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

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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 Development Contract 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 work in the Plat until the DEVELOPER does comply. Upon the CITY's demand, the DEVELOPER shall cease work until there is compliance. d. This Development Contract shall run with the land and shall be recorded against the title to the Plat by DEVELOPER. After the DEVELOPER has completed the work required of it under this Development Contract, at the DEVELOPER's request the CITY will execute and deliver to the DEVELOPER a release. e. Boulevard and Area Restoration. The DEVELOPER shall be responsible for the cost of establishing seed in all boulevards within thirty (30) days of the completion of the street improvements, and restoring all other areas disturbed by the development grading operation in accordance with the approved Grading and Erosion 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. f. 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. g. Estimated Cost. It is understood and agreed that cost amounts set forth in this Development Contract as Stage I (both within and outside the plat) and Stage II 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. h. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CiTY expenses incurred in the approval of the Plat, 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 recording of the Final Plat 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. i. Reimbursement to the CITY. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Development Ramsey Town Center 3rd Addition Development Contract Page 7 of 10 Pages