Agenda - Council - 05/26/2020 - Laserfiche WebLink

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Improvements_ This license shall expire after the Improvements installed pursuant to this Contract have been installed and accepted by the CITY. 12. Stage II Improvements. The Stage II improvements which the CITY requires PERMITTEE to construct, which are not otherwise included in the Stage I Improvements, are as follows: a.. • Monument stakes•for the Plat . • PERMITTEE agrees to construct the Stage II Improvements according to the terms and conditions of this Contract and in accordance with the Permittee Plans, which are subject to revisions per City Staff Review Letter dated April 26, 2012 and which shall be submitted to the City Engineer for review and approval prior to execution by PERMITTEE of any such contract and prior to commencement of construction of the Stage I Improvements, • 13. Payment for Stage II Improvements. PERMITTEE shall be responsible for a fmancial guarantee for the Stage 11 Improvements to ensure timely completion of the Stage II Improvements. PERMITTEE shall be responsible for a financial guarantee for Stage II Improvements in the amount of 125% of the City Engineer's estimated cost of the State 1I Improvements. PERMITTEE shall deposit said amount as a letter of credit or cash escrow•at the time of execution of this Contract. 14. Street and Public Property Cleaning. PERMITTEE shall clear any soil, earth or debris from the streets, public property and Stormwater facilities resulting from any construction within the Property. From time to time and upon not less than thirty six (36) hours prior notice to• PERMITTEE, the CITY may remove, at the • expense of PERMITTEE, accumulations of soil, earth and debris from the streets•and Stormwater facilities within the Property resulting from construction of the Stage 1 Improvements, and PERMITTEE shall pay each invoice from the CITY to PERMITTEE for such costs within fifteen (15) days of receipt of the invoice. 15. Default. In the event of default by PERMII'IEE as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and PERMITTEE shall promptly reimburse the CITY for any reasonable expense incurred by the CITY, . provided PERMITTEE is first given written notice of the work in default, not less than• 48 hours in advance. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Court Order for permission to enter the Property. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part to the benefitted portion(s) of the Property. PERMITTEE authorizes reimbursement from any of PERMITTEE's escrows held by the CITY. 16. Miscellaneous. a. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason invalid, such decision shall not affect the validity of the remaining portions of this Contract. MAKOWSKYFAMILY FARMMETESANDBOUNDSSUBDIVISION Development Contract Page 3 of 11