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11-28-2016 Council Packet
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11-28-2016 Council Packet
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properties for the direct cost of such maintenance. Upon completion of the Improvements, the City shall <br />inspect the Improvements and notify Developer if any of the Improvements do not conform to the <br />requirements of this Contract. <br />18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION <br />OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering <br />administration will include monitoring of construction observation, consultation with Developer and its <br />engineer on status or problems regarding the project, coordination for final inspection and acceptance, <br />project monitoring during the warranty period, and processing of requests for reduction in the "security." <br />Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. <br />19. ENGINEERING, OVERSIGHT, AND EROSION CONTROL ESCROW. <br />Contemporaneously with the execution of this Agreement, the Developer shall deposit <br />$10,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to <br />reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to <br />guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, <br />engineering oversight, or legal consultant review) the City has incurred or will incur related to the <br />Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is <br />completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City <br />Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions <br />associated with the work and to repair any damage to public property or infrastructure that is caused by <br />the work associated with this Agreement, if compliance with the terms of this Agreement are not <br />accomplished. As the City receives consultant bills for incurred costs, the City will in turn send a bill to <br />the Developer. The Developer shall be responsible for payment to the City within 30 days of the <br />Developer's receipt of bill. In the event that the Developer does not make payment to the City within the <br />timeframe outlined in this Section, the City may immediately draw from the escrow account without <br />further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the <br />188905v1 7 <br />
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