03-08-1999 Council Packet - Laserfiche WebLink

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City, within said one-year period provided notice thereof be given by the City within 30 days after said on-year period. Subdivider shall provide to the City a letter of credit to assure compliance with this provision as provided in paragraph 5 below. The City, through its engineer, shall provide for competent inspections of all Plan A Public Improvements consistent with standard City policies and practices for public improvement projects. The consulting City Engneer will be retained by the City for plan review and construction monitoring services for completion of both public and private improvements. The purpose of the City Engineer construction monitoring services will be to verify that the competent construction inspection services provided by the Subdivider are adequate to ensure compliance with the plans and specifications. The City Engineer construction monitoring services shall not diminish the Subdivider’s responsibility to provide competent construction inspection. The Subdivider shall be responsible for payment to the City for all engineering costs associated with completion of improvements of this project. 4. Plan B Improvements. A. B Subdivider's Obligations. The City and Subdivider hereby agree that the City reserves the exclusive right to order the construction or installation of the Plan B improvements, Livingston Avenue extension, following legal and financial assurances. The Subdivider agrees to provide for completion of Plan B improvements, if so ordered by the City. General Procedures . Upon receipt of a future plat application to develop the adjacent parcel, the City Council may at its sole discretion order the Plan B Improvements to be constructed. The platted right-of-way for the Livingston Avenue extension is not being opened for a public street with the final plat for this Subdivision. City Council approval of opening this right- of-way extension shall be required before ordering the Plan B Improvements. 5. Plan A Improvements Construction Security . A.Letter of Credit. Subdivider will deposit with the City an irrevocable letter of credit in a form satisfactory to the City in at least said amount, providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Plan A Improvements. The amounts required for letter of credit are set forth in Exhibit E attached hereto. The City Council may authorize reduction of the amount of such letter of credit as completion of the Plan A Improvement progresses, based upon recommendations by the City Engineer