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Agenda - Council - 09/13/2022
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Agenda - Council - 09/13/2022
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3/14/2025 2:38:06 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/13/2022
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d. Parking lot and striping <br />e. Concrete curb and gutter <br />f. Lot grading <br />g. Landscaping <br />h. Electricity from Subject Property to 161st Avenue. <br />i. Phone from Subject Property to 161st Avenue. <br />j . Natural gas from Subject Property to 161st Avenue. <br />k. Installation of survey monumentation. <br />1. Water shut off boxes <br />8. Time of Performance for the Required Private Improvements. The PERMITTEE must <br />complete the Required Private Improvements no later than September 30, 2023, subject to <br />Force Majeure Delays (as defined in Section 18.m. below), with supporting documentation <br />to substantiate any such delay. <br />9. Financial Guarantee for Required Private Improvements. The PER1VIITTEE shall provide <br />a financial guarantee (the "Financial Guarantee") to the CITY guaranteeing the <br />construction of the Required Private Improvements and their timely completion. The <br />PERMITTEE shall be responsible for the Financial Guarantee in the amount of Two <br />Million Seven Hundred and Seven Thousand Seven Hundred Seventy -Seven Dollars and <br />No Cents ($2,707,777.00), which amount is 125% of the CITY Engineer's estimated cost of <br />the Required Private Improvements. The Financial Guarantee must be in the form of a cash <br />escrow. Upon completion of Required Private Improvements (including the removal of <br />"temporary" erosion control measures as identified in the approved Grading Plan), <br />acceptance by the CITY, supported by appropriate lien waivers, the PERMITTEE may <br />request a reduction in the amount of the Financial Guarantee. Partial reductions are <br />permitted on a pro rata basis based on the value of the Required Private Improvements so <br />completed. <br />10. Engineering Inspection Escrow for the Required Private Improvements. The <br />PERMITTEE shall provide an Engineering Inspection Escrow to the CITY for <br />inspections related to the Required Private Improvements. The PERMITTEE shall be <br />responsible for an Engineering Inspection Escrow in the amount of One Hundred Eight <br />Thousand Three Hundred Eleven Dollars and No Cents ($108,311.00), which amount is <br />5% of the City Engineer's estimated cost of the Required Private Improvements. The <br />inspection fee must be in the form of a cash escrow. The PER1VIITTEE may request a <br />refund of the remaining balance in the escrow upon completion of the Required Private <br />Improvements and approval by the CITY. <br />11. Warranty for Required Private Improvements. The PERIVIITTEE shall provide a one-year <br />warranty in the amount of One Hundred Ninety -Seven Thousand One Hundred Ninety - <br />Seven Dollars and No Cents $197,197.00, which is 25% of the cost of the earthwork and <br />storm sewer work in the Engineer's Estimate. Said warranty shall be in force for one year <br />following the final approval of these aspects of the Required Private Improvements and <br />shall guarantee satisfactory performance of such improvements. The warranty must be in <br />the form of cash or a Letter of Credit in a form acceptable to the CITY'S Finance Director <br />or a cash escrow. <br />12. Maintenance Guarantee for Landscaping. The PERMITTEE shall provide the <br />CITY a maintenance guarantee to ensure the survival of the plantings. Said <br />maintenance guarantee shall consist of cash or a Letter of Credit, approved as to <br />3 <br />
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