3.6. SR 10-16-2006 - Laserfiche WebLink

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Developer Agreement Trott Brook Farms 12th Page 5 identified in the Cost estimate form attached as EXHIBIT D hereto, except as may otherwise be set forth in this Agreement The installation of the Improvements shall be subject to review, approval, inspection and authorization by the City and/or its consulting engineer, as provided in this agreement. (02) Deadline for Performance by Developer - Except as otherwise provided herein, Developer agrees to complete all Improvements and perform all other acts as are required by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of this Agreement, and resolution No. 06 - 83 and to do so on or before December 31, 2008. (03) Approval of Contractor - The City reserves the right to approve any contractor selected by the Developer. (04) Construction Plans - The construction, installation, materials and equipment shall be in accordance with plans and specifications approved by the City Engineer. Such plans and specifications shall be based upon such engineering surveys, including soil borings and material tests, determined to be necessary by the City Engineer. (05) Supervision and City Services - Construction and installation plans and activity shall be reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to inform the City's representatives of the schedule to complete the Improvements as required in the approvals. City shall inspect all Improvements during and after construction for compliance with approved specifications. Developer will notify the City Engineer or his designee at such times during construction as the City Engineer requires for inspection purposes. (06) City Costs - Developer shall reimburse the City for all the City's costs and expenses incurred in the processing of the Subdivision and for review of plans and construction observation, which compensation shall be due and payable to the City within thirty (30) days following the receipt of a statement therefore. To assist in the timely reimbursement of these costs and expenses, the Developer shall escrow funds in the amount of $23,804.82 (five (5) percent of the estimated cost of the Improvements, as set forth in EXHIBIT D), to be applied to the City's costs and expenses. (07) Easements - The Developer shall convey to the City, prior to the final approval of plans and specifications and at no cost to the City, all permanent and temporary easements for the installation and maintenance of all Improvements determined to be necessary by the City. All such easements shall be in recordable form acceptable to the City and contain such terms and conditions as the City may prescribe. (08) Insurance - Developer shall cause each contractor engaged in the construction and installation of any Improvement to furnish the City with evidence acceptable to the City showing insurance coverage (including workers' compensation, liability and property damage) in such amounts as are required for City construction contracts. Developer shall also maintain adequate liability insurance for public use of Streets, Sidewalk and other Improvements until such time as those Improvements are completed and accepted by City as provided herein, and shall hold the City harmless and indemnify the City from any liability arising out of the public's use of said Improvements until such time as those Improvements are accepted by the City as provided herein. (09) Faithful Performance of Construction Contracts - Developer will fully and faithfully perform the installation and construction of the Improvements in accordance with the S:\PLANNING\Case Files\2006\Plat\P 06-11 Trott Brook Farms 12th\Trott Brook 12 Development Agreement.DOC