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1999-05-12
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1999-05-12
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12/21/2009 2:43:10 PM
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ii. Erosion and siltation control measures shall be coordinated with <br /> the difference stages of development. Appropriate control <br /> measures as required by the City shall be installed prior to <br /> development when necessary to control erosion. <br /> iii. Land shall be developed in increments of workable size, as <br /> determined by the City, such that adequate erosion and siltation <br /> controls as directed by the engineer can be provided as <br /> construction progresses. The smallest practical area of land, as <br /> determined by the City, shall be exposed at any one period of time. <br /> iv. Where the topsoil is removed, sufficient arable soils shall be set <br /> aside for respreading over the developed area. The topsoil shall be <br /> restored to a depth of at least four (4) inches and shall be of a <br /> quality at least equal to the soil quality prior to development. The <br /> Developer shall also install four (4) inches of topsoil on all <br /> boulevards and seed or sod as approved by the City. The <br /> Developer shall make all necessary adjustments to the curb stops to <br /> bring them flush with the topsoil (before occupancy). All <br /> disturbed areas shall be seeded. <br /> d. Inspection. Al} of the work shall be under and subject to the inspection <br /> and approval of the City, City Engineer, and where appropriate, any other <br /> governmental agency having jurisdiction. <br /> e. Faithful Performance of Construction Contracts and Letter of Credit. The <br /> Developer will fully and faithfully comply with all terms and conditions of <br /> any and all contracts entered into by the Developer for the installation and <br /> construction of all Private Improvements and hereby guarantees the <br /> workmanship and materials for a period oftwo years following the City's <br /> final acceptance of the Private Improvements. The Developer agrees to <br /> guaranty for a period of one year the tree plantings required as part of the <br /> Developer's Agreement. Each specific tree guaranty period shall begin <br /> with the planting of each specific tree. Concurrently with the execution <br /> hereof by the Developer, the Developer will furnish to, and at all times <br /> thereafter maintain with the City, a cash deposit, certified check, or an <br /> Irrevocable Letter of Credit, based on one hundred fifty percent (150 %) of <br /> the total estimated cost of the Private Improvements as indicated in <br /> Paragraph B 1. The Irrevocable Letter of Credit shall be for the exclusive <br /> use and benefit of the City of Centerville and shall state thereon the same <br /> is issued to guaranty and assure performance by the Developer of all the <br /> terms and conditions of Paragraph B1 of this Development Contract. Such <br /> Letter of Credit may be reduced upon completion and acceptance of the <br /> Private Improvements by the City to an amount deemed adequate by the <br /> City Engineer to cover the two year warranty period described herein. <br /> The City shall have the right during said warrant period to draw on the <br /> 4 <br />
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