Agenda - Council - 12/09/2008 - 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 One Thousand Three Hundred Ninety Five Dollars and no cents ($1,395.00)[# plantings (5 trees, 42 shrubs) xcost/planting ($300/tree, $75/shrub) x 30% average rion-survival. rate], which shall be in effect for atwo-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 and are. in good health shall be made by the City Engineer or Environmental Coordinator. In the - event the Permittee fails to maintain the required plantings for atwo-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 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 Improvements. This is to cover .the cost of inspecting the site grading and installation of improvements. Since there are iio public improvements associated with this site plan, no fee will be collected in association with Item #13. 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 I'M, 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. -195-