Agenda - Council - 05/31/2005 - Laserfiche WebLink

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n ifigatc root damage fi'om grade changes or used in the right-of-way for erosion control and top ~goiI restoration. 24. 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. 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 ackfifion, the requirement for this Plan shall be ~lfilled By}she DE. LOPER as follows: Minimizing the impact of construction on trees in-ad~~/~ith Mi~esota Extension Service publication "Protecting Trees From Cons~i°n D~}~:~ublication ~-FO-6135- 25, License. The DEVELOPER-h~eb3~'~fi~:Sme CI'T~":,~ ~:'amployees, ol'ficcrs and c~rs, a license to enter the 'pia~t'~d:~P}rfom all n~:6'~d~;~Work and/or inspections deemed appropriate by the CITY durin~j{h~ ~.ihs~l!~ion of Required Improvements b>~thc CITY. The license shall expire aaer the Reqfil?~d ih~ra~ems installed pursuant to the clcx'clopmcnt contract have been installed and accepted by the -f:. ':-[.. 26. Clean Up. The DE,LOPER Sh~l~:prOmptly clear;from public streets and property any soil, earth or debris resulting from conmction~ work by the DEVELOPER or its agent or assigns. . .: ~7. DEVELOPER'S D~hult. In th~.~em, of~ehult by the DE,LOPER as to any ~[-the work to be pertbrmed ey it hereunder, the:CITy'may, at its option, perfo~ the work and the I)EVELOPER shall promptly ieimburse the CITY for any expense incu=ed by the CITY, provided thc DEVELOPER ~s firs~ given wri~en notice of the work in dehult, not less than 48 hours in advance. This Agreement is a~l:icense for the CITY to act, and it shall not be necessary lbr thc CITY to Seek a Cou~ order f°~ pem~ssion to enter the land. When the CITY does any ~;uch work, the cITY may, i~]addition'~6 it~ 6thor remedies, assess the cost in whole or in pa~. 28. Miscellaneous~ A. If any potion, section, subsection, sentence, clause, paragraph or p~ase of this Agreement is [~r ~y reason held invalid, such decision shall not affect the validity o f the remaining potion of this Agreement. B. The a&ion or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers ~hall be in writing; slimed by the panics and approved by wri~en resolution of the CITY ('~mncil. The CITY's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. Ramsey Towh Center 6th Addition Development Contract Page 10 of 15 Pages