Agenda - Council - 02/22/2005 - Laserfiche WebLink

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41. the phase I Lahdscapi'ng Plan within sixty (60) days of the City's substantial completion (eXclusive of the final lift) of the City Phase I Roadway ImprOvements, and'must complete the installation of the landscaping described in the Phase I Landscaping Plan on or before the date 180 days from the City's substantial completion (exclusive of the final lift) of:the City :Pha~e I ROadway Improvements. Notwithstanding the foregoing, if the City sub.4tantially completes the City Phase I Roadway Improvements between NoVember 1 of any year and May 1 of. the following year, the Der:eloper is not obligated to commence the installation of the:landscaging deScribed in the Phase I Landscaping Plan until the following May 1 and is not obligated to complete the installation of the landscaping described ia the Phase I Landscaping Plan until the following September i TheLetter of Credit the.Developer delivers to the City pursuant to SectiOn 12~4 is intended, in part, to secure the Developer's performance of '.its obligations under this Section 11.1. Upon the Developer's comPletiOn of the landscaping described in the Phase I Landscaping Plan,: the De~.eioPer must submit to the City a guaranty as required by the Zoning Ordinance. Section 11.2 of the Master Agreement is hereby amended to read as follows: 11.2 LANDSCAPING' ASSOCIATED WITH CITY PHASE II ROADWAY I~: Subject to Force Majeure, the' Developer must commence ihe 'inStallation of the landscaping described in the Phase II LandscaPing! Plan. :within sixty (60) days of the City's substantial completion (exe!usive of the fitial lift) of the City Phase II RoadwaY Improvements and must complete the installation of the landscaping described :in the phase II LandsCaping Plan on or before the date 180 days from. theCity's substantial completion (exclusive of the final lift) of the City l~ase II K~oadway Improvements. Notwithstanding the foregoing, if the City Substantially completes the City Phase II Roadway Improvements be~tween November 1 of any year and May 1 of the following year, the Devel0peri is not obligated to commence the installation of the landscapirlg described in the Phase II Landscaping Plan until the following May 1 and is not obligated to complete the installation of the landscaping :described in the Phase II Landscaping Plan until the following September 1, No~twithstanding the foregoing, to the extent that the City constructs: the City PhaSe ii Roadway Improvements in one or snore phases, the Developer,must install the landscaping described in the Phase II Landscaping Plan that relates to each phase of the' City Phase II Roadway Improvements within the time periods described in this Section 11.2. The Letter:Of Credit the Developer delivers to the City pursuant to Section 12.4 is intended, in Part, to secure the Developer's performance of its obligations undg this SeCtion t 1.2. Upon the Developer's completion of the landscaping described .in the Phase II Landscaping Plan or any portion thereof, the Developer 'must submit to the City a guaranty as required by the Zoning Ordiriance. 1710652v6