#05 - 9450 Hudson Blvd. Development Agreement

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LA515-110-838683.v10 development. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by the Developer or the Developer’s contractor on behalf of the Developer at the time the City issues a building permit for each building within the development. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the City issues a building permit for each building with the development. 22. WETLAND MITIGATION. There have been no wetlands found on the Property, however, in the event that there are determined to be wetlands on the Property during the course of construction, the Developer shall complete wetland mitigation/restoration in accordance in accordance with any applicable Watershed or agency permits and any plans approved by the Watershed or the City. If the mitigation work is found to be incomplete or restoration is unsuccessful, the City draw down the Security at any time during the warranty period to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 23. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. The City will issue building permits for buildings within the entire Subdivision provided that the final plat has been recorded with Washington County. B. A phasing plan for the Subdivision has been approved by the City and is part of the Plans (the “Phasing Plan”). The City will issue a certificate of occupancy for the building that is to be constructed in Phase 1 of the Phasing Plan provided that all Subdivision Improvements that are within the Phasing Plan for Phase 1 have been installed by the Developer and have been accepted by the City. The City will not