Agenda - Council - 07/12/2016 - Laserfiche WebLink

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identifies existing tree growth within the Plat that will be protected during construction. The trees to be protected must be identified on the grading plan, and the plan must require the installation of 'tree save fences' prior to land clearing or grading. In addition, the requirement for this Plan shall be fulfilled by the DEVELOPER as follows: Minimizing the impact of construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From Construction Damage" (Publication #NR-FO-6135- S). 22. License. The DEVELOPER hereby grants the CITY, its agents, employees, officers and contractors, a license to enter the Plat to perform all necessary work and/or inspections deemed appropriate by the CITY during the installation of Required Improvements by the CITY. The license shall expire after the Required Improvements installed pursuant to the development contract have been installed and accepted by the CITY. 23. Clean Up. The DEVELOPER shall promptly c' i' *ot public streets and property any soil, earth or debris resulting from construction w' v DEVELOPER or its agent or assigns. V ick 24. DEVELOPER'S Default. In the ever' L by the DEVELOPER as to any of the work to be performed by it hereunder, the (. i F ► , at its option, perform the work and the DEVELOPER shall promptly reimburse ti- r,;'1 or any expense incurred by the CITY, provided the DEVELOPER is first given .;e of the work in default, not less than 48 hours in advance. This Agreement is a licei., e r *.ie CITY to act, and it shall not be necessary for the CITY to seek a Court order fo• .,n to enter the land. When the CITY does any such work, the CITY may, in additi' L.- _.., other remedies, assess the cost in whole or in part. 25. Miscellaneous. A. If .i*1 . ,*lion, section, subsection, sentence, clause, paragraph or phrase of this Agreerr .it 's .or any reason held invalid, such decision shall not affect the validity of the remain .f onion of this Agreement. B. The action or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Agreement. 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 Agreement shall not be a waiver or release. C. Compliance with Laws and Regulations. The DEVELOPER 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 Ramsey Town Center 2"d Addition Development Contract Page 8 of 13 Pages