04-27-2022 Council Packet - Laserfiche WebLink

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10 erosion. The CITY may, without notice draw upon any posted financial guarantee to pay costs incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CITY's option, assess the additional costs as part of the DEVELOPER IMPROVEMENTS. 4.18. TRANSFER OF RESPONSIBILITY. The DEVELOPER must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any lot purchaser or BUILDER of a home on any lot within the FINAL PLAT. Notwithstanding the foregoing, it is agreed that the DEVELOPER may transfer its responsibility for sod installation, provided DEVELOPER remains liable for the performance thereof and it is understood and agreed that upon transfer of the NPDES permit to the BUILDER or buyer of an individual lot, all responsibilities subsumed under the said NPDES permit specific to the subject lot shall, thereafter, be the BUILDER'S or buyer's responsibility and not DEVELOPER'S responsibility. 4.19. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within the FINAL PLAT any weeds, grass, brush, or other rank vegetation to a height greater than eight (8) inches, or permit any accumulation of dead weeds, grass or brush. DEVELOPER shall maintain the land that will be deeded to the CITY for public purposes until the time of conveyance. In the event the DEVELOPER fails to comply with this provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed against the property that is in violation. ARTICLE 5 PARK CONTRIBUTION REQUIREMENTS 5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication requirements as defined in the City Code and the approved Zoning requirements. The DEVELOPER shall deed Outlot A to the CITY as identified in Exhibit D for public park, open space and stormwater management purposes. Developer shall pay $3,675 per lot for park dedication based on the 2022 Fee Schedule. Total Park Dedication required shall be $55,125.00. All required warranty deeds shall be recorded with the FINAL PLAT. ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES, as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the DEVELOPER.