Agenda - Council - 05/14/2019 - Laserfiche WebLink

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c. Proof of Authority. That the PERMITTEE provide proof that the respective governing boards of the PERMITTEE have authorized the PERMITTEE'S execution of this Agreement. This proof of authority may be satisfied by providing the CITY with a certified copy of the minutes of the governing board of each entity which grants such authority. 3. The Plans. The term "Plans" as used in this Agreement means the Final Site Plans prepared by E.G. Rud & Sons, Inc., dated August 1, 2018. The Plans remain subject to: (a) CITY Staff's review and approval of the Plans to, among other things, confirm that the revisions requested in the CITY Staff's review letter have been made; and (b) such further revisions as the PERMITTEE may propose and the CITY approves. The Plans shall not be attached to this Agreement, but are in the CITY'S files. 4. Conveyance of Land. The PERMITTEE agrees to convey the land shown in Exhibit C to the CITY under conservation and trail easement, to be recorded through a separate document. All surveying of the Land will be completed and paid for by the CITY, with agreement from the PERMITTEE for the CITY and its contractors to enter the property for such purpose. 5. Quarterly Fees. The PERMITTEE is subject to the CITY'S Quarterly Stormwater Maintenance Fee. The current fee is approximately $11,738, and the PERMITTEE agrees to provide the CITY any data on stormwater reduction onsite for CITY staff to calculate fee reduction based on stormwater reuse data. The CITY will work with the PERMITTEE to determine an appropriate phase -in plan for the fee. 6. Payment of Development Fees. The PERMITTEE must pay to the CITY the fees described on Exhibit B which may include, but are not limited to, Park Land Dedication Fees, Trail Development Fees, Sanitary Sewer Connection (Trunk) Fees, Water Connection (Trunk) Fees, Sanitary Sewer Lateral Fees, Water Lateral Fees, Storm Management Fees, Street Light as well as Street Light Operation and Maintenance Fees. 7. Permitting. The PERMITTEE must apply for a Zoning Permit from the CITY before erecting any new structure. No permit shall be issued until the PERMITTEE has: (a) paid the fees described in Section 6 to the CITY, and (b) obtained all necessary permits from the Lower Rum River Watershed Management Organization and has provided a copy of such permit to the CITY. 8. PERMITTEE Defaults. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Contract, i) the CITY gives the PERMITTEE thirty (30) days written notice of the default and ii) the PERMITTEE fails to cure the default within said thirty (30), then the CITY may pursue any and all remedies available at law or in equity including, but not limited to, the following: a. The CITY may, at its option, perform or engage one or more third parties to perform the PERMITTEE'S obligations. If, in the reasonable judgment of the CITY'S staff, the PERMITTEE'S default creates an immediate risk to public health or safety, the CITY may perform or engage one or more third parties to perform the work before the CITY provides the notice described in the initial paragraph of this Section, but the CITY must use commercially reasonable efforts to notify the PERMITTEE as promptly as possible that the CITY is undertaking to perform the PERMITTEE'S obligation or obligations. If the CITY performs 2