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08-11-2014 CC
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08-11-2014 CC
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Last modified
1/28/2025 4:49:31 PM
Creation date
6/20/2018 2:39:18 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
8/11/2014
Supplemental fields
City Council Document Type
City Council Packets
Date
8/11/2014
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2.04 Easements: Before approval of the final plat, and at anytime determined necessary by the City <br />therefore, the Developer shall dedicate to the City, at no cost, all temporary easements necessary for <br />the construction of the Improvements as determined by the City. All such easements required by the <br />City shall be provided on City easement documents, containing such terms and conditions, as the <br />City shall determine. All permanent easements necessary for the installation and maintenance of the <br />Improvements shall be shown on the final plat and be granted to the City upon recordation of said <br />plat. After recordation of said plat, the Developer shall provide on an amended final plat to the City, <br />additional easements necessitated by changes to utility or grading design and such easements shall be <br />granted to the City upon recordation of said plat. <br /> <br />2.05. Time for Developer's Performance: General Provision. The Developer agrees that it will <br />commence work on the Improvements no later than 30 days after the date of the City issuing the <br />permits and shall complete the Improvements no later than eighteen (18) months after the date of <br />permit issuance. In the event of a “phased” construction schedule, each phase shall be subject to its <br />own timeline based upon the date of issuance of the building permit. The City may, at its discretion, <br />extend the timeline specified in this Section 2.03 upon receipt of written notice from the Developer <br />of the existence of causes that will delay the completion of the Improvements if such causes are ones <br />over which the Developer has no control and which could not have been reasonably foreseen by the <br />Developer. If the City grants an extension of the date of completion of the Improvements, the <br />Developer must continue the performance bond required by this Agreement to cover the work during <br />the extension of time. <br /> <br />2.06. Additional Work or Materials. Construction of the Improvements shall be done by the <br />Developer. The Improvements shall be constructed at no expense to the City. The Developer shall <br />not do any work or furnish any materials for which reimbursement is expected from the City, unless <br />such work is first ordered and reimbursement is approved by the City. Any work or materials that is <br />done or furnished by the Developer without prior written order is furnished at the Developer’s risk, <br />cost and expense, and the Developer agrees that it will make no claim for compensation for work or <br />materials so done or furnished. <br /> <br />2.07. Financial Guarantee. Prior to commencement of construction of the Improvements, the <br />Developer agrees to furnish the City a performance bond, certified check, certificate of deposit, <br />irrevocable letter of credit from a bank or cash escrow in the amount of $20,000 to guarantee <br />construction of the Improvements and satisfaction of this Agreement (the “Financial Guarantee”), as <br />determined by the Director of Public Works. Upon failure of Developer to perform, the City may <br />declare the Developer to be in default under this Agreement and, upon failure of the Developer to <br />cure the default within 30 days of written notice, may demand the Financial Guarantee be paid over <br />to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any <br />attorneys’ fees, engineering fees or other technical, administrative or professional assistance, and the <br />remainder thereof shall be used by the City to complete the Improvements. The Developer shall be <br />liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its <br />costs and pay for the completion of the Improvements. <br /> <br />The bank and form of Financial Guarantee shall be subject to the approval of the City. The Financial <br />Guarantee shall be automatically renewable until the City releases the Developer from responsibility. <br />The Financial Guarantee shall secure compliance with the terms of this Agreement and all <br />obligations of the Developer under it. The City may draw down on the Financial Guarantee without <br /> <br /> <br />9 <br />
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