Agenda - Council - 06/24/2008 - Laserfiche WebLink

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12. MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. Said maintenance.^ guarantee shall consist of cash . or a letter of credit, approved as to form by the City, in the amount of ^ ^ ^>, [# plantings (7 trees, 34 shrubs) x cost/planting ($150/tree, $75/shrub) x 30% average non-survival rate], which shall be in effect for a two-year period commencing on the date of the City's acceptance of said plantings as part ofthe Required Improvements. At the end of the two-year period, the maintenance guarantee shall be returned to the Permittee. The determination that all plantings that have been planted in accordance with the Site Plan and Landscaping Plan have either survived or have been replaced shall be made by the City Engineer or Environmental Coordinator. In the event the Permittee fails to maintain the required plantings for a two-year period, the City Council may order the replacement of plantings with City day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement of the plantings and withdraw fromthe escrow account. The Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Site for the purpose of replacing plantings in the event of the Permittee's default. 13. INSPECTION FEES~ The Permittee shall be responsible for all inspection costs incurred by the City related to the installation of the Required Improvements. The Permittee shall make a cash deposit into the appropriate escrow account at the City and the City shall have the authority to draw upon these funds for the purpose of compensating for inspection services. The amount of the deposit shall be equal to fivep~rcen~(?~)9fthe .esti1!lated cost of the Required Improvements, which equates to ^ ^^ ^ ^ ^ ^. ^ . ^ . ^. .i. This is to cover the cost of inspecting the site grading and installation of improvements. Upon completion of the Required Improvements to' the satisfaction of the City, any surplus balance remaining in the City's escrow account shall be refunded to the Permittee. 14. CONSTRUCTION SITE MAINTENANCE. The Permittee shall adhere to all City ordinances relating to, but not limited to, dumping 'Of garbage, site development, construction debris, open burning, etc. Construction and delivery hours are restricted to 7:00 AM to 10:00 PM, Monday through Saturday. All stockpiles of building materials shall be kept 20 feet from the back of curb, or a silt fence around the materials must be installed. When adjacent to residential developments, the Permittee shall post a sign stating such at all entrances to the Site in commercial developments, such sign may range from 20 to 30 square feet in size, and be securely anchored in place. 15. OUTSIDE REGULATORY AGENCIES. The Permittee herein agrees to be responsible for obtaining all required permits or licenses from any other regulatory agencies. 16. AGREEMENT BINDING ON HEIRS, ETC. The Permittee agrees that this Development Permit shall be binding upon. its successors and assigns. Breach of any of the terms of this Development Permit by the Permittee shall be grounds for denial of building permits. -176-