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Agenda - Council - 01/23/1996
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Agenda - Council - 01/23/1996
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
01/23/1996
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5 <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />ACCESSORY STRUCTURE. The City herein agrees that the cold storage warehouse <br />structure may be constructed at square footage area that exceeds 30% of the area of the <br />principal building on the Site. <br /> <br />REQUIREMENTS FOR BUILDING PERMIT AND CERTIFICATE OF <br />OCCUPANCY. No building permit for the Site will be issued until the permittee has: a) <br />signed and returned t_~is Development Permit; b) provided the required financial guarantee <br />in accordance with Paragraph 11 of this Permit. No Certifi~ of Occ~ for the <br />structure will be issued until: a) the Required Improvements are atx:epted by the City and; <br />b) tile landscaping maintenance guarantee has been provided in ~ with Item #I2 <br />of this Development Permit. <br /> <br />IMPROVEMENT CONSTRUCTION SCHEDULE. The Required Improvements <br />shall be completed before March 1, 1997. <br /> <br />ESCROW FOR REQUIRED IMPROVEMENTS. In order to insure' the installation <br />of the Required Improvements in ac. eordance with City specifications and in a timely <br />manner, the Permittee shall be required to deposit with the City a cash escrow or letter of <br />credit, approved as to form by the City, in the amount of Sixty One Thousand Five <br />Hundred Dollars and no cents ($61,500.00), which is 150% of the City's esfimat~e~d cost of <br />the Improvements. Prior to the issuance of the building permit, all financial guarantees <br />must be provided as required herein. <br /> <br />Upon completion of the construction of the Required Improvements, the financial guarantee <br />shall be xextmaed to the Permittee and the Permittee sha~l be required to provide the <br />landscaping maintenance guaran~ described in Item #12 of this Development Permit. 'Ihe <br />determination of completion of the construction of the Required Improvements shall be <br />made by the City Engineer. In the event the Pennit~e fails to construct and install the <br />Required lmproven~nts as required herein, the City Council may order the completion of <br />the Required I .mFrovements with City day labor and/or by letting cxmtracts for said <br />completion and draw upon the escrow for payment. Only the City Council shall have the <br />authority to direct completion of the Reqtfirexi Improvements and withdraw from the <br />escrow ac~unt. The Permittee h~'~by grants permission and a license to tl~ City and/or its <br />conlractom and assigns to enter upon th~ Sim for th~ purpose of .completing the <br />o6ns~on and installation of th~ Required Irr?rovements in tl~ event of tl~ Pcrmittee's <br />d~fault. <br /> <br />MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that <br />the Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. <br />Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form <br />by the City, in the amount of Dollars ($ ) (# of replacement and new <br />plantings x $100/tree x 30% average non-survival rate), which shall be in effect for a two <br />year period commencing on the date of the City's acceptance of said plantings as part of the <br />Required Improvements. <br /> <br />At the e-nd of the two year period, the maintenance guarantee shall be retm'ned to the <br />Permittee. The determination that all plantings that have been planted in accordance with <br />the Site Plan have either survived or have been replaced shall be rnat~e by .the City <br />Engineer. In the event the Permittee fails to maintain the required plantings for a two year <br />period, the City Council rrmy order the replacement of plantings with City day labor and/or <br />by letting contracts and draw upon the escrow for payment. Only the City Council shall <br />have the authority to direct replacement of the plantings and withdraw from the escrow <br />account. Thc Permiv. e~ hereby grants permission and a license to the City and/or its <br />contractors and assigns to enter upon the Site for the purpose of replacing plantings in the <br />event of the Pcrmittee's default. <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />! <br /> <br />I <br />I <br />I <br /> <br /> <br />
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