2021-10-13 CC Packet - Laserfiche WebLink

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the Final Plat shall indicate an easement in favor of the Public for storm water use, access, and maintenance. However, the Developer shall maintain ponds and other erosion control measures until the development is complete in conformance with this Agreement, and provided that the engineer for Developer shall certify that the ponds have been cleaned and provide the designed holding capacity prior to the City certifying the ponds. All of the easements set forth in this Section must be reduced to writing and recorded on the Final Plat. 17. SUPERIOR RIGHT OF TITLE. The Developer agrees, and shall not cause any mortgage, lien, easement, covenant, or other encumbrance on title to the Land to be superior to any right or title the Developer grants to the City for an easement, this Agreement, or any feature included on the Final Plat, including covenants for the maintenance of common open space, except by an express written authorization approved by the City Council. 18. ADMINISTRATION COSTS. The Developer shall reimburse the City for all of reasonable actual out-of-pocket expenses for this development including, but not limited to expenses incurred for legal, planning, engineering services, development agreement compliance and inspection services. The Developer shall deposit $20,000 and maintain with the City a minimum of $10,000 cash escrow for payment of these accrued or future costs in the amounts listed in city code. The City shall draw against the escrow to reimburse itself for all such costs and upon request shall provide the Developer with a detailed report itemizing all costs charged to the Developer by date, hourly rate (if applicable), time in tenths of hours spent, and description of the work or services performed. The Developer agrees that the City has the right to request additional -of-pocket costs and replenish such escrow. All billings by the City incurred after the execution of this Agreement must be presented within 90 days of the date of service. Unless excused by the City Council, the Developer shall maintain the escrow for a period of one-year after either the termination of this agreement or completion of all construction and landscaping, whichever is a longer period. Charges against the cash escrow shall be reconciled within 90 days of the installation of the wearing course of blacktop. Version 10/11/2021 Page 11