Agenda - Council - 09/13/2022 - Laserfiche WebLink

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form by the CITY, in the amount of Twenty -Six Thousand One Hundred Twenty - Two Dollars and No Cents $26,122.00. [# plantings (224 trees) x cost/planting ($300/tree x 30% average non -survival rate, (265 shrubs) x cost/planting $75/shrub x 30% average non -survival rate], which shall be in effect for a two-year period commencing on the date of the CITY's inspection approval of said plantings as part of the Required Private Improvements. At the end of the two-year period, the maintenance guarantee shall be returned to the PERMITTEE. The determination that all plantings that have been planted in accordance with the Plans have either survived or have been replaced shall be made by the CITY. In the event the PERMITTEE fails to maintain the required plantings for a two-year period, the City Council may order the replacement of plantings with CITY day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement of the plantings and drawing upon the maintenance guarantee. The PERMITTEE hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Subject Property for the purpose of replacing plantings in the event of the PERMITTEE's default. 13. Street Cleaning and Clean -Up. The PERMITTEE shall clear any soil, earth, or debris from the public street(s) as a result of work on the Subject Property. From time to time, the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the Required Private 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. 14. Payment of Development Fees, Financial Guarantee, Inspection Escrow, Warranty and Guarantee. The PERMITTEE must pay to the CITY the fees described on Exhibit C attached hereto in conjunction with the release of the Plat for recordation. The PERMITTEE must also pay to the CITY the Financial Guarantee, the Engineering Inspection Escrow, the Warranty for Required Private Improvements and the Maintenance Guarantee (as described in Sections 9 through 12) in conjunction with the release of the Plat for recordation. 15. Park. The PERMITTEE has, of even date herewith, executed a deed conveying fee title to the area entitled Park on the Plat to the CITY, which shall be recorded along with the Plat and this Agreement. 16. Requirements for Building and Occupancy Permits. a. No building permit for the Subject Property shall be issued until the PERMITTEE has: (a) installed a Class 5 driving surface to within 300 feet of the structure to be located thereon; (b) provided the CITY Building Official with a Certificate of Survey; (c) provided the Financial Guarantee described in Section 9 to the CITY; and (d) obtained all necessary permits from the Lower Rum River Watershed Management Organization and has provided a copy of such permit to the CITY; and b. No occupancy permit for the Subject Property shall be issued until the PERMITTEE has: (a) constructed vehicular access to the Subject Property, including the installation of at least one layer of bituminous surfacing; (b) 4