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8 Section 4.4. Storm Water Infrastructure. The Developer shall construct and dedicate all storm water infrastructure as set forth in the approved Construction Plansrequired by the City. The Developer shall be responsible for storm sewer cleaning and maintenance as reasonably required by the City, until a certificate of completion as set forth in Section 3.4 has been issued prior to completion of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this Agreement and City Codes. Performance shall be guaranteed by the Performance Guarantee set forth under this Agreement. Section 4.5. Approvals and Permits. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading and prior to the construction of the Required Improvements. Section 4.6. Utilities. The Developer shall arrange for all gas, telephone, cable television (if available) and electric utilities to be installed to serve the development. Section 4.7. Private Easement. Developer shall prepare and record a private access agreement allowing 3700 Hwy 61 access to Hwy 61 as required by City of Gem Lake resolution no. 2024-0019 approving a minor subdivision. The City retains the right to approve the terms and conditions of the private access agreement prior to its execution and recording. Section 4.8. City Engineer. The City shall provide a licensed professional engineer, or their duly authorized representative to oversee, at the Developer’s expense, the Required Improvements (which shall not include the building to be constructed on Parcel A) identified in this Agreement until such Required Improvements are completed and accepted by the City. The City shall conduct an inspection within forty-eight (48) hours of notice or request by the Developer. The forty- eight (48) hour notice shall exclude weekends and holidays. Section 4.9. Fence Plan. Developer may construct the proposed fence, shown on the site plan included in the Construction Plans, with said fencing meeting the requirements of Section 16.13 of the City Zoning Ordinance. Section 4.10 Estimated Cost. A description of the Public Infrastructure Improvements is set forth and described on Attachment B, attached hereto. The estimated cost of the Public Infrastructure Improvements is as set forth on Attachment B, attached hereto. Section 4.10. Finance. (a) As financial security, Developer shall furnish the City with a Letter of Credit or other security in a City approved format in an amount equal to One Hundred Twenty-Five Percent (125%) of the cost of the Public Infrastructure Improvements contract amount, as set forth on Attachment B, attached hereto. The Developer’s financial security shall be used to guarantee Developer’s completion of all of the Public Infrastructure Improvements. If Developer fails to complete the Public Infrastructure Improvements in accordance with the Construction Plans and the terms of this Agreement, said surety shall be immediately available for City’s use to complete part or all of the Public