Agenda - Council - 07/24/2012 - Laserfiche WebLink

Home

shall pay each invoice from the CITY to PERMITTEE for such costs within fifteen (15) days of receipt of the invoice. 16. Default. In the event of default by PERMITTEE as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and PERMITTEE shall promptly reimburse the CITY for any reasonable expense incurred by the CITY, provided 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 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 portion(s) of the Property. PERMITTEE authorizes reimbursement from any of PERMITTEE's escrows held by the CITY. 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. 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. STONEY RIVER Development Contract Page 5 of 13