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Agenda - Council - 03/14/2023
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Agenda - Council - 03/14/2023
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3/13/2025 3:34:00 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
03/14/2023
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8. The Plans. The term "Plans" as used in this Agreement means the Site Plan plans prepared <br />by Hakanson Anderson, dated July 13, 2022 and revised on December 21, 2022. The Plans <br />remain subject to: (a) CITY Staff s review and approval of the Plans to, among other <br />things, confirm that the revisions requested in the CITY Staff s review letter have been <br />made; and (b) such further revisions as the PERMITTEE may propose and the CITY <br />approves. The Plans shall not be attached to this Agreement, but are in the CITY' S files. <br />9. Stage I Improvements. The public improvements the PERMITTEE will construct or <br />install are as follows: <br />a. Replace existing curb and gutter for entrance onto Riverdale Drive <br />b. Boulevard restoration along Riverdale Drive <br />C. Modification of existing sidewalks <br />d. Sanitary sewer connection <br />e. Water connection <br />f. Storm sewer connection <br />g. Relocation of utilities <br />(the "Stage I Improvements") . <br />The PERMITTEE agrees to construct the Stage I Improvements according to the terms <br />and conditions of this Agreement and in accordance with the Plans and the City Code. Per <br />City Code Section 117-615, the PERMITTEE shall provide the CITY with a set of re- <br />producible as -built plans in Computer Aided Drafting (CAD) format upon completion of <br />the Stage I Improvements and acceptance by the CITY. As as -built plans are a required <br />Stage I Improvement item per City Code Section 117-615, the CITY will not release in its <br />entirety the required Stage I Improvement Financial Guaranty noted in Section 15 below <br />until such as -built plans are received by the CITY. Additionally, the PERMITTEE agrees <br />to provide to the CITY the plans in CAD format prior to the commencement of <br />construction of the Stage I Improvements. <br />10. Installation of the Stage I Improvements. The PERMITTEE shall obtain all necessary <br />permits from all governmental agencies before commencing construction of the Stage I <br />Improvements. The PERMITTEE must provide the CITY with copies of all necessary <br />permits from other governmental agencies prior to or when the PERMITTEE applies for <br />a building permit to construct improvements on the Subject Property. Within thirty (30) <br />days after the completion of the Stage I Improvements, the PERMITTEE shall provide <br />the CITY with a complete set of reproducible "As Built" plans for the Stage I <br />Improvements. <br />11. Time of Performance for the Stage I Improvements. The PERMITTEE must complete <br />the Stage I Improvements within one (1) year after the recording of the Agreement. <br />12. Ownership of the Stage I Improvements. The PERMITTEE owns the Stage I <br />Improvements within the City -owned right-of-way until the CITY' S acceptance of the <br />Stage I Improvements. Title to the Stage I Improvements within the City -owned right-of- <br />way automatically passes to the CITY upon the CITY' S written acceptance of the Stage I <br />Improvements within the City -owned right-of-way. Except to the extent the CITY has <br />accepted all or portions of the Stage I Improvements within the City -owned right-of-way, <br />in writing, prior to the lapse, expiration, or other termination of the CITY'S financial <br />2 <br />
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