Agenda - Council - 12/14/2010 - Laserfiche WebLink

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14. Street Cleaning. After the street surfacing is installed, the PERMITTEE shall clear any soil, earth, or debris from the streets resulting from any construction within the Plat by each of them. From time to time, the CITY may remove accumulations of soil, earth, and debris from the streets resulting from the construction of the plat. It shall be the PERMITTEE's responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the PERMITTEE for such costs shall be paid within fifteen (15) days of the date of the invoice. 15. Default. In the event of default by the PERMITTEE as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and the PERMITTEE shall promptly reimburse the CITY for any reasonable expense incurred by the CITY, provided the PERMITTEE 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. The PERMITTEE grants the CITY approval to seek reimbursement from any of the PERMITTEE's escrows held by the CITY. 16. 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