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01-22-2018 Council Meeting Packet
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01-22-2018 Council Meeting Packet
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All Seasons Rental <br />Development Agreement <br />January 22, 2018 <br /> page 8 <br /> <br />City Water (CWAC) $1,360.00 Per SAC Unit <br /> <br />An estimate of the total charge is specified in Exhibit C. <br />g. Surface Water Management Area Charges <br />The City established a trunk area charge to uniformly distribute the costs of <br />public trunk surface water infrastructure and water quality improvements. The <br />Surface Water Management Charge shall be based on developable acreage, in <br />the amount specified in Exhibit C. <br />17. Assessment of Charges and Waiver of Rights. <br />a. In consideration of the construction of City Improvements listed in Paragraph 8 <br />and /or provision of sewer, water and storm water services, the Developer <br />agrees that the costs of City Improvements together with Trunk Sewer Unit <br />Charge, Trunk Water Unit Charge and the Surface Water Management Area <br />Charge (collectively, “the Charges”) may be assessed against the Subdivision <br />parcels. The Developer hereby waives any and all procedural and substantive <br />objections to the special assessments, including notice and hearing <br />requirements, any claim that the assessments exceed the benefit to the <br />properties, and any right to appeal. <br />b. Unless the Developer pays the entire balance owed for the Charges <br />contemporaneously with the execution of this Agreement, the Developer shall <br />provide to the City a cash escrow or irrevocable letter of credit in an amount <br />equal to 35% of the total assessments for the Charges as estimated by the City <br />Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, <br />as approved by the City. The letter of credit or cash escrow may be used by the <br />City upon default by Developer in the payment of special assessments. The cash <br />escrow or letter of credit shall remain in place throughout the term of the special <br />assessments. The letter of credit may not be terminated without the City’s <br />written consent. <br />c. Developer, its heirs, successors or assigns, agrees that within 30 days after the <br />date of sale of a lot, the Developer, its heirs, successors or assigns, at its own <br />cost and expense, shall pay the entire unpaid charges assessed or to be assessed <br />under this agreement against such property. <br />d. If a certificate of occupancy is issued before the special assessments have been <br />levied, the Developer, its heirs, successors or assigns shall pay the City the sum <br />of cash equal to 120% of the Engineer's estimate of the special assessments for <br />such Charges that would be levied against the property. Upon such payment the
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