02-28-2005 Council Packet - Laserfiche WebLink

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fr Landscaping. The approved landscaping plan attached to this Agreement as Exhibit E shall be strictly adhered to, with the following conditions: a)The beim along the Public Works site east boundary may be extended as shown on Sheet C2.3 to assist in establishing a buffer to the Lofts; however, any buffer walls, plantings or other improvements shall be located on the Lofts site as shown in the approved General Development Plan. The Developer shall take extraordinary efforts to minimize impacts on existing vegetation and enhance screening and buffering in the area northwest of the Lofts west building. Final landscaping plans shall be subject to the recommendations of Wallace Case as enumerated in his letter dated 11/6/02 as revised or amended per the Memorandum by Tom Kirby dated January 17, 2003. The Homeowners Association(s) shall be responsible for permanent maintenance of landscaping per the Landscaping provisions of the RPUD District. Prior to commencement of each Phase of development. Developer shall provide Landscaping Performance Security for the landscaping associated with that Phase in the form of a Letter of Credit in an amount equal to one and one-half times the value of such landscaping improvements as determined by the City. The letter of credit shall provide for reimbursement to the City of all expenses incurred by the City for engineering, legal, contracting or other fees in connection with making or completing such improvements should the Developer fail to complete them. In the event that construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the Developer and the surety. The Letter of Credit shall be provided prior to the issuance of any residential building pcmiits and shall be valid for a period of time equal to two (2) full growing seasons after the date of installation of the landscaping. The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. Lighting . Site lighting shall adhere to the approved lighting plan attached to this agreement as Exhibit H, Street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Public street lighting along Kelley Parkway shall be installed and maintained by the utility comj any through a standard agreement between the City and the appropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while providing the necessary level of security. Such lighting shall be of a style, number heiglit and location approved by the City Council. Interior street lighting shall be maintained by the homeowners association. Page 4 of 19 Developer Initial /\^f|^