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4.7. SR 08-06-2018
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4.7. SR 08-06-2018
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FHA/HUD 79G specifications. The soils observation and testing report, including referenced <br /> development phases and lot descriptions, shall be submitted to the Building Official for review prior <br /> to the issuance of building permits. <br /> (05) CleanUp. The Developer shall clean dirt and debris from all streets that has resulted from <br /> construction work by the Developer, home builders, subcontractors, their agents or assigns, until all <br /> requirements of this agreement have been satisfied. Prior to any construction in the plat, the <br /> Developer shall identify in writing a responsible party and schedule for erosion control, street <br /> 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 /> 15. 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 /> 16. 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 gas, electric, and large (public) utilities are installed and available for the <br /> individual parcel, and streets are paved throughout the subdivision with the first lift of pavement to <br /> the acceptance of the City Engineer. City will not issue a certificate of occupancy (said certificate will <br /> allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for <br /> any building constructed on any lot or parcel in the Subdivision until all Improvements (except final <br /> lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary <br /> 10 <br />
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