Agenda Packets - 2004/08/09 - Laserfiche WebLink

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ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to construct the Improvements, including the grading, drainage, landscaping and other improvements required by City ordinance for development of the Property. The Improvements are more fully described in the site plans, preliminary plat and specifications approved by the City (the "Plans"). A final copy of the Plans must be filed with the City prior to commencement of construction of the Improvements. All labor and work performed by the Developer in connection with construction of the Improvements will be done and performed in the best and most worker-like manner and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. Construction of the Improvements shall be completed no later as set forth in Section 2.04 of this Agreement. Prior to initiating construction of the Improvements, the Developer shall hold a pre-construction meeting with the City to review and resolve any issues involving the construction of the Improvements. 2.02. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all permits, licenses, and approvals required in connection with construction of the Improvements, and all easements and licenses necessary for access to the Property and construction of the Improvements. The Developer shall meet in a timely manner the requirements of all applicable local, state, and federal laws and regulations which must be met before the Improvements may be lawfully constructed. Specifically, prior to obtaining any building permits or grading permits as required under this Section 2.02 or otherwise, the Developer shall complete the following requirements: satisfy and comply with all City Engineer requirements and conditions regarding the Plans; complete all requirements set forth in Section 3.01 of this Agreement regarding the plat of Velmeir CVS Addition. 2.03. Staking, Surveying, and Inspections. The Developer must provide for all staking, surveying and inspections for the Improvements in order to ensure that the completed Improvements conform to the Plans. The City will provide for general inspection, at the Developer’s expense, on a basis that it determines necessary and appropriate within its sole discretion. The Developer must notify the City in advance of all tests to be performed regarding the Improvements. 2.04. Time for Developer's Performance: General Provision. The Developer agrees that it will commence work on the Improvements on or before August 31, 2004, and shall complete the Improvements on or before August 31, 2005. In the event of a “phased” construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. The City may at its discretion extend the dates specified in this Section 2.04 upon receipt of written notice from the Developer of the existence of causes which will delay the completion of the Improvements if such causes are ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If an extension of the date of completion of the Improvements is granted by the City, the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time.