Agenda - Council - 11/12/2013 - Laserfiche WebLink

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16. Cross Easements for Access and Parking. The Secondary Developer shall be responsible for executing and recording a cross -easement for access purposes between the occupants of all buildings located on Lots 1 and 2, Block 1, Ramsey Town Center 3rd Addition. Said easement shall be subject to review and approval of the City Attorney. 17. Construction Entrance Signs. The City restricts construction and delivery hours to Monday through Saturday, 7:00 a.m. to 10:00 p.m. The Secondary Developer is required to provide a sign at each entrance point stating delivery and construction operation hours. In this case, a sign must be posted at the intersections of Armstrong Blvd. N.W. and Sunwood Drive N.W. and Ramsey Blvd. N.W. and Sunwood Drive N.W. Said signs are not to exceed eighty (80) square feet in size and must be clearly visible at all times during the construction period. 18. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Development Contract, the Stage I Improvements —Plat, lying within public easements and/or public right-of-way, shall become City property without further notice or action. Ownership of the Required Improvements —Site Plan shall remain with the Secondary Developer and its sucessors and assigns. 19. Landscaping. a. Landscaping Maintenance Financial Guarantee. In addition to the financial guarantees and other maintenance guarantees required above, the Secondary Developer shall provide a separate landscaping maintenance guarantee to the City to ensure the survival of the plantings within the Plat being provided as part of the Required Improvements —Site Plan (not for the streetscape) for the Subject Property. The landscaping maintenance guarantee required by this paragraph shall be in the form of cash or a letter of credit, approved as to form by the City. The landscaping maintenance guarantee shall be deposited with the City upon acceptance by the City of the installed plantings and release of all of the financial guarantees by the City for the installed plantings. The landscaping maintenance guarantee shall be Nine Thousand Four Hundred Thirty -Five and no/100 Dollars ($9,435.00). The landscaping maintenance guarantee shall be held by the City for a two (2) year period from the date of their deposit. At the end of the two-year period, the landscaping maintenance guarantee shall be returned to the Secondary Developer if the plantings set forth in the Final Plan have either survived or have been replaced. The determination that all plantings that have been planted in accordance with the Final Plan have either survived or have been replaced shall be made by the Community Development Department of the City. In the event the Secondary Developer fails to maintain the required plantings during the two- year period, the City Council may order the replacement of dead plantings with City day labor and/or by letting contracts and draw upon the landscape maintenance guarantee for payment. Only the City Council shall have the authority to direct replacement of the dead plantings and withdraw funds from the landscape maintenance guarantee. The Secondary Developer 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 replacing plantings in the event of the Secondary Developer's default. Ramsey Town Center 3rd Addition Development Contract Page 9 of 17 Pages