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Agenda - Council - 03/24/2026
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Agenda - Council - 03/24/2026
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4/17/2026 10:43:19 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
03/24/2026
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(i) Provided the CITY Building Official with a Certificate of Survey showing the <br />proposed structure(s), well, and septic system with measurements noted to all <br />property lines, grading, and wetlands; and <br />(ii) Provided the financial guaranty described in Section 9 to the CITY; and <br />(iii) The PERMITTEES provided a partial tree inventory as a part of the preliminary <br />plat submittal anticipating where building pads are likely to be located. Should those <br />assumed areas change at the time of building permit, an update to the tree inventory <br />for that lot is required. In the areas to be disturbed for the house, well, septic system, <br />driveway, and any associated grading, a tree inventory and preservation plan <br />(specific to the lot) that includes species full name, diameter at breast height (DBH) <br />measurement, status (save or remove), if it is exempt (and why), tabulation of total <br />significant tree DBH inches on the lot, tabulation of total significant tree DBH inches <br />being removed (excluding exempt trees), tabulation of total exempt significant tree <br />DBH inches, calculation of total removed significant tree DBH inches (excluding <br />exempt trees) divided by the total significant tree DBH inches on site (excluding <br />exempt trees), and address any required restitution (either in the form of reforestation <br />and/or payment into the Community Forestry Fund); and <br />(iv) Grading, Drainage and Erosion Control plans, prepared by a Professional Engineer; <br />and <br />(v) Provided the CITY with a copy of the requisite Minnesota Department of <br />Transportation permit(s) for driveway and culvert installation; and <br />(vi) Documentation that the lowest floor meets the groundwater and floodplain <br />separation requirements. <br />b. No Certificate of Occupancy for any home within the Plat shall be issued until the <br />PERMITTEES have: <br />(i) Constructed vehicular access to the home in accordance with driveway regulations <br />in City Code; and <br />(ii) Provided an As -Built Certificate of Survey, with grading and setbacks marked, to <br />ensure that individual stormwater drainageways and/or basins have been constructed <br />in accordance with approved plans and to ensure positive drainage away from a <br />home's foundation; and <br />(iii) Provided the required escrow(s) if certain improvements, including but not <br />necessarily limited to, landscaping and driveway, have not yet been installed. <br />11. PERMITTEES Defaults. If the PERMITTEES defaults in the performance of one or more of <br />the PERMITTEES' obligations under this Agreement, i) the CITY gives the PERMITTEES <br />thirty (30) days written notice of the default and ii) the PERMITTEES fails to cure the default <br />within said thirty (30), then the CITY may pursue any and all remedies available at law or in equity <br />including, but not limited to, the following: <br />a. The CITY may, at its option, perform or engage one or more third parties to perform the <br />PERMITTEES' obligations. If, in the reasonable judgment of the CITY'S staff, the <br />PERMITTEES' default creates an immediate risk to public health or safety, the CITY <br />may perform or engage one or more third parties to perform the work before the CITY <br />provides the notice described in the initial paragraph of this Section, but the CITY must <br />use commercially reasonable efforts to notify the PERMITTEES as promptly as possible <br />that the CITY is undertaking to perfoini the PERMITTEES' obligation or obligations. If <br />the CITY performs one or more obligations of the PERMITTEES, the PERMITTEES <br />must reimburse the CITY for any costs or expenses the CITY incurs, including costs and <br />expenses for CITY staff time, to perform the work within 30 days after the CITY notifies <br />3 <br />
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