12-14-2020 Council Packet - Laserfiche WebLink

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Poehling Addition Development Agreement December 14, 2020 page 9 may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. The Developer shall submit an approved CLOMR – F before the City will issue a building permit. 19. Special Provisions. a. The Developer shall submit a completed CLOMR-F application prior to release of plat for recording. b. A LOMR-F will be required prior to Certificate of Occupancy. c. Floodplain mitigation shall be completed in accordance with the approved plans. Any proposed modification shall be approved by the City and, if applicable, the RCWD prior to issuance of a building permit for Lot 2, Block 1. Compliance with flood elevation requirements shall be met without variance. d. The Developer shall provide access and legal right to owner of Lot 2, Block 1 to complete all required floodplain mitigation on Lot 1, Block 1. e. A vegetated buffer zone extending upland from the shoreline averaging at least 20 feet in width but no less than 10 feet in width shall be installed and maintained on both Lot 1 and Lot 2, Poehling Addition. i. One access opening to the shoreline no greater than twenty (20) feet wide is allowed on both Lot 1 and Lot 2. ii. The vegetated buffer zone shall be maintained in accordance with the recorded Shoreline Buffer Declaration and Maintenance Plan. iii. The Shoreline Buffer Declaration shall be recorded against Lot 1 and Lot 2, Block 1, Poehling Addition. f. A future deck or accessory structure will need to meet floodplain regulations and are not included as part of the mitigation plan for Poehling Addition. 20. Hours of Construction Activity.