Agenda - Council - 11/14/2017 - Laserfiche WebLink

Home

27. Clean Up. RTC and T&C shall promptly clear from public streets and property any soil, earth or debris resulting from their respective construction work or that of their agents or subcontractors. 28. DEVELOPERS' Default. In the event of default by the DEVELOPERS as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and the defaulting 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 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. 29. Miscellaneous, A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the rernaining portion of this Contract. B. The action or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. C. Compliance with Laws and Regulations. The DEVELOPERS represent 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 RTC does comply. Upon the CITY's demand, the DEVELOPERS shall cease work until there is compliance. D. This Contract shall run with the land and shall be recorded against the title to the Plat by DEVELOPERS. After the DEVELOPERS have completed the work required of it under this Contract, at the DEVELOPERS' request the CITY will execute and deliver to the DEVELOPERS a release. E. Mailbox Locations. The DEVELOPERS herein agree to cluster the mailboxes for the townhome development along the private streets where possible and placement of mailboxes along public streets is subject to the approval of the CITY. Utility locates will be necessary. F. Boulevard and Area Restoration. RTC shall be responsible for the cost of establishing seed in all boulevards within thirty (30) days of the completion of the Stage I street improvements, and for the cost of cleaning any soil, earth or debris from the Ramsey Town Center 7th Addition Development Contract Page 12 of 20 Pages 12t 1178074 $20716 8/18i95