Agenda - Council - 07/23/2019 - Laserfiche WebLink

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rate], which shall be in effect for a two (2) year period commencing on the date of the CITY's acceptance of said plantings as part of the Required Improvements. At the end of the two (2) year period, the PERMITTEE shall contact the CITY to schedule a final inspection of the landscaping. The determination that all plantings that have been planted in accordance with the Plans have either survived or have been replaced shall be made by the Community Development Department. Upon approval of the final landscape inspection by the CITY, the maintenance guarantee shall be returned to the PERMITTEE. In the event the PERMITTEE fails to maintain the required plantings for a two (2) year period, the City Council may order the replacement of plantings with CITY day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement of the plantings 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 replacing plantings in the event of the PERMITTEE default. SECTION V GENERAL 14. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas disturbed by the development grading operation in accordance with the approved Plans. The PERMITTEE shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands within and adjacent to the Subject Property resulting from grading performed in the development of the land. 15. Construction Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. 16. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Required Improvements, unless specified as fixed amounts, are estimated. The PERMITTEE agrees to pay the entire cost of said improvements including interest, engineering and legal charges. 17. Site Plan Approval Expenses. The PERMITTEE agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Site Plan, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to issuance of the building permit. Any expenses incurred after the release of the building permit shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY' s expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. 18. Reimbursement to the City. The PERMITTEE agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 19. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect or void any of the other provisions of this Agreement. 20. Proof of Authority. When the PERMITTEE is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority may be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. ACE Solid Waste, Inc. Development Agreement Page 4 of 6