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Agenda - Council - 09/09/2025
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Agenda - Council - 09/09/2025
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9/8/2025 12:33:24 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/09/2025
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federal, state, or local governmental unit (other than the CITY acting in its contractual <br />capacity under this Agreement) which results in delays. <br />PERMITTEE must install the Stage II Improvements in accordance with the Plans, <br />excluding the street and traffic control signs, which will be installed by the CITY. As - <br />built plans will be provided to the CITY within thirty (30) days of completion. <br />11. Required Private Improvements. The private improvements the PERMITTEE will <br />construct or install are as follows: <br />a. Lot grading <br />b. Mailboxes <br />(the "Required Private Improvements"). <br />12. Financial Guaranty for Stage I Improvements and Stage II Improvements. The <br />PERMITTEE shall provide a financial guaranty in the form of a non -expiring or auto - <br />renewing letter of credit to the CITY guaranteeing the construction of the Stage I <br />Improvements and Stage II Improvements, as well as their timely completion. The <br />PERMITTEE shall be responsible for a financial guarantee in the amount of $2,000,000. <br />Upon completion of the trunk sanitary sewer the CITY shall reimburse PERMITTEE <br />according to Exhibit C. Upon completion of all sewer improvements included in Stage I <br />PERMITTEE shall be allowed to begin work on the watermain and streets included in <br />Stage I. PERMITTEE'S financial guarantee shall remain at $2,000,000. Upon completion <br />of all or a portion of the Stage I Improvements related to watermain storm sewer and streets, <br />acceptance by the CITY, supported by appropriate lien waivers, The PERMITTEE may <br />request a reduction in the amount of the financial guaranty as each portion (ie, storm sewer) <br />of the project is at least half completed with proper documentation. Only one reduction <br />may be requested and processed per calendar month. <br />13. Inspection Escrow for the Stage I Improvements, Stage II Improvements, and Required <br />Private Improvements. The PERMITTEE shall provide an inspection escrow to the CITY <br />to inspect the Stage I Improvements, Stage II Improvements, and Required Private <br />Improvements. The PERMITTEE shall be responsible for an inspection escrow in the <br />amount of $198,180.00, which amount is 5% of the CITY Engineer's estimated cost of the <br />Stage I Improvements, Stage II Improvements, and Required Private Improvements. The <br />inspection escrow must be in the form of cash. The PERMITTEE may request a refund <br />of the remaining balance in the escrow upon completion all or a portion of the Stage I <br />Improvements, Stage II Improvements, and Required Private Improvements, after <br />acceptance by the CITY. <br />14. Warranty for Stage I and Stage II Improvements. The PERMITTEE shall provide a one- <br />year warranty in the amount of $990,900.00, which is 25% of the cost of the Stage I and <br />Stage II Improvements. Said warranty shall be in force for one year following the final <br />acceptance of any required improvements and shall guarantee satisfactory performance of <br />said improvements. The warranty must be in the form of a Letter of Credit approved by <br />the CITY Finance Director, approved as to form by the CITY, or a cash escrow. <br />15. Maintenance Guarantee for Landscaping. It is herein agreed that the PERMITTEE shall <br />provide the CITY a landscape maintenance guaranty after all off -lot landscaping is <br />installed to ensure the survival of the plantings. Said landscape maintenance guaranty shall <br />4 <br />
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