Agenda - Council - 05/23/2023 - Laserfiche WebLink

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3. Incorporation of All City Code Requirements. That the recitals above and the applicable provisions of the City Charter, Subdivision Code, Zoning Code and Public Improvement Code of the CITY, as amended to date hereof, are incorporated herein by reference. 4. State Building Code Compliance. The structure(s) shall be constructed in accordance with the requirements of the Building Code. 5. Fire Lanes. Fire lanes shall be maintained on the Subject Property. The exact locations of these items on the Subject Property shall be as directed by the Fire Chief. The PER1VIITTEE herein agrees to post "No Parking" signs along private streets in accordance with City Code requirements and in conjunction with the instructions of the Fire Chief. 6. Required Improvements. The PERIVIITTEE shall construct and install the following site improvements on the Subject Property in accordance with the specifications and location as shown on the Plans. The Required Improvements are as follows: a. Storm drainage facilities b. Stormwater maintenance c. Sanitary sewer and water utilities d. Parking/maneuvering area(s) e. Concrete curb and gutter f. Lot grading g. Landscaping h. Installation and removal of temporary erosion control measures. i. Temporary and permanent erosion control. ("Required Improvements)" The PERIVIITTEE agrees to construct the Required Improvements according to the terms and conditions of this Agreement, in accordance with the Plans, and in compliance with Staff review comments. 7. Required Improvements Completion Date. The Required Improvements shall be completed within twelve (12) months from the date of Site Plan approval for the building addition. 8. Required Improvements Financial Guaranty. In order to ensure the installation of the Required Improvements in accordance with CITY specifications and in a timely manner, the PERMITTEE shall be required to deposit with the CITY a cash escrow or an irrevocable letter of credit, approved as to form by the CITY, in the amount of Six Hundred Forty -One Thousand Three Hundred Twenty Dollars and No Cents ($641,320.00), which is 125% of the CITY's estimated cost of the Required Improvements. Prior to the issuance of the building permit, the financial guaranty must be provided as required herein. Upon completion of the construction of the Required Improvements and written acceptance by the CITY, the financial guaranty shall be returned to the PERMITTEE and the PERMITTEE shall be required to provide the landscaping maintenance guaranty described in Section III Paragraph 12 of this Agreement. The determination of completion of the construction of the Required Improvements shall be made by the CITY. In the event the PERMITTEE fails to construct and install the Required Improvements as required herein, the City Council may order the completion of the Required Improvements with CITY day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the 2