Agenda - Council - 10/14/2008 - Laserfiche WebLink

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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 completing the construction and installation of the Required Improvements in the event of the Permittee's default. 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 Seven Thousand Eight Hundred Thirty Dollars ($7,830), [# plantings (23 1) x cost/planting ($300/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 of the 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 and his/her designee. 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 plaxitings and withdraw from the 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 Imiprovements. 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 five percent (5%) of the estimated cost of the Required Improvements, which equates to Ten Thousand Two Hundred Fifty Dollars and No Cents ($10,250,00). This is to cover the cost of inspecting the site grading and installation of the Required 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. STORMWATER MANAGEMENT FEES. The current Stormwater Management Fee is $4,238 per commercial acre. Stormwater management fee obligations for the Development are Five -Thousand Three -Hundred Forty -Eight Dollars and No Cents ($5,348.00). A temporary stormwater pond ("Temporary Pond") is to be constructed on the Adjacent Parcel. A drainage and utility easement will need to be recorded on the Adjacent Parcel, The cost of construction of the Temporary Pond is the responsibility of the Permittee. Cost of construction of the Temporary Pond is not eligible for credit towards trunk charges for the Site or Adjacent Parcel. 15. TRAIL DEDICATION FEE. The current Trail Dedication fee is $1,090 per acre. Trail Dedication fee obligations for the Development are One -Thousand Three -Hundred Seventy - Six Dollars and No Cents ($1,376.00). —353—