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17. Payment of Development Fees. The PERMITTEE must pay to the CITY the fees <br />described on Exhibit B upon written notice which may include, but are not limited to, Park <br />Land Dedication Fees, Trail Development Fees, Sanitary Sewer Connection (Trunk) Fees, <br />Water Connection (Trunk) Fees, Sanitary Sewer Lateral Fees, Water Lateral Fees, Storm <br />Management Fees, Street Light as well as Street Light Operation and Maintenance Fees. <br />18. Requirements for Building and Occupancy Permits. <br />a. No building permit for any lot in the Plat shall be issued until the PERMITTEE <br />has: (a) installed a Class 5 driving surface to within 300 feet of the structure; (b) <br />provided the CITY Building Official with a Certificate of Survey; c.) provided the <br />financial guaranty described in Section 12 to the CITY; d.) obtained all necessary <br />permits from the Lower Rum River Watershed Management Organization and has <br />provided a copy of such permit to the CITY, provided that the CITY <br />acknowledges and agrees that all such permits have been issued and approved by <br />the CITY as of the date hereof; and <br />b. No occupancy permit for any lot in the Plat shall be issued until the PERMITTEE <br />has: (a) constructed vehicular access to the lot, including the installation of at least <br />one layer of bituminous surfacing; (b) constructed all utilities and storm water <br />facilities this Contract requires to serve the lot and such utilities and storrn water <br />facilities are in place, operational and accepted by the CITY; (c) for lots that have <br />a slope of less than 2%, provided the CITY with a certificate of grading,, prepared <br />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 <br />landscaping that are required as a part of the Stage 1 Improvements. <br />19. PERMITTEE Defaults. if the PERMITTEE defaults in the performance of one or more <br />of the PERMITTEE'S obligations under this Contract, i) the CITY gives the <br />PERMITTEE and each OWNER of the applicable Subject Property to which the default <br />of PERMITTEE relates (the "APPLICABLE OWNER(S)"), thirty (30) days written <br />notice of the default and ii) the PERMITTEE fails to cure the default within said thirty <br />(30) day period (provided that (x) the APPLICABLE OWNER(S) shall have the right, <br />but not the obligation, to cure any such default of PERMITTEE, and (y) PERMITTEE <br />(or the APPLICABLE OWNER(S) if a APPLICABLE OWNER elects to cure pursuant <br />to clause (x) above), shall have such additional time as is reasonably necessary to cure such <br />default, so long as it proceed with reasonable diligence in doing so)), then the CITY may <br />pursue any and all remedies available at law or in equity including, but not limited to, the <br />following: <br />a. The CITY may, at its option, perform or engage one or more third parties to <br />perform the PERMITTEE'S obligations. If, in the reasonable judgment of the <br />CITY'S staff, the PERMITTEE'S default creates an immediate risk to public <br />health or safety, the CITY may perform or engage one or more third parties to <br />perform the work before the CITY provides the notice described in the initial <br />paragraph of this Section, but the CITY must use commercially reasonable efforts <br />to notify the PERMITTEE as promptly as possible that the CITY is undertaking <br />to perform the PERMITTEE'S obligation or obligations. if the CITY performs <br />one or more obligations of the PERMITTEE, the PERMITTEE must reimburse <br />the CITY for any costs or expenses the CITY incurs, including costs and expenses <br />6 <br />