4D - Final Plat of Keen Addition (continued), Berens

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G. Power line burial. H. Resurfacing of disturbed areas of County State Aid Highway Number 17. I. Location of mailboxes. The improvement standards established by the City and to be followed by the Developer are as follows: 1. Standards identified within the final plans and specifications attached hereto. V. Public Services. None VI. Easements. The following easements shall be acquired/reserved as part of this Agreement. A. The Developer shall convey a utility easement to the City as identified on the plat. VII. Utilities. The Developer agrees that all utilities installed in the Subdivision shall be underground specifically including all the electrical, telephone, cable, television and gas services. The Developer hereby represents that these services will be available for use prior to occupancy of any dwelling in the Subdivision. VIII. Occupancy. No occupancy of any building in the Development shall occur until utilities and a bituminous driving surface area are available for use. IX. Permits. Upon execution of this Agreement, Developer and other necessary parties shall promptly apply for all permits, approvals, licenses, or other documents from any and all necessary governmental agencies (which may include the City, County, PCA, MPCA, and DNR) so as to enable Developer to construct the Developer Improvements as herein contemplated. Developer shall use its best efforts to obtain the same as soon as reasonably possible. No grading or building permit shall be issued by City unless the plans or application are in conformity with the city comprehensive plan, this Agreement, and all local, state, and federal regulations. The City shall, within fifteen(15) days of receipt of plans or building permit applications, review such submittal to determine whether the foregoing requirements have been met. If the city discerns said plans or applications are deficient, it shall notify the Developer in writing stating the deficiencies and the steps necessary for correction. Issuance of a grading or building permit by City shall be a conclusive determination that the plans or applications have been approved as to the requested activity by Developer and satisfies the provisions of this section. The City may issue zoning/building permits prior to City acceptance of the Developer Improvements provided that the party applying for the zoning/building permit agrees to withhold requests for occupancy until necessary Municipal and Developer Improvements have been installed, which include operational and tested sewer and water systems, installation of erosion control measures, and roadway development sufficiently completed to support access by 5