Agenda - Council - 02/28/1995 - Laserfiche WebLink

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! I I I I I I I I I I I I I I I 13. 14. 15. appiied 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 0o time shall there be more than four (4) exposed basement excavations in the · Pla~. that are not actively being constructed upon. Any excavated basements beyond fo~ (4) in number that are not actively being constructed upon shall be enclosed by a six (6) foot high fence and posted "No Trespassing". Any basement not capped by ~[ framed and roofed structure by November 1, 1995 shall be sufficient cause for the ~2ITY to consider filling in the excavation and performing site restoration. In the gvent this remedial action is necessary on the part of the CITY because of lack of Construction activity, the DEVELOPERS, on behalf of all subsequent owners of 14~ts within the Plat, agree that the CITY may implement the remedial action and spe,~ially assess its cost therefore against the lots in the Plat. The DEVELOPERS h. er~by waive all right to a public he.ming and o.ther statutory rig.hts or .City Ch .arter ng~s granted a property owner relatang to special assessments, ~ncluding the right to ai~peal the special assessment for any necessary remedial action described in this pa~graph. In addition, the DEVELOPERS grant the right to the CITY to enter on the Plat in order to implement the remedial action described in this paragraph in the bvent 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 amcJunt 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 Har'd Surfaced Driveways and Sod. HardsUrface driveways and establishment of sod in all 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 per4aitting. In the event these improvements are not timely installed, the DEVELOPERS, on behalf of all subsequent owners of lots within the Plat, agree that ihe CITY may install said improvements and specially assess its cost therefore agai~nst the lot(s). The DEVELOPERS hereby waive all right to a public hearing and Other statutory rights or City Charter rights granted a property owner relating to spedial assessments, including the right to appeal the special assessment for installation of the improvements described in this paragraph. In addition, the DEVELOPERS grant the right 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 CIT~Y to install these improvements and specially assess the same. Tre~ Preservation and Planting Plan. In accordance with City Code and the poli{y 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 ~vill be preserved during conltmction 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 withithe following: a) : Minimizing the impact of construction on trees in accordance with : Minnesota Extension Service publication "Protecting Trees From ["l ~