Agenda - Council - 07/22/2025 - Laserfiche WebLink

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a. No building permit shall be issued until the PERMITTEE has: (a) installed a Class 5 driving surface to within 300 feet of the structure; (b) provided the CITY Building Official with a Certificate of Survey; (c) the financial guaranty described in Section 1 Paragraph 8 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; and b. No occupancy permit shall be issued until the PERMITTEE has: (a) constructed vehicular access to the lot, including the installation of at least one layer of bituminous surfacing; and (b) constructed all utilities and storm water facilities this Agreement requires to serve the lot and such utilities and storm water facilities are in place, operational and accepted by the CITY. SECTION III ON -SITE LANDSCAPING 17. 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 One Thousand Five Hundred Thirty Dollars and No Cents ($1,530.00) [# plantings (17 trees and zero 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 18. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas disturbed by the development grading operation in accordance with the approved erosion and sediment control plan. 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. 19. 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. 20. 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 Bunker Lake Crossing LLC Development Agreement Page 5 of 9