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iii. Review and approval of the building permit application by the <br />Building Official. <br />iv. Construction shall be limited to maintain a maximum distance of <br />150 feet from the furthest exterior wall to an improved gravel street <br />as per the State Fire Code. Developer may construct and maintain <br />access in order to meet the requirements. <br />V. 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 a Certificate of Occupancy . The as -built <br />survey must include, but is not limited to, proposed and final <br />contours with adequate elevation shots to show conformance, <br />property irons (to be exposed in field), low floor and low opening <br />elevations, and the 100-Year High Water Level (HWL) of all ponds, <br />lakes, and wetland areas. <br />IX. REMEDIES FOR BREACH. <br />A. Developer shall not be deemed to be in default under this Agreement unless <br />and until: (i) the City shall give prior written notice to the Developer of any <br />alleged default and/or breach hereunder in reasonable detail; and (ii) the <br />Developer has not, within 20 days after receipt of such default notice from <br />the City, notified the City by stating in writing the manner in which the default <br />will be cured and the time within which such default will be cured (each an <br />"Event of Default"). The City shall not proceed to enforce such financial <br />guarantee or undertake any work for which the City will be reimbursed <br />through the financial guarantee, or otherwise exercise any other remedy <br />prior to the occurrence of an Event of Default. Notwithstanding anything <br />herein to the contrary, the City may remedy a default without notice and an <br />opportunity to cure in the circumstances where the default presents an <br />emergency situation or life -safety circumstance as reasonably determined <br />by the City. <br />B. Subject to Force Majeure Delay, at any time after the Completion Date and <br />any extensions thereof, if an Event of Default occurs with respect to any <br />incomplete Improvements, the City may proceed in any one or more of the <br />following ways to enforce the undertakings herein set forth, and to collect <br />any and all actual, third -party expenses reasonably incurred by the City in <br />connection therewith, including, but not limited to, engineering, legal, <br />planning and litigation costs and expense. The enumeration of the <br />remedies hereunder shall be in addition to any other remedies available to <br />the City. <br />Aldi Site Performance Agreement page 8 of 13 <br />