a certificate of grading, <br /> prepared by a licensed (State of Minnesota) professional land surveyor, certifying that the <br /> flattest grade on the lot is 1% or greater; and(d) installed and planted the sod and landscaping <br /> that are required. <br /> SECTION III <br /> LANDSCAPING <br /> 12. Maintenance Guarantee for Landscaping. It is herein agreed that the PERMITTEE shall <br /> provide a maintenance guarantee to ensure the survival of the plantings. Said maintenance <br /> guarantee shall consist of cash or an irrevocable letter of credit, approved as to form by the CITY, <br /> in the amount of One Thousand Thirty Five Dollars and No Cents (1,035.00) [#plantings (9 trees <br /> and 10 shrubs) x cost/planting($300/tree and$75/shrub)x 30%average non-survival rate], which <br /> shall be in effect for a two (2) year period commencing on the date of the CITY's written <br /> acceptance of said plantings as part of the Required Improvements. <br /> 3 <br />