Agenda - Council - 08/23/2011 - Laserfiche WebLink

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17. Miscellaneous. a. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason invalid, such decision shall not affect the validity of the remaining portions of this Contract. b. Written Amendments Only. The action or inaction of the CITY shall not constitute a waiver of 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. PERMITTEE 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 PERMITTEE cause the Plat to so comply. Upon the CITY's demand, PERMITTEE shall cease work until there is compliance. d. Recording; Termination and Release. This Contract shall run with the land and shall be recorded in the office of the Anoka County Recorder at the expense of PERMITTEE. After PERMITTEE has completed the work required of it under this Contract, as to all or any portion of the Property, at the request of PERMITTEE the CITY will execute in recordable form and deliver either a termination of this Contract or a release of such portion of the Property from the effect of this Contract. e. Mailbox Locations. PERMITTEE agree that the placement of mailboxes along public streets is subject to the approval by the CITY, and location of utilities will be necessary through Gopher State One -Call. f. Boulevard and Area Restoration. PERMITTEE shall be responsible for the cost of establishing seed in all boulevards, except as otherwise noted, within thirty (30) days after completion of the street improvements included in the Stage I Improvements, and restoring all other areas disturbed by the Stage I Improvements, in accordance with approved Permittee Plans. PERMITTEE shall be responsible for the cost of cleaning any soil, earth or debris from wetlands within and adjacent to the Property resulting from grading in connection with the Stage I Improvements. g. 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. PERMITTEE is required to provide a sign at each entrance point stating delivery STONEY RIVER Development Agreement Page 5 of 12