Agenda - Council - 08/11/1992 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I 10. 11. 12. BURY By: direction' Of the City Engineer. Chipped material may be applied and utilized on site to mitigate rbot damage from grade changes of the easement or right-of-way and for erosion control ~ top soil restoration. Dumping of Garbage. The DEVELOPER shall adhere to City Code Section 5.11.03 whi¢ii is a[section Regulating the Dumping of Garbage, Site Development and Construction Debris. ~ ReimburSement to City. The DEVELOPER agrees to reimburse the CITY for all coats ~ei xed by the CITY in defense or enforcement of this Agreement, or any portion thereof, ~eluding court costs and reasonable engineering and attorney's fees. Said expenSeS ~hall be paid within fifteen (15) days of billing by the CITY and failure to pay the ClJTr~ 'S expenses within the fifteen (15) day billing period will permit the CITY to draw ~ipon any of the escrows required by this Agreement for payment. Plat Exi(ense Reimbursement. The DEVELOPER agrees that it will pay to the CIT¥ out '.of any of the escrows required herein, all CITY expenses incurred in approval of the~Pla'i, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstandin~g billings shall be paid prior to recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) day bi,rig: period. F. ailure to pay the CITY'S expenses within the fifteen (15) day billing peri~, will permit the CITY to draw upon any of the escrows required by this Agreement for payment. Mark~tab!e Title. Prior to recording of the Final Plat, the DEVELOPER shall provide to the iCiTY,IT proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. InvaliditY' of Any One Section. If any portion, section, subsection, sentence, clause, paragr~tpll Dr phase of this Agreement is for any reason held to be invalid by a court of coml~ent ~urisdiction, such decision shall not effect or void any of the other provisions of this Agreement Agr~eme,nt Binding On Heirs, etc. The DEVELOPER agrees that this Deveic}pmCnt Agreement shill be binding upon its successors and assigns. Breach of any of the t-em~ of this Development Agreement by the DEVELOPER shall be grounds for denial Of B~ilding Pemaits for buildings in the Plat. IN WITN~;SS THEREOF, the parties have hereunto set their hands and seals, this __ day of ,1992. AND: CARLSON, INC. r CITY OF RAMSEY: By: Mayor ATIEST: City Administrator /4/