Agenda - Council - 10/26/2010 - Laserfiche WebLink

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or in part to the benefitted property. The Permittee grants the City approval to seek reimbursement from any of the Permittee's escrows held by the CITY. 15. Miscellaneous. a. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraphs or phrase of this Contract is for any reason invalid, such decision shall not affect the validity of the remaining portion of this Contract. b. Written Amendments Only. 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 Permittee represents to 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 Permittee does comply. Upon the CITY's demand, the Permittee 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 the Permittee. After the Permittee have completed the work required of it under this Contract, at each of their requests the CITY will execute and deliver a release of this Contract. e. Mailbox Locations. The Permittee agree that the placement of mailboxes along public streets is subject to the approval by the CITY. Utility locates will be necessary. f. Boulevard and Area Restoration. The Permittee shall be responsible for the cost of establishing seed in all boulevards within thirty (30) days of the completion of the street improvements, and restoring all other areas disturbed by the development grading operation in accordance with the approved Grading and Erosion Control plan. The Permittee shall be responsible for the cost of cleaning any soil, earth, or debris from the wetlands within and adjacent to this Plat resulting from grading performed in the development. Construction, Hours and Entrance Signs. The CITY restricts construction and delivery hours to Monday through Saturday 7:00 a.m. to 10:00 p.m. The Permittee is required to provide a sign at each entrance point stating delivery and construction operation hours. Said signs are not to exceed eighty (80) square feet in size and must be clearly visible at all times during the construction period. h. Constructing Site Maintenance. The Permittee shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. g.