Agenda - Council - 08/12/2025 - Laserfiche WebLink

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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 GENERAL 11. Survey Monumentation. The PERMITTEE must protect all lot corner stakes and survey monumentation at all lot corners. 12. Preconstruction Meeting. The PERMITTEE shall schedule and hold a pre -construction meeting with the CITY prior to commencing site work. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to issuance of the building permit. Any expenses incurred after the release of the building permit shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY's expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. 18. Reimbursement to the City. The PERMITTEE agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 19. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. CCI Holdings 2, LLC Development Agreement Page 4 of 7