Agenda - Council - 07/27/2004 - Laserfiche WebLink

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The terms and conditions of the Master Development Agreement are incorporated herein by reference as if fully set forth at this point. DEVERLOPER further acknowledges, by execution of this Agreement, receipt of a copy of the Master Development Agreement. In the event of a conflict between the terms of this Agreement and the terms of the Master Development Agreement, the Master Development Agreement shall control. 18. Construction Entrance Signs. The CITY restricts construction and delivery hours to Monday through Saturday 7:00am to 10:00pm. The DEVELOPER is required to provide a sign at each entrance point stating delivery and construction operation hours. In this case :a sign must be posted at the intersections of 138th Avenue and Riverdale Drive and Jasper Street and Riverdale Drive. Said signs are not to exceed eighty (80) square feet in size and must be clearly visible at all times during the construction period. 19. Boulevard and Area Restoration. The DEVELOPER shall be responsible for restoring all areas disturbed by the 'development grading operation in accordance with the approved erosion and sediment control plan. The DEVELOPER shall also be responsible for the cost of' cleaning any soil, earth or debris from the wetlands within and adjacent to this Plat resulting from grading performed in the development of the land. 20. Construction Site Maintenance. The DEVELOPER shall adhere to all City ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. 21. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Require Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, engineering and legal charges. 22. Site Plan Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Site Plan, 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 outstanding billings shall be paid prior to recording of the Final Plat. Any expenses incurred after the release of the building permit shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. 23. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 24. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase ot! this Agreement is for any reason held to be invalid by a court of competent Ramsey Town Center 4th Addition NAU/Sharp and Associates Development Permit Page 8 of 10