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1996-12-11 - CC Packet
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1996-12-11 - CC Packet
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Willow Glen DRAFT <br /> Development Agreement Revised December 5, 1996 <br /> 3) Land shall be developed in increments of workable size, as determined by <br /> the City, such that adequate erosion and siltation controls as directed by the <br /> Engineer can be provided as construction progresses. The smallest practical <br /> area of land, as determined by the City, shall be exposed at any one period <br /> of time. <br /> 4) Where the topsoil is removed, sufficient arable soils shall be set aside for <br /> respreading over the developed area. The topsoil shall be restored to a <br /> depth of at least four (4) inches and shall be of a quality at least equal to the <br /> soil quality prior to development and the Developer shall install four (4) <br /> inches of topsoil on all boulevards and seed or sod as approved by the City. <br /> The Developer shall make all necessary adjustments to the curb stops to <br /> bring them flush with the topsoil (before occupancy). All disturbed areas <br /> shall be seeded. The quality of the top soil restored shall be equivalent to <br /> the top soil on the development prior to the removal. <br /> d. Inspection All of the work shall be under and subject to the inspection and <br /> approval of the City and the City Engineer and, where appropriate, any other <br /> governmental agency having jurisdiction. <br /> e. Easements The Developer shall make available to the City, at no cost to the <br /> City, all permanent or temporary easements necessary for the installation and use <br /> of the both the Private Impr vements and the Public Improvements, as <br /> determined by the City Engineer. All such easements requested by the City shall <br /> be in writing, in recordable form, and on the standard easement form of the City <br /> and on such other terms and conditions as the City shall determine. The <br /> Developer shall be fully responsible for the recording of such easements. <br /> f. Faithful Performance of Agreement and Letter of Credit The Developer will <br /> fully and faithfully comply with all terms and conditions of any and all contracts <br /> entered into by the Developer for the installation and construction of all Private <br /> Improvements and hereby guarantees the workmanship and materials for a period <br /> of two years following written confirmation by the City that the private <br /> improvements are substantially complete. The Developer agrees to guarantee for <br /> a period of one year the tree plantings required as part of the Developer's <br /> Agreement. Each specific tree guarantee period shall begin with the planting of <br /> each specific tree. Concurrently with the execution hereof by the Developer, the <br /> Developer will furnish to, and at all times thereafter maintain with the City, a <br /> cash deposit, certified check, or an Irrevocable Letter of Credit, based on one <br /> hundred fifty (150 %) percent of the total estimated cost of the Private <br /> Improvements as indicated in Paragraph Al. The Irrevocable Letter of Credit <br /> shall be for the exclusive use and benefit of the City of Centerville and shall state <br /> thereon the same is issued to guarantee and assure performance by the Developer <br /> of all the terms and conditions of this Development Contract and construction of <br /> all required improvements in accordance with the ordinances and specifications <br /> of the City. Such Letter of Credit may be reduced upon substantial completion <br /> 260/084- 2404.oct Page 4 <br />
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