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Agenda - Council Work Session - 08/03/1998
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Agenda - Council Work Session - 08/03/1998
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8/22/2006 12:56:58 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
08/03/1998
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<br />ARTICLE IV <br />CONSTRUCTION OF SITE IMPROVEMENTS <br /> <br />Section 4.1. Construction of Site Improvements. The City, at its expense, shall provide <br />that the following Site Improvements for the Development Property are completed in conformance <br />with the requirements of the Developer to fulfIll the provisions of the Development Permit (Exhibit <br />C). . <br /> <br />(a) The extension of sanitary sewer and municipal water service to the site. <br /> <br />(b) The completion of an administrative subdivision of the property. <br /> <br />Such construction shall commence only after the Developer and the City have executed a <br />license agreement for the Development Property in the form attached as Exhibit G. The license <br />agreement shall permit the City to enter the Development Property and construct the Site <br />Improvements. The license agreement shall provide that the City will carry public liability <br />insurance in an amount sufficient to protect the City and Developer from any claims arising out of <br />activities by the City on the Property. The City shall complete the Site Improvements by no later <br />than August 12, 1996. <br /> <br />Section 4.2. Lien for Site Improvements. The License Agreement for the Property shall <br />terminate upon the City's completion of the Site Improvements, or on such other date as specified <br />in the document. At the Developers requests the City will execute a document, in recordable form, <br />evidencing the termination of the License Agreement. <br /> <br />The City shall retain a lien on the Development Property in the amount of One Hundred <br />Eighteen Thousand Dollars ($118,000) until completion of the Minimum Improvements by the <br />Developer, which amount represents the cost to the City of completion of the Site Improvements <br />for the Development Property. The Lien Agreement shall be substantially in the form attached as <br />Exhibit F. This Lien Agreement shall be in subordination to the fIrst mortgage on the Development <br />Property. Said subordination agreement shall be provided by the Developer and recorded as a <br />separate document and will be subordinate to any primary mortgage for the property. <br /> <br />Page 11 <br />
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