Agenda - Council - 04/22/2025 - Laserfiche WebLink

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Paragraph 12 of this Agreement. The determination of completion of the construction of the Required Improvements shall be made by the CITY. In the event the PERMITTEE fails to construct and install the Required Improvements as required herein, the City Council may order the completion of the Required Improvements with CITY day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the Required Improvements 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 completing the construction and installation of the Required Improvements in the event of the PERMITTEE's default. 10. Site Inspection Fees (Escrow). The PERMITTEE shall be responsible for all site inspection costs incurred by the CITY related to the installation of Required Improvements. The PERMITTEE shall make a cash deposit into the appropriate escrow account at the CITY and the CITY shall have the authority to draw upon these funds for the purpose of compensating for inspection services. The amount of the deposit shall be equal to five percent (5%) of the estimated cost of the Required Improvements, which equates to Six Thousand Three Hundred Seventy - Eight Dollars and No Cents ($6,378.00) (5% x $127,560.00). Upon completion of the Required Improvements to the satisfaction of the CITY, any surplus balance remaining in the CITY's escrow account shall be refunded to the PERMITTEE. SECTION II DEVELOPMENT FEE INFORMATION The Subject Property are lots of record and the use as a solar energy system will not require any public or private water or sanitary sewer/septic service. Therefore, development fees are not collected. SECTION III BUILDING PERMITS 11. Requirements for Building Permit. No building permit shall be issued for the solar energy system until the PERMITTEE has: (a) installed a Class 5 driving surface to within 300 feet of the structures; (b) provided the CITY Building Official with a Certificate of Survey; (c) the financial guaranty described in Section I Paragraph 6 to the CITY; and (d) obtained all necessary permits from the Lower Rum River Watershed Management Organization and has provided a copy of such permit to the CITY, if applicable. SECTION IV ON -SITE LANDSCAPING 12. Maintenance Guaranty for Landscaping. It is herein agreed that the PERMITTEE shall provide a maintenance guaranty to ensure the survival of the plantings (seeding and transplanted trees). Said maintenance guaranty shall consist of cash or an irrevocable letter of credit, approved as to form by the CITY, in the amount of Two Thousand One Hundred Sixty Dollars and No Cents ($1,260.00) [# plantings (24 trees) x cost/planting ($300/tree) 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. Cedar Creek Energy Development Agreement Page 4 of 8