Agenda - Council - 08/27/2024 - Laserfiche WebLink

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At tb e en d of the two (2)year pen'o d,the PERMI TTEE shal I contact the C1 TV to s chedul e 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 mplaced shall be made by the CITY. Upon approval of the final landscape inspection by the CITY, the maintenance ,guaranty shall be returned to the PERMITTEE. In the event the PERMITTEE fails to maintain the required ph,mtings for a two (2) year period,the City Council may order the replacement of planting's 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 rep lacemciat of the plantings and withdraw from the escraw account. The PER..VIITTEE hcreby grants perm ission 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 P R IITT I4 default. SECTION IV GENERAL, 13. Boulevard and Area Restoration. The PERMITTEE shall be-responsible for re storingall areas disturbed by the development ading operation in accordance,with the approved erosion and sedimew control plan. The PERMIT TEE shall also be responsible for the cost of cleaning any soil,earth or debris from the wetlands wi thin and a0lacent to the Subject Prop resulting ftom grading perfonned in the development of the land. 14. Construction Site Maintenance. The PEKMITTEE shall adhere to all CITY ordinances relating to, but not 11mited to, dumping of garbage, site development, construction debris, open burning, etc. 15. Construction, Fours and Entrance igas, The CITY restricts construction ,ind delivery hours ton d a y through S a turd ay 7:0 0 a.m. to 10-,0 0 p,m. The PERMITTEE is rewired to proviWe a sigii at eacli entrance point stating delivery and construction operation hours. Said signs a=not to exceed eighty(80)square.feet in size and inust he clearly visible.at all times during the construction period. 16. Estimated Cost. It is understood and agreed that cost ainouirits sct forth in this Agreement as Required Improvements,unless specified as fixed amounts, are estimated. The PERMITTEE 4 agrees to pay the entire cost of said improvements including in engmeering and legal charges. a) 17. Site Plan Approval Expenses. The PERMITTEE agrees that it will pay to the CITY all CITY expenses incurred inn the approval of the Site Plan, including, but not limited to administration exp enses,engi neering an d I e gal fees. Said exp enses shati b e pal d within fi fteen(15)days o f hi I I ing by the CITY and outstanding billings shall be paid prior to issuance of the building pernift. Any expenses i ncurred after the rel eas e of the building p wit sha 11 at so b e paid MA in said B fteen(15) day billing period. Fail-are to pay the CITY's expenses within the fifteen(15) day billing period will permit the GJTV to draw lap on any of the escrows required by this contract for payment. 18. Reimbursement to the City. The PERMITTEF, agrees to reimburse the CITY for all :its incurred by the CITY in defense or enforcement of this Agreement, or any pub erg thereof, including court costs and reasonable engineering and attorneys fees. 19. Invalidity of Any Section. If any poftion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the oth er provisions of this Agreemexit. L 4