July 5, 2006 CCP - Laserfiche WebLink

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B. the dedication or conveyance of the public trail easement; and C. the construction of the public trailway per plans approved by the City Engineer at a cost to the Developer of $24,000. 4.09 Inspection. The City, through its City Engineer, shall provide for competent inspection during construction of publicly dedicated infrastructure and private waste water treatment systems/drain fields. The Developer shall pay the City the amount of $30,000 to compensate the City for construction inspection services. The City Engineer shall provide continuous inspections at the site to ensure that the Developer and its contractors are in compliance with the terms of this Agreement, and with the infrastructure design standards of the City. The City Engineer shall be provided a minimum of 24 hours notice prior to the commencement of underground pipe laying; and prior to subgrade, gravel base, and bituminous surface construction. Developer's failure to comply with the terms of this section shall permit the City Engineer to issue a stop work order which may result in rejection of the work and which shall obligate the Developer to take all reasonable steps, as directed by the City's Engineer, to insure that the improvements are constructed and inspected pursuant to the terms of this Agreement; and shall further result in the assessment of a penalty in an amount equal to 1%, per occurrence, of the amount of security required in Section 4.03 of this Agreement. 4.10 Prior Land Occupancy. No Certificate of Occupancy shall be issued for any homes until the first course of a public street is completed and approved by the City Engineer, and the developer has provided the City a certified "as built" of the mass grading of the site which complies with the approved grading plan. If homes are occupied prior to completion of street improvements and acceptance by the City, Developer shall provide all maintenance necessary for such streets including snowplowing, until final acceptance by the City. 4.11 Binding Effect. The terms and provisions of this agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property. This Agreement, at the option of the City, shall be placed of record so as to give notice thereto to any subsequent purchasers and encumbrancers of all or any part of the Property and all recording fees, if any, shall be paid by the Developer. 4.12 Notices. Whenever in this Agreement notice is required to be given by one party to the other, such notice shall be delivered personally or shall