2022-088 Council Resolution - Laserfiche WebLink

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B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate,then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Per the Conditional Use Permit approved by Resolution 22-87, the City will maintain a $5,000 non-interest bearing escrow account provided by the owner that shall be reestablished annually by January 15th. This escrow will be for inspection, erosion control, and other City costs associated with the stockpile. If the above escrow amount is insufficient, the owner shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. D. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty(20) days after receipt of such written notice to it,the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured,the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time Rehbein Site Development Preparation Performance Agreement page 5 of 11