Agenda - Council - 08/13/2013 - Laserfiche WebLink

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6. Building Facade. The PERMITTEE agrees to construct the building in accordance with the Site Plan prepared by Hakanson Anderson dated June 21, 2013 revised July 24, 2013 and architectural elevations prepared by Rosa Architectural Group Inc. dated June 24, 2013, revised July 24, 2013, and approved by the City Council on August 13, 2013 contingent upon compliance with the Staff Report dated July 12, 2013 and revised on August 7, 2013. 7. Required Improvements. The PERMITTEE shall construct and install the following site improvements on the Subject Property in accordance with the specifications and location as shown on the Site Plan. The Required Improvements are as follows: a. Site grading in accordance with the Grading, Drainage and Erosion Control Plan prepared by Hakanson Anderson and dated June 21, 2013, revised July 24, 2013. b. Continuous, B6/ 12 concrete curbing and gutter around the perimeter of all bituminous/concrete surfaces. c. Installation of Landscaping in accordance with the Landscape Plan prepared by Rosa Architectural Group Inc., dated June 24, 2013, revised July 24, 2013. d. Establishment of turf in areas disturbed during construction and in accordance with the Site Plan. e. Installation of storm sewer and appurtenances per City standards. f. Installation and removal of temporary erosion control measures. g. Temporary and permanent erosion control. ("Required Improvements)". The PERMITTEE agrees to construct the Required Improvements according to the terms and conditions of this agreement, in accordance with PERMITTEE's plans submitted to the CITY, and in compliance with the Staff Report dated July 12, 2013, revised August 7, 2013. S. Required Improvements Completion Date. The Required Improvements shall be completed on or before August 13, 2014. Required Improvements Financial Guarantee. In order to ensure the installation of the Required Improvements in accordance with CITY specifications and in a timely manner, the PERMITTEE shall be required to deposit with the CITY a cash escrow or an irrevocable letter of credit, approved as to form by the CITY, in the amount of Four Hundred Fifty Five Thousand Six Hundred Thirty Two Dollars and No Cents. ($455,632.00), which is 150% of the CITY's estimated cost of the Required Improvements. Prior to the issuance of the building permit, all financial guarantees must be provided as required herein. Upon completion of the construction of the Required Improvements and written acceptance by the CITY, the financial guarantee shall be returned to the PERMITTEE and the PERMITTEE shall be required to provide the landscaping maintenance guarantee described in Item #13 of this Development Permit. The determination of completion of the construction of the Required Improvements shall be made by City Staff. In the event the PERMITTEE fails to construct and install the Required Improvements as required herein, the City Council may order the completion of the Required Improvements with CITY day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the Required Improvements and withdraw from the escrow account. The PERMITTEE hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Subject Property for the purpose of completing the construction and installation of the Required Improvements in the event of the PERMITTEE's default. Diamond Team Properties LLC Development Permit Page 2 of 6