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

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5. Fire Lanes. Fire lanes shall be maintained on the Subject Property. The exact locations of these items on the Subject Property shall be as directed by the Fire Chief. 6. Building Facade. The PERMITTEE agrees to construct the building in accordance with the approved Plans. 7. Required Improvements. The PERMITTEE shall construct and install the following site improvements on the Subject Property in accordance with the specifications and location as shown on the Plans. The Required Improvements are as follows: a. Site grading in accordance with the Plans. b. Continuous, B6/12 concrete curbing and gutter around the perimeter of all bituminous/concrete surfaces. c. Storm drainage facilities in accordance with the Plans. d. Installation of Landscaping in accordance with the Plans. e. Establishment of turf in areas disturbed during construction and in accordance with the Plans. f. Boulevard sodding. g. Sanitary sewer connection. h. Temporary and permanent erosion control. ("Required Improvements)". The PERMITTEE agrees to construct the Required Improvements according to the terms and conditions of this agreement, in accordance with PERMITTEE's Plans submitted to the CITY. 8. Required Improvements Completion Date. The Required Improvements shall be completed on or before May 14, 2020. 9. Required Improvements Financial Guarantee. In order to ensure the installation of the Required Improvements in accordance with CITY specifications and in a timely manner, the PERMITTEE shall be required to deposit with the CITY a cash escrow or letter of credit, approved as to form by the CITY, in the amount of Three Hundred Fifty Six Thousand Six Hundred Seventy Dollars and No Cents. ($356,670.00), which is 125% of the CITY's estimated cost of the Required Improvements. Prior to the issuance of the building permit, all financial guarantees must be provided as required herein. Upon completion of the construction of the Required Improvements, the financial guarantee shall be returned to the PERMITTEE and the PERMITTEE shall be required to provide the landscaping maintenance guarantee described in Item #13 of this Development Permit. The determination of completion of the construction of the Required Improvements shall be made by the CITY. In the event the PERMITTEE fails to construct and install the Required Improvements as required herein, the City Council may order the completion of the Required Improvements with CITY day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the Required Improvements 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 completing the construction and installation of the Required Improvements in the event of the PERMITTEE's default. 10. Inspection Fees. The PERMITTEE shall be responsible for all inspection costs incurred by the CITY related to the installation of Required Improvements. The PERMITTEE shall make a cash deposit into the appropriate escrow account at the CITY and the CITY shall have the authority to draw upon these funds for the purpose of compensating for inspection services. The amount of the deposit shall ACE Solid Waste, Inc. Development Agreement Page 2 of 6