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Agenda - Council - 09/22/2015
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Agenda - Council - 09/22/2015
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/22/2015
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6. Required Improvement Financial Guarantee. The PERMITTEE shall provide a <br />financial guarantee to the CITY guaranteeing the construction of the Required <br />Improvements and their timely completion. The financial guarantee must be in the <br />form of a Letter of Credit in a form acceptable to the CITY'S Finance Director or <br />cash escrow. The PERMITTEE shall be responsible for a financial guarantee in <br />the amount of Six Hundred Eight Thousand Six Hundred Seventy Four Dollars and <br />No Cents ($608,674.00), which amount is 125% of the CITY Engineer's estimated <br />cost of the Required Improvements ($486,940 x 1.25). Upon completion of <br />Required Improvements (including the removal of "temporary" erosion control <br />measures as identified in the approved Grading Plan), acceptance by the CITY, <br />supported by appropriate lien waivers, the PERMITTEE may request a reduction <br />in the amount of the financial guarantee. The accepted engineer' s estimate is <br />attached as Exhibit C hereto. Partial releases of the Letter of Credit are not <br />permitted without approval of the City Council. <br />7. Inspection Fees for the Required Improvements. The PERMITTEE shall provide <br />an inspection fee to the CITY to inspect the Required Improvements. The <br />PERMITTEE shall be responsible for an inspection fee in the amount of Twenty <br />Four Thousand Three Hundred Forty Seven Dollars and No Cents ($24,347.00), <br />which amount is 5% of the City Engineer's estimated cost of the Required <br />Improvements ($486,940 x .05). The inspection fee must be in the form of a cash <br />escrow. The PERMITTEE may request a refund of the remaining balance in the <br />escrow upon completion of the Required Improvements, acceptance by the CITY, <br />and supported by appropriate lien waivers. The accepted engineer's estimate is <br />attached as Exhibit C hereto. <br />8. Installation of the Required Improvements. The PERMITTEE shall obtain all <br />necessary permits from all governmental agencies before commencing construction <br />of the Required Improvements. The PERMITEE must provide the CITY with <br />copies of all necessary permits from other governmental agencies prior to or when <br />the PERMITTEE applies for a building permit to construct improvements on a lot <br />within the Plat. Within thirty (30) days after the completion of the Required <br />Improvements, the PERMITTEE shall provide the CITY with a complete set of <br />reproducible "As Built" plans for the Required Improvements. <br />9. Time of Performance for the Required Improvements. The PERMITTEE must <br />complete the Required Improvements within one (1) year after the recording of the <br />Plat. The Final Plat must be recorded within two (2) years of approval by the City <br />Council. <br />10. Required Improvements License. The PERMITTEE hereby grants the CITY and <br />the CITY'S agents, employees, officers, and contractors an irrevocable license to <br />enter the Subject Property to perform all necessary work and/or inspections the <br />CITY deems appropriate during the PERMITTEE' S installation of the Required <br />Improvements. The license shall expire after the CITY accepts ownership of <br />Required Improvements. <br />
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