Agenda - Council - 08/23/2011 - Laserfiche WebLink

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provided (e) all improvements included in the Permittee Plans, including amendment required of the City Staff Review Letter dated June 29, 2011, revised August 3, 2011 are completed, or financial guarantee in the amount of 125% the City Engineer's estimate of the cost of said improvements is secured in the form of cash escrow or letter of credit. SECTION IV LANDSCAPING 12. Maintenance Guarantee for Landscaping. It is herein agreed that the Permittee shall provide a maintenance guarantee to ensure the survival of the ting r the Subject Property, in accordance with the Landscape Plan prepared by dated . Said maintenance guarantee shall consist of cash or a letter of credit, proved as to form by the City, in the amount of -6'4 Dolla d No Cents ($ .00) [# plantings ( trees, shrubs) x cost/p anting ($150/tree, $75/shrub) x 30% average non -survivals rate], which shall be in effect for a two-year period commencing on the date of the City's acceptance o said planting 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 drat have been planted in accordance with the Site Plan have either survived or have been replaced shall be made bye Community Development Department. In the event the Permitte ils aintain therequired plantings for a two-year period, the City Cou order the re ment of plantings with City day labor and/or by letting contracts and dra the escro or payment. Only the City Council shall have the authority to dy ct replace t of the plantings and withdraw from the escrow account. The Permittee h rebgrants permission and a license td the City and/or its contractors and assigns to enter upon the Site for the purplacin plantings in the event of the Permittee default. ECTION V GENERAL 13. Boul and and Area Restoration. The Permittee shall be responsible for restoring all areas disturbed by the development grading operation in accordance with the approved erosion and sediment control plan. e Permittee shall also be responsible for the cost of cleaning any soil, earth or debris from e wetlands within and adjacent to this Site Plan resulting from grading or other construction performed in the development of the land. 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. 15. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Required Improvements, unless specified as fixed amounts, are estimated. The Permittee agrees to pay the entire cost of said improvements including interest, engineering and legal charges. Stoney River Development Permit Page 4 of 6