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and testing report, including referenced development phases and lot descriptions, shall be submitted
<br />to the Building Official for review prior to the issuance of building permits.
<br />(05) C1ea�Uo. The Developer shall clean dirt, debris, trash, and other refuse from all streets and
<br />adjacent properties that has resulted from construction work by the Developer, home builders,
<br />subcontractors, their agents or assigns, until all requirements of this agreement ha�re been satisfied.
<br />Prior to any construction in the plat, the Developer shall identify in writing a responsible party and
<br />schedule for erosion control, street cleaning, and street sweeping.
<br />(06) National Pollutant Discharge Elimination S�stem Rec�uirements. Prior to the commencement
<br />of any work, the Developer shall provide a signed Storm Water Pollution Pre�=ention Plan for City
<br />review and approval to control erosion from the site. Because the site is over one (1) acre, the
<br />Developer shall also apply for and obtain an NPDES permit from the 1�linnesota Pollution Control
<br />Agency .
<br />(07) Municipal Se�arate Storm Sewer S�-stem Rec�uirements. All stormwater management activities
<br />shall comply �-ith the City 1�1S4 permit.
<br />15. Default.
<br />(01) Remedies. In the event of default by the Developer as to any of the work to be performed by
<br />it hereunder, the City may, at its option, perform the work and the De�reloper shall promptly reimburse
<br />the City for any expense incurred by the City, provided the Developer, except in an emergency as
<br />determined by the Cit�r, is first given notice of the work in default, not less than forty-eight (48) hours
<br />in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to
<br />seek a Court order for permission to enter the land. When the Cin� does any such work, the City may,
<br />in addition to its other remedies, assess the cost in whole or in part.
<br />(02) Acceleration on Default In the event De�Teloper, 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 />Cit�-, at its option, in addition to its other rights and remedies, by written notice of default given to the
<br />Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , due and
<br />payable in full, with interest, immediately, or on such date as the City shall specifyin its notice of default
<br />to Developer. If Developer fails to make payment in the amount and at the time specified in the City's
<br />notice of default to Developer, City may, at its option, draw on the security provided by Developer
<br />pursuant to Section 8 of this Agreement and/or commence legal action against Developer to collect
<br />the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be
<br />personally liable for such amounts due and, if more than one, such liability shall be joint and several.
<br />16. Issuance of Building and Occu�anc� Permits.
<br />(01) Building Permits. The City will not issue any building permit (a permit issued for construction
<br />of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all
<br />gas, electric, and large (public) utilities are installed and available for the individual parcel, and streets
<br />are paved throughout the subdivision with the first lift of pavement to the acceptance of the City
<br />Engineer. City will not issue a certificate of occupancy (said certificate will allow the structure to be
<br />transferred to a new owner for the purpose of permanent occupanc5-) for an�� building constructed on
<br />any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed,
<br />approved by the Cit�� Engineer and accepted by the City. Temporary certificates of occupancy may be
<br />issued for sites with model permits, however, such certificates will not allow the structure to be
<br />transferred to a new owner for the purpose of occupancy.
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