Agenda - Council - 10/11/2022 - Laserfiche WebLink

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c. Proof of Authority. That the PERMITTEE provide proof that the respective governing boards of the PERMITTEE have authorized the PERMITTEE'S execution of this Agreement. This proof of authority may be satisfied by providing the CITY with a certified copy of the minutes of the governing board of each entity which grants such authority. 3. The Plans. The term "Plans" as used in this Agreement means the Site Plan prepared by SISU Land Surveying & Engineering, dated September 6, 2022. The Plans remain subject to: (a) CITY Staff's review and approval of the Plans to, among other things, confirm that the revisions requested in the CITY Staff's review letter have been made; and (b) such further revisions as the PERMITTEE may propose and the CITY approves. The Plans shall not be attached to this Agreement, but are in the CITY'S files. 4. Stage I Improvements. The public improvements the PERMITTEE will construct or install are as follows: a. Streets (turn lane on Bunker Lake Boulevard). (the "Stage I Improvements"). The PERMITTEE agrees to construct the Stage I Improvements according to the terms and conditions of this Agreement and in accordance with the Plans and the City Code. Per City Code Section 117-615, the PERMITTEE shall provide the CITY with a set of re- producible as -built plans in Computer Aided Drafting (CAD) format upon completion of the Stage I Improvements and acceptance by the CITY. As as -built plans are a required Stage I Improvement item per City Code Section 117-615, the CITY will not release in its entirety the required Stage I Improvement Financial Guaranty noted in Section 12 below until such as -built plans are received by the CITY. Additionally, the PERMITTEE agrees to provide to the CITY the plans in CAD format prior to the commencement of construction of the Stage I Improvements. 5. Lot Corner Staking. The PERMITTEE must install lot corner stakes at all lot corners. 6. Installation of the Stage I Improvements. The PERMITTEE shall obtain all necessary permits from all governmental agencies before commencing construction of the Stage I Improvements. The PERMITEE must provide the CITY with copies of all necessary permits from other governmental agencies prior to or when the PERMITTEE applies for a building permit to construct improvements on the Subject Property. Within thirty (30) days after the completion of the Stage I Improvements, the PERMITTEE shall provide the CITY with a complete set of reproducible "As Built" plans for the Stage I Improvements. 7. Time of Performance for the Stage I Improvements. The PERMITTEE must complete the Stage I Improvements within one (1) year after the recording of the Agreement. 8. Ownership of the Stage I Improvements. The PERMITTEE owns the Stage I Improvements until the CITY'S acceptance of the Stage I Improvements. Title to the Stage I Improvements automatically passes to the CITY upon the CITY'S written acceptance of the Stage I Improvements. Except to the extent the CITY has accepted all or portions of the Stage I Improvements, in writing, prior to the lapse, expiration, or other termination of 2