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Satisfaction of the conditions outlined in VIII.A. above; and <br />As -Built Survey. The Developer's engineer shall certify, in writing <br />with an as -built survey, that all grading complies with the grading <br />plan prior to issuance of building permits. The as -built survey <br />must include, but is not limited to, proposed and final contours <br />with adequate elevation shots to show conformance, property <br />irons (to be exposed in field), low floor and low opening <br />elevations, and the 100-Year High Water Level (HWL) of all <br />ponds, lakes, and wetland areas. <br />iii. Provision of temporary public drainage and utility easements over <br />all public utility improvements. Said easements shall expire upon <br />filing of the final plat and dedication of permanent easements. <br />iv. Review and approval of the building permit application by the <br />Building Official. <br />V. Construction shall be limited to maintain a maximum distance of <br />150 feet from the furthest exterior wall to an improved gravel <br />street as per the State Fire Code. The developer may construct <br />and maintain access in order to meet the requirements; <br />IX. REMEDIES FOR BREACH. <br />A. The City shall give prior written notice to the Developer of any default <br />hereunder before proceeding to enforce such financial guarantee or <br />before the City undertakes any work for which the City will be reimbursed <br />through the financial guarantee. If within twenty (20) days after receipt of <br />such written notice to it, the Developer has not notified the City by stating <br />in writing the manner in which the default will be cured and the time within <br />which such default will be cured, the City will proceed with the remedy it <br />deems reasonably appropriate. <br />B. At any time after the completion date and any extensions thereof, if any of <br />the work is deemed incomplete, the City may proceed in any one or more <br />of the following ways to enforce the undertakings herein set forth, and to <br />collect any and all expenses reasonably incurred by the City in connection <br />therewith, including, but not limited to, engineering, legal, planning and <br />litigation costs and expense. The enumeration of the remedies hereunder <br />shall be in addition to any other remedies available to the City. <br />Specific Performance. The City may in writing direct the surety or <br />the Developer to cause the Work to be undertaken and completed <br />within a specified reasonable time. If the Developer fails to cause <br />Ad Site Performance Agreement page 9 of 14 <br />