3.0 HRSR 12-07-2015 - Laserfiche WebLink

Home Browse Search

ii. Special Soil Correction Evaluation Criteria. To be eligible for a Soil Correction allowance the extent of the Unsuitable Soils must fall within the following threshold criteria: (i)the soil correction amounts must be substantial; (ii)the soils must not be the surface residue left over from demolition work; (iii)the soils must be located at an excavation depth greater than that required for frost footings; (iv)the soils must be incapable of supporting moderately loaded footings with earthwork required to strip organic surface materials, clearing and grubbing of trees and brush with grading and compaction; (v)the topography of the site must not require cutting and filling to adapt contours of the site to the design of the building; and (vi) the extent and cost of the site preparation work must exceed the extent and costs of such work that is customarily and typically required for projects of similar size and nature. For commercial or industrial sites the following additional criteria apply: (vii) the Soil Correction allowance shall only apply to soils within the building footprint, and (viii) Soil Correction costs for soils under parking lots are specifically prohibited from inclusion in the Soil Correction allowance. If there are design options available for construction of the project that could minimize the need for and costs of Soil Correction, these design options should be considered and undertaken if they are feasible and do not substantially increase development costs. If the Purchaser does not consider these design options or unreasonably disagrees with CPED Staff on the use of these design options, the Purchaser shall not receive a Soil Correction allowance. iii. Soil Correction Escrow Agreement. If approved by the CPED Director or City Council as required herein, the City and the Purchaser shall, at the time of closing on the sale, enter into a Soil Correction Escrow Agreement to pay for Soil Correction costs, not to exceed the amount of the Soil Correction allowance The Soil Correction Escrow allowance shall only be used to reimburse the Purchaser for the actual costs of Soil Correction as authorized by the Soil Correction Escrow Agreement and evidenced by invoices or billings for Soil Correction costs and inspections and approved by CPED Staff. If the total amount of the actual Soil Correction costs is less than the amount of the approved Soil Correction allowance, the remaining balance in the Soil Correction escrow account shall be retained by the City as City proceeds. If the total amount of the actual Soil Correction costs exceeds the amount of the approved Soil Correction allowance, those Soil Correction costs in excess of the Soil Correction allowance shall be the sole responsibility of the Purchaser, unless funds for such purpose are specifically approved by the City Council. If the amount of the Soil Correction costs have been agreed to be paid and have been paid for by the Purchaser prior to the conveyance of the Development Property, the Soil Correction allowance shall be deducted from the Purchase Price at the closing. iv. After Conveyance Soil Correction Allowance. If after the conveyance of the Development Property to a Purchaser it is discovered that the Development Property contains Unsuitable Soils, which, in CPED Staff's professional opinion, would have qualified for a Soil Correction allowance as permitted by this Section III(C)(4), then, upon a written request from the Purchaser, Project Coordinator shall prepare a Soil Correction Report for approval by the CPED Director or the City Council as required herein. If the CPED Director or City Council approves a Soil Correction allowance as required herein, the City and the Purchaser shall promptly enter into a Soil Correction Escrow Agreement as described in this Section III(C)(4), for the reimbursement of Soil Correction costs. Updated as of 10/6/04 9