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Last modified
7/17/2007 12:13:48 PM
Creation date
12/8/2004 1:20:07 PM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2823
Planning Files - Type
Division of Land
Address
350 OWASSO BLVD S
Applicant
TSCHIDA, FRANK
Status
APPROVED
PIN
012923130090
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<br />13. Plantinl and Seeding. Prior to the City allowing occupancy, the Developer shall plant <br />one (1) two-inch caliper deciduous tree on each street frontage of each lot according to <br />the City's Master Street Tree Plan and the Developer shall also sod the boulevards, all at <br />its own cost. <br /> <br />14. Clean up. The Developer shall clean dirt and debris from streets that has resulted from <br />construction work by the Developer, its agents or assigns. The City will inspect the site <br />on a weekly basis and determine whether it is necessary to take additional measures to <br />clean dirt and debris from the streets. After 24 hours verbal notice to the developer, the <br />City will complete or contract to complete the clean-up at the Developer's expense, as per <br />the conditions under Paragraph 17. <br /> <br />15. Ownership of Improvements. Upon completion and City acceptance of the work and <br />construction required by this Contract, the public improvements lying within public <br />rights-of-way and easements shall become City property without further notice or action. <br /> <br />16. Warranty. The Developer warranties all work required to be performed by it against <br />poor material and faulty workmanship for a period of two (2) years after its completion <br />and acceptance by the City. All trees, grass and sod shall be warranted to be alive, of <br />good quality and disease free for twelve (12) months after planting. The Developer shall <br />post maintenance bonds or other security acceptable to the City to secure the warranties. <br /> <br />17. Responsibility for Costs. <br /> <br />A. Except as otherwise specified herein, the Developer shall pay all costs incurred by <br />it or the City in conjunction with the development of the plat including, but not <br />limited to, Soil and Water Conservation District charges, legal, planning, <br />engineering and inspection expenses incurred in connection with approval and <br />acceptance of the plat, the preparation of this Contract, and all costs and expenses <br />incurred by the City in monitoring and inspecting development of the plat. <br /> <br />B. The Developer shall hold the City and its officers and employees harmless from <br />claims made by itself and third parties for damages sustained or costs incurred <br />resulting from plat approval and development. The Developer shall indemnify the <br />City and its officers and employees for all costs, damages or expenses which the <br />City may payor incur in consequence of such claims, including attorney's fees. <br /> <br />C. The Developer shall reimburse the City for costs incurred in the enforcement of <br />this Contract, including engineering and attorney's fees. <br /> <br />D. The Developer shall pay, or cause to be paid when due, and in any event before <br />any penalty is attached, all special assessments referred to in this Contract. This <br />is a personal obligation of the Developer, Virginia and Frank Tschida, and shall <br /> <br />5 <br />
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