Agenda - Council - 09/24/2019 - Laserfiche WebLink

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2. The Plans. The term "Plans" as used in this Agreement means the plans dated June 6, 2019, revised on August 5, 2019, and August 29, 2019, prepared by Anderson Engineering, LLC The Plans remain subject to: (a) CITY Staff's review and approval of revisions in conformance with staff comments and (b) such further revisions as the DEVELOPER may propose and the CITY approves. The Plans shall not be attached to this Agreement, but are in the CITY'S files. 3. Utilities. The DEVELOPER acknowledges that any structure constructed on the Subject Property shall be serviced with public utilities with all applicable standards in City Code. 4. Site Improvements. The site improvements the PERMITTEE will construct or install are identified on Exhibit A attached hereto and made a part hereof (the "Site Improvements"). The PERMITTEE agrees to construct the Site Improvements according to the terms and conditions of this Agreement and in accordance with the Plans and the City Code. Per City Code Section 117-615, the PERMITTEE shall provide the CITY with a set of re- producible as -built plans in Computer Aided Drafting (CAD) format upon completion of the Site Improvements and acceptance by the CITY. As as -built plans are required for the Site Improvement item per City Code Section 117-615, the CITY will not release in its entirety the required Site Improvement Financial Guarantee noted in Section 11 below until such as -built plans are received by the CITY. Additionally, the PERMITTEE agrees to provide to the CITY the plans in CAD format prior to the commencement of construction of the Site Improvements. 5. Lot Corner Staking. The PERMITTEE must install lot corner stakes at all lot corners. 6. Installation of the Site Improvements. The PERMITTEE shall obtain all necessary permits from all governmental agencies before commencing construction of the Site Improvements. The PERMITEE must provide the CITY with copies of all necessary permits from other governmental agencies prior to or when the PERMITTEE applies for a building permit to construct improvements on a lot within the Plat. Within thirty (30) days after the completion of the Site Improvements, the PERMITTEE shall provide the CITY with a complete set of reproducible "As Built" plans for the Site Improvements. 7. Time of Performance for the Site Improvements. The PERMITTEE must complete the Site Improvements within one (1) year after the recording of the Plat. 8. Ownership of the Site Improvements. The PERMITTEE owns the Site Improvements until the CITY'S acceptance of those Site Improvements identified on Exhibit A hereto as public (the "Public Site Improvements"). Title to the Public Site Improvements automatically passes to the CITY upon the CITY'S written acceptance of the Site Improvements. Except to the extent the CITY has accepted all or portions of the Site Improvements, in writing, prior to the lapse, expiration, or other termination of the CITY'S financial guaranty described in Section 11 and except to the extent the CITY and the PERMITTEE may agree, in writing, to defer the CITY'S acceptance of certain specified Site Improvements, the CITY is deemed to have accepted the Site Improvements when the