Agenda - Council - 12/13/2016 - Laserfiche WebLink

Home

13. Stage II Improvements. The Stage Il Improvements which the CITY requires PERMITTEE to construct,which are not otherwise included in the Stage I Improvements, are as follows: a. Monument stakes for the Plat 14. Stage II Improvements to remaining Plat outlots. PERMITTEE agrees that Stage II Improvements shall be required on remaining Plat outlots at the time of development of said outlots. 15. Clean Up. PERMITTEE and the CITY each shall promptly clear from public streets and property any soil, earth, or debris resulting from the construction work on the Stage I Permittee Improvements or the Stage I City Improvements, as the case may be. 16. Payment for Stage II Improvements.. PERMITTEE shall be responsible for a financial. guarantee for the Stage II Improvements to ensure timely completion of the Stage Il Improvements. PERMITTEE agrees that the Certificate of Occupancy shall not be released until the Stage II Improvements are completed. PERMITTEE shall be responsible for a financial guarantee for any remaining Stage II Improvements that are not complete at the time a Certificate of Occupancy is requested by PERMITTEE in the amount of 125% of the City Engineer's estimated cost of the remaining State II Improvements. PERMITTEE shall deposit said amount as a letter of credit or cash escrow. 17. Street Cleaning. After the street surfacing is installed, the CITY and PERMITTEE each shall clear any soil, earth or debris from the streets and Stormwater facilities resulting from any construction within the Plat by such party. From time to time and upon not less than thirty,six (3 6) hours prior notice to PERMITTEE, the CITY may remove, at the expense of PERMITTEE, accumulations of soil, earth and debris from the streets and Stormwater facilities within the Plat resulting from construction of the Improvements, and PERMITTEE shall pay each invoice from the CITY to PERMITTEE for such costs within fifteen(15) days of receipt of the invoice. 18. Default. In the event of default by PERMITTEE as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and PERMITTEE shall promptly reimburse the CITY for any reasonable expense incurred by the CITY, provided PERMITTEE is first given written notice of the work in default, not less than 48 hours in advance. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Court Order for permission to enter the Property. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in partto the benefitted portion(s) of the Property. PERMITTEE authorizes reimbursement from any of PERMITTEE's escrows held by the CITY. ALPHA DEVELOPMENT/Legacy Christian Academy Development Contract Page 6 of 16