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Agenda - Council - 09/08/2026
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Agenda - Council - 09/08/2026
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9/8/2026 12:31:23 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/08/2026
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(the "Stage 1 Improvements"). <br />The PERMITTEE agrees to construct the Stage 1 Improvements according to the terms <br />and conditions of this Agreement and in accordance with the Plans and the City Code. Per <br />City Code Section 117-615, the PERMITTEE shall provide the CITY with a set of re- <br />producible as -built plans in Computer Aided Drafting (CAD) format upon completion of <br />the Stage 1 Improvements and acceptance by the CITY. As as -built plans are a required <br />Stage I Improvement item per City Code Section 117-615, the CITY will not release in its <br />entirety the required Stage 1 Improvement Financial Guaranty noted in paragraph #12 <br />below until such as -built plans are received by the CITY, and upon provision of such as - <br />built plans, the Financial Guarantee shall immediately and automatically terminate, without <br />need for any supplemental documentation. Additionally, the PERMITTEE agrees to <br />provide to the CITY the plans in CAD format prior to the commencement of construction <br />of the Stage I Improvements. <br />5. Lot Corner Staking. The PERMITTEE must install lot corner stakes at all lot corners. <br />6. Installation of the Stage I Improvements. The PERMITTEE shall obtain all necessary <br />permits from all governmental agencies before commencing construction of the Stage I <br />Improvements, provided that the City acknowledges and agrees that all necessary permits <br />have been obtained as of the date hereof. The PERMITEE must provide the CITY with <br />copies of all necessary permits from other governmental agencies prior to or when the <br />PERMITTEE applies for a building permit to construct improvements on a lot within the <br />Plat. Within thirty (30) days after the completion of the Stage I Improvements, the <br />PERMITTEE shall provide the CITY with a complete set of reproducible "As Built" <br />plans for the Stage 1 Improvements. <br />7. Time of Performance for the Stage I Improvements. The PERMITTEE must complete <br />the Stage I Improvements within one (1) year after the recording of the Plat, subject to <br />extension due to force majeure. <br />8. Ownership of the Stage I Improvements. The PERMITTEE owns the Stage I <br />Improvements until the CITY'S acceptance of the Stage 1 Improvements, expressly <br />excluding items (h) (lot grading), (o) (water shut off boxes), and (p) landscaping (the <br />"Excluded Stage I Improvements"). Title to the Stage I Improvements other than the <br />Excluded Stage 1 Improvements automatically passes to the CITY upon the CITY'S <br />written acceptance of the Stage I Improvements (and, if applicable, issuance of a certificate <br />of occupancy or other certificate of substantial completion shall be deemed the CITY'S <br />written acceptance of the Stage 1 Improvements). Except to the extent the CITY has <br />accepted all or portions of the Stage I Improvements, in writing (or deemed to have <br />accepted same), prior to the lapse, expiration, or other termination of the CITY'S financial <br />guaranty described in Section 12 and except to the extent the CITY and the PERMITTEE <br />may agree, in writing, to defer the CITY'S acceptance of certain specified Stage I <br />Improvements, the CITY is deemed to have accepted the Stage I Improvements when the <br />CITY releases the financial guaranty described in Section 12 or allows such financial <br />guarantee to lapse, expire or otherwise terminate. <br />9. Stage 1 Improvements License. The PERMITTEE hereby grants the CITY and the <br />CITY'S agents, employees, officers, and contractors an irrevocable license to enter the <br />Subject Property to perform all necessary work and/or inspections the CITY deems <br />3 <br />
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