Agenda - Council - 09/10/2024 - Laserfiche WebLink

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SECTION III LANDSCAPING 11. Maintenance Guaranty for Landscaping. It is herein agreed that the PERMITTEE shall provide a maintenance guaranty to ensure the survival of the plantings. Said maintenance guaranty shall consist of cash or an irrevocable letter of credit, approved as to form by the CITY, in the amount of Three Thousand Four Hundred Twenty Dollars and No Cents ($3,420.00) [# plantings (38 trees and 0 shrubs) x cost/planting ($300/tree and $75/shrub) x 30% average non- survival rate], which shall be in effect for a two (2) year period commencing on the date of the CITY's written acceptance of said plantings as part of the Required Improvements. At the end of the two(2)year period,the PERMITTEE 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. 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 plantings for a two (2) year period, 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. The PERMITTEE 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 the PERMITTEE default. SECTION IV GENERAL 12. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas disturbed by the development grading operation in accordance with the Plans. The PERMITTEE shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands within and adjacent to the Subject Property resulting from grading performed in the development of the land. 13. Construction Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. 14. 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. The PERMITTEE 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. 15. 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. The PERMITTEE agrees to pay the entire cost of said improvements including interest,engineering and legal charges. 16. Site Plan Approval Expenses. The PERMITTEE agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Site Plan, including, but not limited to administration Diamond Graphics Development Agreement Page 4 of 7