Agenda - Council - 04/27/2010 - Laserfiche WebLink

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15. License. The DEVELOPER hereby grants the CITY, its agents, employees, officers and contractors, a license to enter the Plat to perform all necessary work and/or inspections deemed appropriate by the CITY during the installation of Stage I Improvements by the CITY. The license shall expire after the Stage I Improvements installed pursuant to this Contract have been installed and accepted by the CITY. 16. Clean Up. The DEVELOPER shall promptly clear from public streets and property any soil, earth or debris resulting from construction work by the DEVELOPER or its agents or assigns. 17. DEVELOPER'S Default. In the event of default by the DEVELOPER as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and the DEVELOPER shall promptly reimburse the CITY for any expense incurred by the CITY, provided the DEVELOPER is first given written notice of the work in default, not less than 48 hours in advance. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Court order for permission to enter the Subject Property. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part to the benefitted property approve the City to seek reimbursement from any of Developer's escrows held by the City.. 18. Miscellaneous. A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. B. The action or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the CITY Council. The CITY's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. C. Compliance with Laws and Regulations. The DEVELOPER represents to the CITY that the Plat complies with all CITY, County, metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the CITY determines that the Plat does not comply, the CITY may, at its option, refuse to allow any construction or development work in the Plat until the DEVELOPER does comply. Upon the CITY's demand, the DEVELOPER shall cease work until there is compliance. D. This Contract shall run with the land and shall be recorded against the title to the Plat by DEVELOPER. After the DEVELOPER has completed the work required of it under this Contract, at the DEVELOPER'S request the CITY will execute and deliver to the DEVELOPER a release of this Contract. Ramsey Town Center 14th Addition Development Contract Page 5 of 10 Pages