Agenda - Council - 05/12/2015 - Laserfiche WebLink

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LANDSCAPING Maintenance Guarantee for LandscapingPermittee 13. . It is herein agreed that the shall provide a Subject Property maintenance guarantee to ensure the survival of the plantings for the , in accordance with the Landscape Plan prepared by Miller Hanson Partners and Loucks Associates dated April 27, Said maintenance guarantee shall consist of cash or a letter 2015, revised ________________. City of credit, approved as to form by the , in the amount of Six Thousand Six Hundred and ($6,660.00) Sixty Dollars and No Cents \[# plantings (45 trees, 206 shrubs) x cost/planting ($150/tree, $75/shrub) x 30% average non-survival rate\], which shall be in effect for a two- City's year period commencing on the date of the acceptance of said plantings as part of the Required Improvements. Permittee At the end of the two-year period, the maintenance guarantee shall be returned to the . The Site Plan determination that all plantings that have been planted in accordance with the have either survived or have been replaced shall be made by the Community Development Department of the CityPermittee . In the event the fails to maintain the required plantings for a two-year period, the City City Council may order the replacement of plantings with day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct Permittee replacement of the plantings and withdraw from the escrow account. The hereby grants CitySubject permission and a license to the and/or its contractors and assigns to enter upon the PropertyPermittee for the purpose of replacing plantings in the event of the default. SECTION IV GENERAL Boulevard and Area RestorationPermittee 14. . The shall be responsible for restoring all areas disturbed by the development grading operation in accordance with the approved erosion and sediment Permittee control plan. The shall also be responsible for the cost of cleaning any soil, earth or debris Site Plan from the wetlands within and adjacent to this resulting from grading or other construction performed in the development of the land. Construction Site MaintenancePermittee City 15. . The shall adhere to all ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. Estimated CostDevelopment 16. . 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. Site Plan Approval ExpensesPermittee CityCity 17.. The agrees that it will pay to the all expenses Site Plan incurred in the approval of the , including, but not limited to administration expenses, City engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the and outstanding billings shall be paid prior to issuance of the building permit. Any expenses incurred after the release of the building permit shall also be paid within said fifteen (15) day billing period. CCity Failure to pay the expenses within the fifteen (15) day billing period will permit the to draw upon any of the escrows required by this contract for payment. Sunwood Village Development Agreement Page 4 of 8