Agenda - Council - 09/09/2003 - Laserfiche WebLink

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13. 14. 15. 16. Hard Surfaced Driveways. Hard surfaced driveways (bituminous or concrete) are a requirement for each 1 ot i n t he P lat. S aid improvement s hall b e installed b y t he b uilding permit applicant or the homeowner at the time the Certificate of Occupancy is issued or as soon thereafter as possible, weather permitting. In the event this improvement is not timely installed on a lot, the DEVELOPER and/or the DEVELOPER'S assiD~(s), agrees that the CITY may install said improvement on the lot and specially assess the cost therefore against the lot. The DEVELOPER hereby waives all fight to a public hearing and other statutory rights or City Charter fights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation of the hard surfaced dhveway. In addition, the DEVELOPER grants the CITY a 1/cerise to enter on each lot of the Plat in order to install the improvement described in this paragraph if the same has not been previously constructed. Street Cleaning. After the street surfacing is installed, the DEVELOPER shall clear any soil, earth, or debris from the streets within the Plat resulting from any construction within the Plat by the DEVELOPER or its successors and assig-ns. From time to time, the CITY may .remove accumulations of soil, earth and debris from the streets resulting from the construction of the Plat. It shall be the DEVELOPER'S responsibility to p~y the costs associated with this necessary street cleaning. Invoices from the CITY to the DEVELOPER for such costs shall be paid within fifteen (15) days of the date of invoice. Private Streets and On-Street Parking. On-street parking shall be prohibited on private streets. All parking restrictions shall be si~cmed and said signing shall be subject to the approval o£ the CITY. At no time will the phvate streets be maintained or accepted for ownership by the CITY. These items shall be clearly stated m the covenants drafted as part of the homeowners association. The association documents shall include appropriate enforcement provisions. Private Street Cleaning. In the event the CITY determines that the phvate streets and driveway collectors are contributing to the increased sedimentation of the ponds that the CITY is required to maintain, the CITY shall provide the homeowner's association with thirty (30) days written notice to sweep the streets. If the association fails to comply within the thirty (30) day time frame, the CITY or its contractor will sweep the streets and the associated costs shall be the responsibility of the homeowner's association, cITy expenses incurred in sweeping the private streets and/or driveway collectors shall be paid within thirty (30) days of billing. Failure to compensate the CITY for the services shall be cause for a special assessment to be levied against the Plat and certified to the County Auditor for collection in the manner as taxes and special assessments are certified and collected. The DEVELOPER herein grants permission a nd a 1 icense t o t he CITY o r i ts contractors a nd assiDas to enter upon the Plat for the purpose of cleaning the private streets and/or driveway Town Center Gardens Subdivision Development Agreement Page 6 of 12 -19t-