3.8. SR 12-15-2008 - Laserfiche WebLink

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Developer Agreement Twin Lakes Estates 2"d Addition Page 6 (05) Surve~Monuments -Durable iron survey monuments shall be set, pursuant to Minnesota Statutes, Section 505.02, Subd. 1, within one (1) pear after recording of the final plat of the Subdivision. Developer shall provide in writing notice to the City a Surveyor's certification that all monuments have been set. A portion of the Security provided pursuant to paragraph 9 of this. Agreement shall be retained by the City until the City Engineer has inspected the Survey Monuments and confirmed that they have been set as required by Minnesota Statutes. (06) Street Constructiori - No street contruction will be allowed after November 1 or prior to Map 15 unless approved by the City Engineer. (0~ Snowplowing -Until the Improvements are accepted by the City or the first lift of blacktop is installed, the developer is responsible for snow removal and ensuring access by Emergency Response equipment. 7.) Issuance of Building and Occupancy Permits - (01) Building Permits -The City will not issue any building permit (a permit issued for construction of a structure to be sold and occupied by a new owner) fox any lot or parcel in the Subdivision until all small and large utilities are installed and streets are paved with the first lift of pavement. In the event that paving has not been completed, model permits (a permit issued for construction of a structure to be shown for the purposes of making a sale) map be issued at the City's discretion fox lots adjacent to streets that have been graveled provided that the Developer maintains access suitable for emergency vehicle access to the lots at all times. The City, in its sole discretion, may require anp or all of the gravel to be removed and replaced prior to paving. (02) Occupancy Permits -City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupanry) for any building constructed on any lot or parcel in the Subdivision until all Improvements except the final lift of blacktop are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy will be issued for sites with model permits; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupanry. (03) Notice to Homebuyers - If the Developer fails to comply with any of provisions of this Agreement, the City map refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this contract and the obligations and restrictions created herein prior to the completion of the sale. Further, Developer agrees to save and hold Ciry harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. Temporary Certificates of Occupancy will be issued for sites with model permits for showing only, not temporary or permanent occupancy. 8.) General Provisions - (01) Binding Effect -The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. S:\PLANNING\Agreements\Twin Lakes Estates 2nd.DOC