Agenda - Council - 04/09/2024 - Laserfiche WebLink

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PERMITTEE's builder applies for a building permit to construct improvements on a lot within the Plat. 7. Time of Performance for the Stage I Improvements. The PERMITTEE must substantially complete the Stage I Improvements(other than the final lift of bituminous)within eighteen months (18) months after the recording of the Plat, subject to delays, outside the control of the PERMITTE, which are the direct or indirect result of strikes, other labor shortages or troubles, material shortages, severe or prolonged bad weather, acts of God, fire or other casualty, litigation or other administrative procedures commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts or requirements of any federal, state, or local governmental unit(other than the CITY acting in its contractual capacity under this Agreement) which results in delays. 8. Ownership of the Stage I Improvements. The PERMITTEE owns the Stage I Improvements until the CITY'S acceptance of the Stage I Improvements. Title to the Stage I Improvements automatically passes to the CITY upon the CITY'S written acceptance of the Stage I Improvements. Except to the extent the CITY has accepted all or portions of the Stage I Improvements, in writing, prior to the lapse, expiration, or other termination of the CITY'S financial guaranty described in Section 12 and except to the extent the CITY and the PERMITTEE may agree, in writing, to defer the CITY'S acceptance of certain specified Stage I Improvements, the CITY is deemed to have accepted the Stage I Improvements when the CITY releases the financial guaranty described in Section 12 or allows such financial guaranty to lapse, expire or otherwise terminate, as to all or certain specified Stage I Improvements. 9. Stage I Improvements License. The PERMITTEE hereby grants the CITY and the CITY'S agents, employees, officers, and contractors an irrevocable license to enter the Subject Property to perform all necessary work and/or inspections the CITY deems reasonably appropriate during the PERMITTEE'S installation of the Stage I Improvements. The license shall expire after the CITY accepts ownership of the applicable Stage I Improvements. 10. Stage II Improvements. The public improvements the PERMITTEE must construct or install are as follows: a. Street striping(if required by Plans). b. Street lights per agreement with Connexus Energy C. Street and traffic control signs. The CITY will provide and install Street Name and Traffic Control signs per the Plans, following payment by PERMITTEE pursuant to the established rates and charges in effect and outlined in Exhibit B attached hereto. d. Installation of survey monumentation. (the "Stage II Improvements"). The PERMITTEE must substantially complete the construction of the Stage II Improvements within eighteen(18)months after the date upon which the Plat is recorded, subject to delays, outside the control of the PERMITTE,which are the direct or indirect result of strikes, other labor shortages or troubles, material shortages, severe or prolonged bad weather, acts of God, fire or other casualty, litigation or other administrative procedures commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts or requirements of any federal, state, or local governmental unit (other than the CITY acting in its contractual capacity under this Agreement) which results in delays. 3