Agenda - Council - 07/25/2006 - Laserfiche WebLink

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13. Hard Surfaced Driveways. Hard surfaced driveways (bituminous or concrete) are a . requirement for each lot in the Plat. Said improvement shall be installed by the building permit applicant or the homeowner prior to the issuance of the Certificate of Occupancy or as - soon thereafter as possible, weather permitting. In the event this improvement is not timely installed on a'lot, the DEVELOPER and/or the DEVELOPER'S assign(s), agrees that the CITY may install said improvement on the lot and specially assess the cost therefore against the lot. The DEVELOPER hereby waives all right to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation of the hard surfaced ,driveway. In addition, the DEVELOPER grants the CITY a license to enter on each lot of the Plat in order to install the improvement described in this paragraph if the same has not been previously constructed. 14. Street Cleaning. After the street surfacin~ is installed, the DEVELOPER shall clear any soil, earth, or debris from the streets within the Plat resulting from any construction within the Plat by the DEVELOPER or its successors and assigns. From time to time, the CITY may remove accumulations of soil, earth and debris from the streets resulting from the construction of the Plat. It shall be the DEVELOPER'S responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the DEVELOPER for such costs shall be paid within fifteen (15) days of the date of invoice. SECTION III PERMITS AND OCCUPANCY . 15. Requirements for Building and Occupancy Permits. No building permit for any lot in the Plat shall be issued until: (a) MPCA has issued a Certificate of Completion for clean-up of the Subject Property; (b) the Plat has been delivered to Anoka County for recording; (c) a Class 5 driving surface is installed to within 300 feet of the structure; (d) until the. water system is functional and looped between Variolite StreetN.W. and CSAH 5; (e) a Certificate . of Survey, including that survey information required by the CITY has been supplied to the City Building OffiCial; (f) all the financial guarantees required by the CITY have been satisfied; and (g) this Development Agreement has been signed and received by the CITY. All foundation approvals will require a certificate of elevation verifying that the actual elevation is in compliance with the approved grading and drainage plan. No occupancy permit for any lot in the Plat shall be issued until: (a) vehicular access to the lot is provided including the installation of at least one layer of bituminous surfacing; (b) both the sanitary sewer and water utilities are in place, fully operational, and accepted by the CITY; (c) for lots that have a slope of less than 2%, a certificate of grading, prepared by a licensed (State of Minnesota), professional land surveyor, must be provided to the City. documenting that the flattest grade on this lot is 1 % or greater will require :pertificat~s of" grading; and (d) boulevard sod and landscape trees, or escrow for same, have been provided . (see Paragraph 20 below). -262- . Sweetbay Ridge Development Agreement Page 6 of 13