Agenda - Council - 05/23/2023 - Laserfiche WebLink

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authority to direct completion of the Required Improvements and withdraw from the escrow account. The PERMITTEE hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Subject Property for the purpose of completing the construction and installation of the Required Improvements in the event of the PERMITTEE's default. 9. Inspection Fees. The PERMITTEE shall be responsible for all inspection costs incurred by the CITY related to the installation of Required Improvements. The PERMITTEE shall make a cash deposit into the appropriate escrow account at the CITY and the CITY shall have the authority to draw upon these funds for the purpose of compensating for inspection services. The amount of the deposit shall be equal to five percent (5%) of the estimated cost of the Required Improvements, which equates to Twenty -Five Thousand Six Hundred Fifty Three Dollars and No Cents ($25,653.00) (5% x $513,056.00). Upon completion of the Required Improvements to the satisfaction of the CITY, any surplus balance remaining in the CITY's escrow account shall be refunded to the PERMITTEE. 10. Payment of Development Fees. The PERMITTEE must pay to the CITY a fee of $4,000 to comply with the Tree Preservation Ordinance. This fee will be deposited into the CITY's Community Forestry Fund and will be utilized to reforest the community in strategic locations. SECTION II PERMITS AND OCCUPANCY 11. Requirements for Building Permit. a. No building permit shall be issued until the PERMITTEE has: (a) installed a Class 5 driving surface to within 300 feet of the structure; (b) provided the CITY Building Official with a Certificate of Survey; c.) submitted the financial guaranty described in Section I Paragraph 8 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 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 Agreement requires to serve the lot and such utilities and storm water facilities are in place, operational and accepted by the CITY; (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. SECTION III LANDSCAPING 12. Maintenance Guaranty for Landscaping. It is herein agreed that the PERMITTEE shall provide a maintenance guaranty to ensure the survival of the plantings. Said maintenance guaranty shall consist of cash or an irrevocable letter of credit, approved as to form by the CITY, in the amount of Four Thousand Five Dollars and No Cents ($4,005.00) [# plantings (32 trees and 50 shrubs) x cost/planting ($300/tree and $75/shrub) x 30% average non -survival rate], which shall be in effect for a two (2) year period commencing on the date of the CITY's written acceptance of said plantings as part of the Required Improvements. 3