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

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11. License. PERMITTEE hereby grants to the CITY, its agents, employees, officers and contractors, a license to enter the Property from time to time in order to perform all work and/or inspections deemed appropriate by the CITY during installation of the Improvements. This license shall expire after the Improvements installed pursuant to this Contract have been installed and accepted by the CITY. 12. Stage II Improvements. The Stage II Improvements which the CITY requires PERMITTEE to construct, which are not otherwise included in the Stage I Improvements, are as follows: a. Monument stakes for the Plat PERMITTEE agrees to construct the Stage II Improvements according to the terms and conditions of this Contract and in accordance with the Permittee Plans, which are subject to revisions per City Staff Review Letter dated June 29., 2011, revised August 9, 2011 and which shall be submitted to the City Engineer review and approval prior to execution by PERMITTEE of any such contract and prior to commencement of construction of the Stage I Improvements. LORD OF LIFE agrees to complete the Stage II Improvements in the event of PERMITTEE default. 13. Payment for Stage II Improvements. PERMITTEE shall be responsible for a financial guarantee for the Stage II Improvements to ensure timely completion of the Stage II Improvements. PERMITTEE shall be responsible for a financial guarantee for Stage II Improvements in the amount of 125% of the City Engineer's estimated cost of the State II Improvements. PERMITTEE shall deposit said amount as a letter of credit or cash escrow. 14. Clean Up. PERMITTEE shall promptly clear from public streets and property any soil, earth, or debris resulting from the construction work on the Stage I Improvements. 15. Street Cleaning. PERMITTEE shall clear any soil, earth or debris from the streets and Stormwater facilities resulting from any construction within the Plat. From time to time and upon not less than thirty six (36) hours prior notice to PERMITTEE, the CITY may remove, at the expense of PERMITTEE, accumulations of soil, earth and debris from the streets and Stormwater facilities within the Plat resulting from construction of the Improvements, and PERMITTEE shall pay each invoice from the CITY to PERMITTEE for such costs within fifteen (15) days of receipt of the invoice. 16. Default. In the event of default by PERMITTEE as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and PERMITTEE shall promptly reimburse the CITY for any reasonable expense incurred by the CITY, provided PERMITTEE is first given written notice of the work in default, not less than 48 hours in advance. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Court Order for permission to enter the Property. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part to the benefitted portion(s) of the Property. PERMITTEE authorizes reimbursement from any of PERMITTEE 's escrows held by the CITY. STONEY RIVER Development Agreement Page 4 of 12