Agenda - Council - 11/09/2021 - Laserfiche WebLink

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7. Installation of the Improvements. The PERMITTEE shall obtain all necessary permits from all governmental agencies before commencing construction of the Improvements. The PERMITEE must provide the CITY with copies of the National Pollutant Discharge Elimination System (NPDES) and Lower Rum River Water Management Organization (LRRMWO) permits prior to or when the PERMITTEE applies for a grading permit to construct improvements on a lot within the Plat. Within thirty (30) days after the completion of the Improvements, the PERMITTEE shall provide the CITY with a complete set of reproducible "As Built" plans for the Improvements. 8. Time of Performance for the Improvements. The PERMITTEE must substantially complete the Improvements within one (1) year after issuance of a grading permit. 9. Street Cleaning and Clean Up. The PERMITTEE shall clear any soil, earth, or debris from the streets resulting from the construction of improvements. If the PERMITTEE fails to keep streets clean the CITY shall notify the PERMITTEE of the issue and PERMITTEE shall clear soil, earth, or debris from the streets resulting from the construction of the Improvements within 48 hours of notification. If the PERMITTEE fails to clean streets after said 48-hour period the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the Improvements. It shall be the PERMITTEE'S responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the PERMITTEE for such costs shall be paid within thirty (30) days of the date of the invoice. 10. Payment of Development Fees. Since the Property is not being platted, the PERMITTEE acknowledges that the development fees will be required at time of final plat. 11. PERMITTEE Defaults. If the PERMITTEE defaults in the performance of one or more of the PERMITTEE'S obligations under this Contract (most notably temporary and permanent erosion control measures), i) the CITY shall give the PERMITTEE thirty (30) days written notice of the default and ii) if the PERMITTEE fails to cure the default within thirty (30) days of receipt of notice of default, then the CITY may pursue any and all remedies available at law or in equity including, but not limited to, the following: a. The CITY may, at its option, perform or engage one or more third parties to perform the PERMITTEE'S obligations. If, in the reasonable judgment of the CITY'S staff, the PERMITTEE'S default creates an immediate risk to public health or safety, the CITY may perform or engage one or more third parties to perform the work before the CITY provides the notice described in the initial paragraph of this Section, but the CITY must use commercially reasonable efforts to notify the PERMITTEE as promptly as possible that the CITY is undertaking to perform the PERMITTEE'S obligation or obligations. If the CITY performs one or more obligations of the PERMITTEE, the PERMITTEE must reimburse 3