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08-22-2012 Council Agenda
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08-22-2012 Council Agenda
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Yorkton Ridge Estates Development Contract <br />placement. Failure to comply with this provision will result in the City undertaking this <br />work with costs to be reimbursed by Developer pursuant to Paragraphs #'s 11 & 12. <br />18. The Developer shall cause to be performed to the City Engineer's satisfaction all finish <br />grading, on each lot of the plat and shall maintain said grading until a Certificate of <br />Occupancy is issued for each respective lot within the Plat. During this period the <br />Developer shall prevent erosion by wind and water to the pursuant to the approved Storm <br />Water Pollution Prevention Plan (SWPPP), as outlined on the approved Grading Plan, <br />and to the City Engineer's satisfaction. The Developer shall prepare an as -built survey, <br />which verifies elevations of each structure constructed as each parcel is developed. <br />Should Developer sell any lots to a third party prior to the construction of a principal <br />dwelling unit on any lot within the Development, then Developer shall require the third <br />party to assume these same responsibilities as a condition of the purchase agreement. <br />The developer shall also include an additional provision in the third party purchase <br />agreement that indicates the third party's understanding that should they fail to comply <br />with any of the provisions delineated in this section, the third party understands that the <br />City will withhold the certificate of occupancy until these provision are fully complied <br />with and that the third party is subject to any fines and penalties that said violations may <br />generate. Finally, the Developer shalt attach a copy of this Development Agreement <br />including the approved Grading Plan to the third party purchase agreement to ensure full <br />disclosure of this requirement to the third party. <br />19. The Developer shall install Plat monuments prior to the issuance of any building permits <br />within the Plat. Said monuments shall be installed and certified by a registered land <br />surveyor. Monument locations must thereafter be verified prior to the issuance of any <br />Certificates of Occupancy for houses constructed within the development. <br />20. Developer acknowledges the City's Engineer, at Developer's expense, shall inspect the <br />construction of Required Improvements for the purpose of ensuring the project is <br />constructed in accordance with the approved plans and specifications and to certify same <br />and recommend acceptance by City. Developer shall also be responsible for the cost of <br />complete construction staking for the project at Developer's expense. <br />Required Improvements <br />21. The Required Improvements include: grading and drainage improvements for the lots <br />created, construction of necessary rain water gardens as outlined in the Engineer's letter <br />of June 7, 2012; attached hereto as Exhibit D, and the construction of water main and <br />services, as needed to serve the new lots; All such Required Improvements shall be <br />completed prior to any certificates of occupancy for homes constructed on the newly <br />platted lots with the costs of all work to be at Developer's expense. Original plans or <br />subsequent changes for said Required Improvements shall be provided to the City <br />Engineer and shall be in accordance with City specifications and standards. <br />Easements <br />22. Developer shall acquire and dedicate easements as necessary for the construction and <br />maintenance of the Required Improvements pursuant to City requirements, including, but <br />_4_ <br />5 <br />
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