CCP 09-23-2014 - Laserfiche WebLink

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9. LANDSCAPING. APi shall be responsible for the landscaping improvements. APi shall install all landscaping in accordance with the Site Plan. Each lot shall have a minimum of three (3) inches of topsoil. The front yard shall be seeded or sodded, including the boulevard. Weather permitting, the trees, sod, and seeding shall be planted prior to issuance of a temporary Certificate of Occupancy, provided that if construction is completed between October 1 and April 30, then APi shall complete landscaping on or before the following June 30 following issuance of a temporary certificate of occupancy. A final Certificate of Occupancy will not be issued until such time as the landscaping is completed. In the event that weather conditions prohibit the installation of such landscaping, a deposit in an amount determined by the City Engineer shall be added to funds on deposit under Section 13.C. The City reserves the right to expend such funds to insure completion of the improvements. 10. OUTLOT B INFILTRATION BASIN PLAN. APi will be responsible for any and all costs associated with changes or modifications to the infiltration basin located within Outlot B, The View Apartments at Long Lake plat as shown on the Basin Plan attached as Exhibit 2 to this Agreement. This includes, but is not limited to, costs related to construction or physical modifications to the basin, as well as costs for engineering or similarly related services necessary to implement such changes. The work includes, but is not limited to the following: A. All work associated with the construction of an outlet pipe. B. All work associated with the construction of the draintile and filtration shelf. C. All work associated with connecting into the existing 27 -inch RCP storm sewer. D. All trail restoration and landscaping. (the "Infiltration Work"). The City is the fee owner of Outlot B, The View Apartments at Long Lake ( "Outlot B "). City grants APi, and its agents, officers, contractors and employees, the right to access Outlot B at all times commencing upon application of a building permit, subject to the review and approval of the City, in order to construct and complete the Infiltration Work. Such access rights shall terminate upon the earlier to occur of. (a) the completion and acceptance by the City of the Infiltration Work; or (b) the date to complete the Minimum Improvements as set forth in Section 5.4 of the Redevelopment Agreement. (the "Infiltration Completion Date "). APi shall indemnify, protect, defend and hold the City, its elected officials, employees and agents harmless from and against any and all losses, damages, claims, causes of action, judgments, damages, costs and expenses (including reasonable attorneys' fees and court costs) that City, its elected officials, employees and agents suffer or incur as a result of, or connected or related in any manner to the Infiltration Work. The Infiltration Work shall be completed within the time frame set forth for Minimum Improvements in Section 5.4 of the Redevelopment Agreement. APi shall promptly pay