Agenda - Council - 03/14/2023 - Laserfiche WebLink

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18. Maintenance Guaranty for Landscaping_ It is herein agreed that the PERMITTEE shall provide the CITY a landscape maintenance guaranty to ensure the survival of the plantings. Said landscape maintenance guaranty shall consist of cash or a Letter of Credit, approved as to form by the CITY, in the amount of Two Thousand Eight Hundred Eighty Dollars and No Cents ($2,880.00) [# plantings (22 trees) x cost/planting ($300/tree x 30% average non -survival rate, (40 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 acceptance of said plantings as part of the Required Private Improvements. At the end of the two-year period, the PERMITTEE shall request a final inspection by the CITY to determine that all plantings that have been planted in accordance with the Plans have either survived or have been replaced. Upon approval of this final inspection, the landscape maintenance guaranty shall be returned to the PERMITTEE. 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 landscape maintenance guaranty for payment. Only the City Council shall have the authority to direct replacement of the plantings and draw upon the landscape maintenance guaranty. 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. 19. Street Cleaning and Clean Up. After the street surfacing that is a part of the Stage I Improvements is installed, the PERMITTEE shall clear any soil, earth, or debris from the streets. From time to time, the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the Stage I 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 fifteen (15) days of the date of the invoice. 20. 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; (b) provided the CITY Building Official with a Certificate of Survey; c.) the financial guaranty described in Section 15 to the CITY; 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 lot, including the installation of at least one layer of bituminous surfacing; (b) constructed all utilities and storm water facilities this Agreement requires to serve the lot and such utilities and storm water facilities are in place, operational and accepted by the CITY; (c) for lots that have a slope of less than 2%, provided the CITY with a certificate of grading, prepared by a licensed (State of Minnesota) professional land surveyor, certifying that the flattest grade on the lot is 1 % or greater; and (d) installed and planted the sod and landscaping that are required as a part of the Stage I Improvements. 4