Agenda - Council - 04/25/1995 - Laserfiche WebLink

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I 10. Boulevard~ and Area Restoration. The DEVELOPER shall be responsible for the cost of estal~Iishing seed or sod in all boulevards within thirty (30) days of the completion of the stre6t improvements, and restore all other areas disturbed by the development grading opeiation in accordance with the approved erosion and sediment control plan. The DEVELOPER shall also be responsible for the cost of cleaning any soil, earth or debris from the w~, lands within and adjacent to this Plat resulting from grading performed in the developme~{l of the land. Eillailg. ii~i In the event that the CITY, for whatever reason, is unable to sell the bonds as anticipat .,e~t herein, the constmcrion of the improvements shall immediately cease until the CITY app.:rOves an alternate method by which to insure payment to the contractor for constmcfio~i of the Stage I Improvements. Developer iReimbursement of All City Exnenses. The DEVELOPER agrees to fully reimbdrse the CITY for all costs incurred by the CITY including, but not limited to, the actual ~cost of construction of said Stage I Improvements, engineering fees, administrative fees, legal fees, inspection fees, interest fees, costs of acquisition of ; necessary e~tsements, if any, and any other cost incurred by the CITY relating to this DevelopmeOt Agreement and the installation of the aforementioned improvements. In addition, th~ DEVELOPER agrees as follows: (a) The DlgVELOPER agrees to reimburse the CITY for all costs described above pertainigg to improvements by special assessments to be levied against the Subject Propert~ payable over five (5) years. However, special assessments against each lot in the Subject Property must be paid in full upon occurrence of any of the following with respect ~o, each such individual lot: Prior to u:ansfer of rifle, prior to issuance of an occuparr~'cy permit, or upon filing of any liens whichever occurs f'u'st. No Certificates of OccUpancy will be issued without prior payment of all outstanding special [ assessments against any such lot. (b) The DEVELOPER agrees to notify the CITY of all sales of lots within the Plat. (c) The DEyELOPER and the CITY agree that the costs described above pertaining to the improvements shall be assessed against the benefitted property on a five (5) year term foe residential lots pursuant to City Code and that the financial guarantee, describ .~fi in paragraph 11 below, will be in force and effect until all such special assessments are paid and all other obligations of DEVELOPER under this Agreement .i