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Agenda - Council - 04/09/2002
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Agenda - Council - 04/09/2002
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
04/09/2002
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Stage I Improvement Financial Guarantee. The DEVELOPER shall provide a <br />financial guarantee to the CITY guaranteeing the construction of the Stage I <br />Improvements and their timely completion. The f'mancial guarantee shall be in the <br />amount of Two Hundred Fifty Eight Thousand and One Hundred Dollars ($258,100.00), <br />which amount is 125% of the City Engineer's estimated cost of the Stage I Improvements. <br />The financial guarantee required by this paragraph shall be in the form of cash or a letter <br />of credit, approved as to form by the CITY. The financial guarantee shall be deposited <br />with the CITY at the time of execution of this agreement. Upon total completion of <br />Stage I Improvements (including the removal of "temporary" erosion control measures <br />as identified in the approved Grading Plan), acceptance by the CITY, supported by <br />appropriate lien waivers, the DEVELOPER may request a reduction in the amount of the <br />financial guarantee, but only if the maintenance guarantee required by Paragraph 8 below <br />has been deposited. <br /> <br />Inspection Fees. The DEVELOPER shall be responsible for all inspection costs <br />incurred by the City related to the installation of Stage I Improvements. -The <br />DEVELOPER shall make a cash deposit into the appropriate escrow account at the City <br />and the City shall have the authority to draw upon these funds for the purpose of <br />compensating for inspection services. The amount of the deposit shall be equal to five <br />percent (5%) of the estimated cost of the Stage I Improvements or Eleven Thousand Four <br />Hundred Dollars and no cents ($11,400.00) (5% x $228,000.00). Upon completion of the <br />Improvements to the satisfaction of the City, any surplus balance remaining in the City's <br />escrow account shall be refunded to the DEVELOPER. <br /> <br />Stage I Improvement Maintenance Financial Guarantee. In addition to the financial <br />guarantee required by Paragraph 6 above, the DEVELOPER shall also post a Stage I <br />Improvement maintenance guarantee with the CITY. Said maintenance guarantee shall <br />be deposited with the CITY at the time Stage I Improvements are accepted by the CITY <br />and prior to release by the CITY of the fmancial guarantee required by Paragraph 6 <br />above. The amount of the maintenance guarantee shall be Ten Thousand Dollars and no <br />cents ($10,000.00) or five percent (5%) of the cost of the Stage I Improvements (5% x <br />$228,000.00 = $11,400.00), whichever is greater. Said maintenance guarantee shall, be <br />held by the CITY for a one (1) year period from the date of its deposit. This f'mancial <br />guarantee is for the purpose of ensuring that the Stage I Improvements have been <br />constructed in accordance with City standards and may be called upon at the CITY'S <br />discretion during said one (1) year period if the CITY determines it necessary to repair <br />and/or replace any of the Stage I improvements. Said financial guarantee shall be in the <br />form of a letter of credit, approved as to form by the CITY. The maintenance guarantee <br />shall be in the amount of Eleven Thousand Four Hundred Dollars and no cents <br />($11,400.00) <br /> <br />Payment of Sewer and Water Trunk Charges. The DEVELOPER shall pay their <br />sewer and water trunk charges of $1,814,00 per residential unit or a total of One Hundred <br />Fifty Two Thousand Three Hundred Seventy Six Dollars and no cents ($152,376.00) (84 <br />x $1,814.00). <br /> <br />-179- <br /> <br /> <br />
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