Agenda - Council - 05/31/2005 - Laserfiche WebLink

Home

thirty (30) days written notice to sweep the streets. If the association fails to comply within thc thirty (30) day time frame, the CITY or its contractor will sweep the streets and the associated costs shall be the responsibility of the homeowner's association. CITY expenses incurred in sweeping the private streets and/or driveway collectors shall be paid within 30 days of billing. Failure to compensate the CITY for the services shall be cause lbra special assessment to be levied against the Plat and certified to the County Auditor lbr collection in the manner as taxes and special assessments are certified and collected. Thc DEVELOPER herein grants permission and a license to the CITY or its contractors and assigns to enter upon the Plat for the purpose~:of, cleaniEg the private streets and/or dri'eeway collectors. The DEVELOPER shall al~diiii~:,~¢~a~ible for including these provisions in the covenants drafted as a part ofthe h~-~i~e~ii~*association. 21. Time oC Peribrmance. The DEVELOPER shall in~ta~!~i~!al!)E d Imprgvements by )u~y 172005. The .DEVELOPER may, 'h~/~er,, ieduea an' ih'n, of:ti~e from the CITYi If an extension is granted, it sh~:li'be!!:eondlifioned Ul~:~'I l.ng)~the security posted by the DEVELOPER to reflect cost ini:r~!~S':.;.:',:::~ 22. ()wncrship of Improvements. Upon the comple~)n';fi~;i and construction ¢~q~ired to be done by this Agreement,, the. Improvem~tit~:.iY{~:i'iwithin public easements shall become CITY property without:further notice or 23.1,andscaping. a. Compliance With PI:ans. The' DEVEL'OPER shall landscape the Plat in acct)rdancc with approved plans. The landscaping .shall b~!~;accomplished in accordance with a !fmc schedule approved by the CITY. b. Maintej~ance' Guarantee for Eandscaping. The DEVELOPER shall prcwidc a maintenance guarantee to ensure the survival of the plantings for the for the Plat. Said mainlenance guarantee shall consist Of. cash or a Letter of Credit, approved as to form by the CITY, in the amount of $15,270 [required plantings (198 trees; 722 shrubs) x cost/planting ($100/tree, $50/shrub x 30%~average non-survival rate], which shall be in effect for a two-year period commencing on the pate of the CITYs acceptance of satd planttngs as part of the Required hnprovements. Th~ DEVELOPER shall be required to establish with the CITY an escrow to secure payment of ~aid $15,270.00 (the "Landscaping Escrow"). At the end of the two-year period, the maintenance guarantee shall be returned to the DEVELOPER. The determ~ti°n that all plantings that have been planted in accordance with the Subject Property have !either survived or have been replaced shall be made by the Community Development Department. In the event the DEVELOPER fails to maintain the ~cquired plantings for a two-year period, the CITY Council may order the replacement of iolantings with CITY day labor and/or by letting contracts and draw upon the escrow for paymcttt. Only the CITY Council shall have the authority to direct replacement of the plantings m~d withdraw from the escrow account. The DEVELOPER hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Site for the purpose of rep a~ inly, phmtings in the event of the DEVELOPER's default. Ramsey Tow'a Center 6th Addition Development Contract Page 8 of 15 Pages