Agenda - Council - 12/28/2006 - Laserfiche WebLink

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letter of credit to the Citv at the time the Final Plat is released to secure Developer's Aayment obligation? If payments will be deferred I ask the itv to provide me with a uroposed payment schedule. The Citv could incoraorate the payment schedule into the completion schedule described belowl Citv agrees that, subject to Unavoidable Delay and subiect to Developer closing on the purchase of the Development Property and recording the Final Plat on or before the Closing Date, City will substantially complete the Off-Site Improvements on or before the dates set forth on the attached Exhibit - e-arty-as-'fgll'e~~ " .C. (does the City have sufficient information to agree to cnhetantial rmm~lnt;nr. A.ltno9 i4',.,,+ a,.,... --- - -- 1 uua.a.o it 11V6. UVGJ the City have sufficient information to agree to a nvpratl rmm~latinn rl~tn9 Tf tho r;+~> 11 411. t.l ~.• can agree to some form of a completion date what third party actions could affect the City's ability to perform (i.e. what contingPn~iPC ran T havn to 1,..~1a ;., +., tl,,. ~ ................. - --- - - u a lv ulc Arl GG111ci1L to complete construction by a stated date~l If Developer does not close on the purchase of the Development Property or does not record the Final Plat on or before the Closing Date. City will establish a new substantial completion .~atp~ for tho off C;to V 11 Ul..<. Improvements after Developer has done so and the Parties will amend this Agreement to reflect the new substantial completion date 12.2 ~1-City Public Improvements. Pursuant to -Ssection 9.50.50, Subd 11 of the Zoning and Subdivision Ordinance, City agrees to construct and install; the following public improvements at City's cost and expense and without assessment against the Development Property: (a) Sunwood Drive from Armstrong Blvd. to the future County Road 116, including n~~-finished grading of the improved portion of the right-of--way, base course, pavements sections, curb and gutter, regulatory signage and street lighting, d .fHow does the Citv want to define the work the Ci is obligated to Perform?l Other that regulatory signage and street lighting Citv is not obligated to construct any surface improvements or install any landscaping between the back of the curb and the right of way boundary. (b) a service road from the new Sunwood Drive to the westerly boundary of the Development Property, including rE~-finished grading of the improved portion of the right-of--way, base course, pavements sections, curb and gutter, regulatory signage and street lighting, "YYr".~"~ "~ati.~ ~"'"~ ~~ ` fHow does the City want to define the work the f itv i~ nhlisatnrl to performgl Other that regulatory signage and street lighting Citv is not obligated to construct any surface improvements or install any landscaping between the back of the curb and the right-of--way boundary Developer has reauested that this service road have a 58 foot right of way. A 58 foot right of way would require a variance from Citv Council To apply for a variance. Developer must comply with the reauirements set forth in 9 03 07 of the Zoning and Subdivision Ordinance and Citv can only grant the variance if 1974417vdoc V2 to V 112/18/06 13 -138-