Agenda - Council - 09/26/2023 - Laserfiche WebLink

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At the end of the two (2) year period, ALDI shall contact the CITY to schedule a final inspection of the landscaping. The determination that all plantings that have been planted in accordance with the Plans have either survived or have been replaced shall be made by the CITY, which determination shall be reasonably be made in good faith. Upon approval of the final landscape inspection by the CITY, the maintenance guaranty shall, within 30 days, returned to ALDI. In the event ALDI fails to maintain the required plantings for a two (2) year period, and such failure continues for 60 days (or such other greater period of time reasonably necessary to cure such failure if such failure is not reasonably able to be cured within such 60-day period, provided ALDI has undertaken procedures to cure such default within such 60-day period and diligently pursues such cure to completion) after ALDI's receipt of written notice specifying in reasonable detail such failure, the City Council may order the replacement of plantings with CITY day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement of the plantings and withdraw from the escrow account. ALDI 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 ALDI default as described herein. SECTION IV GENERAL 17. Boulevard and Area Restoration. ALDI shall be responsible for restoring all areas disturbed by the development grading operation in accordance with the approved erosion and sediment control plan. ALDI shall also be responsible for the cost of cleaning any material amounts of soil, earth or debris from the wetlands within and adjacent to the Subject Property resulting from grading performed in the development of the Subj ect Property. 18. Construction Site Maintenance. ALDI shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. 19. Construction, Hours and Entrance Signs. The CITY restricts construction and delivery hours to Monday through Saturday 7:00 a.m. to 10:00 p.m. ALDI is required to provide a sign at each entrance point stating delivery and construction operation hours. Said signs are not to exceed eighty (80) square feet in size and must be clearly visible at all times during the construction period. Extended hours are subject City Administrator's permission based on reasonable circumstances. 20. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Required Improvements, unless specified as fixed amounts, are estimated. ALDI agrees to pay the entire cost of Required Improvements. 21. Site Plan Approval Expenses. ALDI agrees that it will pay to the CITY all actual, reasonable, third -party CITY expenses incurred in the approval of the Site Plan, including, but not limited to reasonable administration expenses, engineering and legal fees. Said expenses shall be paid within 30 days after ALDI's receipt of billing and reasonable supporting documentation from the CITY and outstanding billings shall be paid prior to issuance of the building permit. Any permissible expenses incurred after the release of the building permit shall also be paid within said 30 day billing period. Failure to pay the CITY's expenses within the 30 day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. 22. Reimbursement to the City. ALDI agrees to reimburse the CITY for all actual, reasonable, third - party costs incurred by the CITY in defense or enforcement of this Agreement, or any portion Aldi Development Agreement Page 5 of 9