Agenda - Council - 08/11/2015 - Laserfiche WebLink

Home

actual elevation is in compliance with the approved grading and drainage plan. The lowest floor elevation shall be at least 2 feet above the 100 year elevation. No occupancy permit for any lot in the Subject Property shall be issued until: (a) vehicular access to the Subject Property is provided including the installation of at least one layer of bituminous surfacing; (b) all utilities are in place, operational and accepted by the City; (c) if slope of less than 2%, a certificate of grading, prepared by a licensed (State of Minnesota), professional land surveyor, must be provided to the City documenting that the flattest grade on this lot is 1% or greater. SECTION III LANDSCAPING 13. Maintenance Guarantee for Landscaping. It is herein agreed that the Permittee shall provide a maintenance guarantee to ensure the survival of the plantings for the Subject Property, in accordance with the Landscape Plan prepared by Miller Hanson Partners and Loucks Associates dated April 27, 2015, revised June 19, 2015 (the "Landscape Plan"). Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form by the City, in the amount of Six Thousand Six Hundred and Sixty Dollars and No Cents ($6,660.00) [# 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-year period commencing on the date of the City's acceptance of said plantings 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 that have been planted in accordance with the Landscape Plan have either survived or have been replaced shall be made by the Community Development Department of the City. In the event the Permittee fails to maintain the required plantings for a two-year period, the City Council may order the replacement of plantings with City day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement of the plantings 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 replacing plantings in the event of the Permittee default under this Section 13 and its failure to cure such default within 30 days after its receipt of written notice thereof. SECTION IV GENERAL 14. Boulevard 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 included within the Approved Plans. The Permittee shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands within and adjacent to the Subject Property resulting from grading or other construction performed in the development of the Subject Property. 15. 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. 16. Estimated Cost. It is understood and agreed that cost amounts set forth in this Development 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 reasonable legal charges. Sunwood Village Development Agreement Page 4of10