Agenda - Council - 10/26/2004 - 10/26/04

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attached. The location of the proposed open burn site will be specified by the CITY. Wood disposal by burning requires whole tree volume reduction, proposed site inspection prior to clearing and an open burning permit. Residual ash and unburned stumpage may be buried on the site at the approval of the CITY. Chipped material may be applied and utilized on site to mitigate root damage from grade changes or used in the right-of-way for erosion control and top soil restoration. 14. Tree, Shrub and Sod Planting Plan. The addition of trees, shrubs and sod to the Plat shall be in accordance with the approved Landscape Plan referenced in the Site Plan Development Permit. The DEVELOPER is required to submit a Plan for CITY approval that 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). 15. 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. 16. Clean Up. The DEVELOPER shall promptly clear from public streets and property any soil, earth or debris resulting from construction work by the DEVELOPER or its agent or assigns. 17. DEVELOPER'S Default. In the event of default by the DEVELOPER as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and the DEVELOPER shall promptly reimburse the CITY for any expense incurred by the CITY, provided the DEVELOPER is first given written notice of the work in default, not less than 48 hours in advance. This Development 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 land. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. 18. Miscellaneous. a. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Development Contract. b. The action or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Development Contract. To be binding, amendments Ramsey Town Center 3rd Addition Development Contract Page 6 of 10 Pages