Agenda - Council - 05/13/2025 - Laserfiche WebLink

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the PERMITTEE shall be required to provide the landscaping maintenance guaranty described in Section II Landscaping Paragraph #10 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. 8. Inspection Fees. The PER1VIITTEE shall be responsible for all 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 Twenty -Three Thousand Seven Hundred Eighty -Six Dollars and No Cents ($23,786.00) (5% x $475,712.00). 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. 9. Payment of Connection Fees. The PERMITTEE is responsible for paying certain fees to not only connect to the City's sanitary sewer, water, and storm sewer systems, but also the estimated cost of constructing an infiltration basin. The applicable fees are outlined in Exhibit B. SECTION II LANDSCAPING 10. Maintenance Guarantee for Landscaping. It is herein agreed that the PERMITTEE shall provide the CITY a landscape maintenance guaranty to ensure the survival of the plantings. Said landscape maintenance guaranty shall consist of cash or a Letter of Credit, approved as to form by the CITY, in the amount of Three Thousand Six Hundred Sixty - Eight Dollars and No Cents ($3,668.00). [# plantings (30 trees) x cost/planting ($300/tree x 30% average non -survival rate, (43 shrubs) x cost/planting $75/shrub x 30% average non - survival rate], which shall be in effect for a two-year period commencing on the date of the CITY's acceptance of said plantings as part of the Required Private Improvements. At the end of the two-year period, the PERMITTEE shall request a final inspection by the CITY to determine that all plantings that have been planted in accordance with the Plans have either survived or have been replaced. Upon approval of this final inspection, the landscape maintenance guaranty shall be returned to the PERMITTEE. In the event the PERMITTEE fails to maintain the required plantings for a two-year period, the City Council may order the replacement of plantings with CITY day labor and/or by letting contracts and draw upon the landscape maintenance guaranty for payment. Only the City Council shall have the authority to direct replacement of the plantings and draw upon the landscape maintenance guaranty. 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 PERIVIITTEE's default. SECTION III GENERAL 3