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Agenda - Council - 10/13/2026
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Agenda - Council - 10/13/2026
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10/23/2026 9:16:09 AM
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Council
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10/13/2026
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At the end of the two (2) year period, the PERMITTEE shall contact the CITY to schedule a final <br />inspection of the landscaping. The determination that all plantings that have been planted in <br />accordance with the Plans have either survived or have been replaced shall be made by the CITY. <br />Upon approval of the final landscape inspection by the CITY, the Maintenance Guaranty shall be <br />returned to the PERMITTEE. In the event the PERMITTEE fails to maintain the required <br />plantings for a two (2) year period, the City Council may order the replacement of plantings with <br />CITY day labor and/or by letting contracts and draw upon the Maintenance Guaranty for payment. <br />Only the City Council shall have the authority to direct replacement of the plantings and withdraw <br />from the Maintenance Guaranty. The PERMITTEE hereby grants permission and a license to the <br />CITY and/or its contractors and assigns to enter upon the Subject Property for the purpose of <br />replacing plantings in the event of the PERMITTEE default. <br />SECTION V <br />GENERAL <br />14. Easement Document. The PERMITTEE shall sign a cross -access and maintenance easement <br />document regarding the shared access roadway along the west side of the Subject Property. This <br />document must be recorded against all parcels affected. <br />15. As -Built Record Plan. Per City Code Section 117-615(17), upon completion of the installation of <br />the Required Improvements, the PERMITTEE shall provide the CITY with copies of plans and <br />specifications showing the Required Improvements as finally constructed and installed, in both <br />digital (CAD) and paper form (PDF), as required by the CITY. Such as -built plans shall be certified <br />as true and accurate by the registered engineer responsible for the installation of the Required <br />Improvements. <br />16. "Acceptance" means written acceptance of the Required Improvements by the CITY after the <br />CITY determines that: (a) the Required Improvements have been completed in accordance with <br />the approved Plans, specifications, this Agreement, and applicable City standards; (b) all required <br />inspections, testing, and sewer televising have been completed and accepted; (c) all punch -list items <br />have been corrected; and (d) complete as -built plans and all other required closeout documents <br />have been submitted and accepted. <br />17. Survey Monumentation. The PERMITTEE must protect all lot corner stakes and survey <br />monumentation at all lot corners. <br />18. Preconstruction Meeting. The PERMITTEE shall schedule and hold a pre -construction meeting <br />with the City Engineer prior to commencing site work. <br />19. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas <br />disturbed by the development grading operation in accordance with the approved erosion and <br />sediment control plan. The PERMITTEE shall also be responsible for the cost of cleaning any <br />soil, earth or debris from the wetlands within and adjacent to the Subject Property resulting from <br />grading performed in the development of the land. <br />20. Construction Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating <br />to, but not limited to, dumping of garbage, site development, construction debris, open burning, <br />etc. <br />Harlow Beckett Enterprises (Scooter's Coffee) <br />Development Agreement <br />Page 5 of 9 <br />
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