Agenda - Council - 03/28/2023 - Laserfiche WebLink

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installed 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 $17,820.00. [# plantings (198 trees) x cost/planting ($300/tree x 30% average non -survival rate, (zero 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 such 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. Subject to the provisions of Section 24, 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 Subj ect Property for the purpose of replacing plantings in the event of the PERMITTEE's default. 16. 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 resulting from the construction of the Stage I Improvements. 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, subject to the provisions of Section 24. 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. The CITY will only plow snow from roadways after the first lift of pavement is installed. 17. Payment of Development Fees. The PERMITTEE must pay to the CITY the fees described on Exhibit B which may include, but are not limited to, Park Land Dedication Fees, Trail Development Fees, Sanitary Sewer Connection (Trunk) Fees, Water Connection (Trunk) Fees, Storm Management Fees, and Street Signage Fees. 18. Payment for Sanitary Sewer Oversizing/Overdepth. The PERMITTEE will be constructing sanitary sewer in an oversized and/or deeper manner in order to serve properties outside of the Plat. The CITY agrees to reimburse the PERMITTEE for all costs incurred for the oversizing/overdepth work upon completion of the work and acceptance by the CITY as outlined in Exhibit C. 19. Deeds. The PERMITTEE must provide warranty deeds to the CITY for properties deeded for park dedication or other purposes required under the terms of this Agreement within two weeks of recording of the Plat. The City Attorney shall review and approve a draft of the deed(s) prior to recording. Each parcel to be conveyed shall have its own deed. 20. Access Easement. The PERMITTEE must provide an access easement to the CITY extending from 173rd Avenue NW to Lot 1, Block 6 (Park Dedication Area) in lieu of having direct street frontage at the time of platting. It is understood that a future phase of 5