Agenda - Council - 10/14/1997 - Laserfiche WebLink

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t3. t4. 15. applied to the private street. No certificate of occupancy for any of the structures will be granted until the private street is paved and the on-site septic systems and wells have been installed and are functional. At no time shall there be more than four (4) exposed basement excavations in the Plat that are not actively being constructed upon. A'~y excavated basements beyond four (4) in number that are not actively being consnucted upon shall be enclosed by a six (6) foot high fence and posted "No Trespassing". Any basement not capped by a framed and roofed structure by November 1, t995 shall be sufficient cause for the CITY to consider fi/ling in the excavation and performing site restoration. In the event this remedial action is necessary on the part of the CITY because of Iack of construction activity, the DEVELOPERS, on behalf of ail subsequent owners of lots within the Plat, agree that the CITY may implement the remedial action and specially assess its cost therefore against the lots in the Plat. The DEVELOPERS hereby waive all fight to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for any necessary remedial action described in. this paragraph. In addition, the DEVELOPERS grant the fight to the CITY to enter on the Plat in order to implement tlc remedial action described in this paragraph in the event it becomes necessary. IV. PARK DEDICATION Cash Payment. The Plat is located in the Rum River Park District. Park dedication shall be satisfied by the DEVELOPERS making a cash payment in the amount of Eight Thousand Four Hundred Dollars and no cents ($8,400.00). Said payment shall be made at the time of execution of this Agreement. V GENERAL Hard $1jrfaced Driveways and Sod. Hardsurface driveways and establishment of sod in ail areas of the Plat that are not occupied by structures or pavement is a requirement of the Plat. Said improvements shall be installed prior to issuance of Certificate of Occupancy or as soon thereafter-as possible~ weather permitting. In-the event these improvements are not timely installed, the DEVELOPERS, on behalf of all subsequent owners of lots within the Plat, agree that the CITY may install said improvements and specially assess its cost therefore against the lot(s). The DEVELOPERS hereby waive ail right to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation of the improvements described in this paragraph. In addition, the DEVELOPERS grant the fight to the CITY to enter on the Plat in order to install the improvements described in this paragraph, in the event it is necessary for the CITY to install these improvements and specially assess the same. Tree Preservation and Planting Plan. In accordance with City Code and the policy established by the City Park and Recreation Commission on June 10, 1993, the DEVELOPERS are required to submit a Landscape Plan for CITY approval that identifies existing tree growth within the Plat that 'will be preserved during construction and new plantings. It is herein agreed that the requirement for a Landscape Plan shall be fulfilled by the Landscape Plan prepared by Hakanson Anderson Associates, Inc. dated December 5, 1994, contingent upon compliance with the following: a) Minimizing the impact of construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From I I I I I I I I I I I I I I I I I I I