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<br />11 <br />any construction in the plat, the Developer shall identify in writing a responsible party and schedule <br />for erosion control, street cleaning, and street sweeping. <br />(06) National Pollutant Discharge Elimination System Requirements. Prior to the <br />commencement of any work, the Developer shall provide a signed Storm Water Pollution Prevention <br />Plan for City review and approval to control erosion from the site. Because the site is over one (1) <br />acre, the Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution <br />Control Agency. <br />(07) Municipal Separate Storm Sewer System Requirements. All stormwater management <br />activities shall comply with the City MS4 permit. <br />16. Default. <br />(01) Remedies. In the event of default by the Developer as to any of the work to be performed <br />by it hereunder, the City may, at its option, perform the work and the Developer shall promptly <br />reimburse the City for any expense incurred by the City, provided the Developer, except in an <br />emergency as determined by the City, is first given notice of the work in default, not less than forty- <br />eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be <br />necessary for the City to seek a Court order for permission to enter the land. When the City does <br />any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. <br />(02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates <br />any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the <br />City, at its option, in addition to its other rights and remedies, by written notice of default given to <br />the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , <br />due and payable in full, with interest, immediately, or on such date as the City shall specify in its <br />notice of default to Developer. If Developer fails to make payment in the amount and at the time <br />specified in the City’s notice of default to Developer, City may, at its option, draw on the security <br />provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action <br />against Developer to collect the entire amount owed by Developer, including reasonable attorneys’ <br />fees. Developer shall be personally liable for such amounts due and, if more than one, such liability <br />shall be joint and several. <br />17. Issuance of Building and Occupancy Permits. <br />(01) Building Permits. The City will not issue any building permit (a permit issued for <br />construction of a structure to be sold and occupied by a new owner) for any lot or parcel in the <br />Subdivision until all small and large utilities are installed, streets are paved with the first lift of <br />pavement and vegetation is full established. City will not issue a certificate of occupancy (said <br />certificate will allow the structure to be transferred to a new owner for the purpose of permanent <br />occupancy) for any building constructed on any lot or parcel in the Subdivision until all <br />Improvements (except final lift of paving) are completed, approved by the City Engineer and <br />accepted by the City. Temporary certificates of occupancy may be issued for sites with model <br />permits; however, such certificates will not allow the structure to be transferred to a new owner for <br />the purpose of occupancy. <br />(A) Building permits for Lots 1 and 2, Block 3, and Lot 6, Block 1, may be issued upon <br />the recording of the final plat of Eagles Marsh Third Addition. Public utilities and street <br />infrastructure were installed for these parcels as part of the Second Addition.