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4988262v4 <br />such decision shall not affect the validity of the remaining portion of this <br />Contract. <br />b. Written Amendments Only. The action or inaction of the CITY or the <br />PERMITTEE shall not constitute a waiver or amendment to the <br />provisions of this Contract. To be binding, amendments or waivers shall <br />be in writing, signed by the parties and approved by a resolution of the <br />CITY Council. The CITY'S or the PERMITTEE'S failure to promptly <br />take legal action to enforce this Contract shall not be a waiver or release. <br />c. Compliance with Laws and Regulations. The PERMITTEE represents to <br />the CITY that the Plat complies with all CITY, County, metropolitan, <br />State, and Federal laws and regulations, including but not limited to: <br />subdivision ordinances, zoning ordinances and environmental regulations. <br />If the CITY determines that the Plat does not comply, the CITY may, at <br />its option, refuse to allow any construction or development work in the <br />Plat until the PERMITTEE does comply. Upon the CITY'S demand <br />shall cease work until there is compliance. <br />d. Mailbox Locations. If the PERMITTEE desires to construct mailboxes <br />within the right of way, the PERMITTEE agrees that the placement of <br />mailboxes along public streets is subject to the approval by the CITY. <br />Utility locates will be necessary. <br />e. Boulevard and Wetland Restoration. The PERMITTEE shall be <br />responsible for the cost of establishing seed in all boulevards within thirty <br />(30) days of the completion of the street improvements, and restoring all <br />other areas disturbed by the development grading operation in accordance <br />with the approved Grading and Erosion Control plan. The PERMITTEE <br />shall be responsible for the cost of cleaning any soil, earth, or debris from <br />the wetlands within and adjacent to this Plat resulting from grading <br />performed in the development of the Plat. <br />f. Construction, Hours and Entrance Signs. The CITY restricts construction <br />and delivery hours to Monday through Saturday 7:00 a.m. to 10:00 p.m. <br />The PERMITTEE is required to provide a sign at each entrance point <br />stating delivery and construction operation hours. Said signs are not to <br />exceed eighty (80) square feet in size and must be clearly visible at all <br />times during the construction period. <br />g- <br />Constructing Site Maintenance. The PERMITTEE shall adhere to all of <br />the CITY ordinances relating to, but not limited to, dumping of garbage, <br />site development, construction debris, open burning, etc. <br />8 <br />