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(06) National Pollutant Discharge Elimination S�-stem Rec�uirements. Prior to the commencement <br />of any work, the Developer shall provide a signed Storm �Xlater Pollution Prevention 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 Minnesota Pollution Control <br />Agency. <br />(07) Municipal Se�arate Storm Sewer S�-stem Rec�uirements. All stormwater management activities <br />shall comply with 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 Cit�� may, at its option, perform the work and the Developer shall promptly reimburse <br />the Cit�r for any expense incurred by the Cit�r, provided the Developer, except in an emergency as <br />determined by the City, 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 Cit�r 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 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 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 specify in 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, Cit�r may, at its option, draw on the securit�r 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 occupanc�-) for any 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 City 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. <br />(02) Notice to Homebu�ers. If the Developer fails to comply with any of provisions of this <br />Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or <br />parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the <br />Subdivision of the e�stence of this contract and the obligations and restrictions created herein prior <br />to the completion of the sale. Further, Developer agrees to save and hold Cin� harmless from any and <br />all claims or actions arising from the right to withhold the issuance of such permits and certificates and <br />from other provisions hereof. <br />10 <br />