08-22-2012 Council Agenda - Laserfiche WebLink

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Yorkton Ridge Estates Development Contract as determined in the sole discretion of City. Said surety shall remain in full force and effect until completion and acceptance of the Required Improvements and after final grading of the lots for each new home constructed based on the sole determination of City. 12. The Developer agrees that the terms of the financial security shall be deemed to have been violated if the Developer fails to perform any of the terms of this Contract in the manner required by the City. Determination of a violation of the terms of the Contract shall be in the sole discretion of the City. The financial security shall be immediately available for use by the City to complete part or all of the Required Improvements in the event this agreement is breached or the Required Improvements are not completed in an acceptable or timely manner, as determined in the sole discretion of the City. The City shall have the right to enter upon the property to inspect work or complete all or a portion of the Required Improvements as necessary. In the event the City does any such work, the City may, in addition to its other remedies, assess its costs in whole or in part. 13. WAC and SAC charges will become due with each building permit based on the fee in effect at the time of the building permit application. 14. Park dedication fees will be payable at the time of the building permit application for each lot within the development based on the fee in effect at the time of the building permit application. 15. The Developer shall deposit with the City five thousand dollars ($5,000), from which any and all costs and expenses incurred by the City, in any way related to this Contract, including, but not limited to, planning and engineering fees, legal fees, City staff time, cost of acquisition of easements, if any, shall be paid. Cost for City staff time expended in conjunction with this Contract are expected to equal two and one half percent (2.5 %) of the construction cost involved in the Contract with a minimum charge of One Thousand Dollars ($1,000.00). Said fee can be increased or reduced in the sole discretion of the City, should staff time required vary dramatically from this estimate. This provision is consistent with an agreement between the City and Developer, dated May 22, 2012, which is attached hereto and incorporated herein as Exhibit B. Engineering 16. The Developer shall cause to be constructed, at its cost and its own risk, the Required Improvements according to City standards. All of the Grading and Drainage Improvements shall be approved by the City and shall be consistent with the Final Plat and the Grading Plan dated May of 2012, subject to any revisions required by the City Engineer. A copy of said plans are attached hereto and incorporated herein as Exhibit C. 17. Developer or their agents or assigns, shall comply with all provisions of the Storm Water Pollution Prevention Plan (SWPPP) as outlined on the approved Grading Plan, including but not limited to keeping the public streets clear of any soil, earth or debris resulting from work done by Developer or his agents or assigns. Any such materials must be promptly removed and in no event shall they be present more than 24 hours after _3_ 4