Agenda - Council - 09/24/2019 - Laserfiche WebLink

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a. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraphs or phrase of this Agreement is for any reason invalid, such decision shall not affect the validity of the remaining portion of this Agreement. b. Written Amendments Only. The action or inaction of the CITY or the DEVELOPER 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 a resolution of the CITY Council. The CITY'S or the DEVELOPER'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 work in the platted area until the DEVELOPER does comply. Upon the CITY'S demand DEVELOPER shall cease work until there is compliance. d. Mailbox Locations. If the DEVELOPER desires to construct mailboxes within the public right of way, the DEVELOPER agrees that the placement of mailboxes along public streets is subject to the approval by the CITY. Utility locates will be necessary. e. Boulevard and Wetland Restoration. The DEVELOPER shall be responsible for the cost of establishing seed in all boulevards within 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 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 Plat. f. Plan Approval Expenses. The DEVELOPER agrees that it will pay to 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 incurred 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 Agreement for payment.