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07-28-2004 Council Agenda
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07-28-2004 Council Agenda
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Hidden Acres <br />Development Contract <br />as delineated by City Resolution Number 2004 -5 -100 and any City resolution associated with <br />final plat approval granted on July 28, 2004. Said surety shall be immediately available for <br />City's use to complete part or all of the construction in a timely and satisfactory manner, as <br />determined in the sole discretion of City. Said surety shall remain in full force and effect until <br />completion and acceptance of the Required Improvements based on the sole determination of <br />City. After the first lift of asphalt is applied to the streets and approved by the City Engineer, the <br />financial security may be reduced to an amount equal to the cost of the final lift of asphalt and <br />any remaining utility work to be done to complete Nadeau Road multiplied by 150 %. <br />12. The Developer agrees that the terns of the financial security shall be deemed to <br />have been violated if the Developer fails to perform any of the terms of this Contract in the <br />manner required by the City. Determination of a violation of the terms of the Contract shall be <br />in the sole discretion of the City. The financial security shall be immediately available for use by <br />the City to complete part or all of the Required Improvements in the event this agreement is <br />breached or the Required Improvements are not completed in an acceptable or timely manner, as <br />determined in the sole discretion of the City. The City shall have the right to enter upon the <br />property to inspect work or complete all or a portion of the Required Improvements as necessary. <br />In the event the City does any such work, the City may, in addition to its other remedies, assess <br />its costs in whole or in part. <br />13. WAC and SAC charges will become due with each building permit. <br />14. Park dedication fees will be payable at the time of the building permit application <br />for each lot within the development based on the fee in effect at the time of the building permit <br />application. <br />15. The Developer has deposited with the City five thousand dollars ($5,000), from <br />which any and all costs and expenses incurred by the City, in any way related to this Contract, <br />including, but not limited to, planning and engineering fees, legal fees, City staff time, cost of <br />acquisition of any easements, shall be paid. Cost for City stab time expended in conjunction <br />with this Contract are expected to equal two and one half percent (2.5 %) of the construction cost <br />-4- <br />
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