Agenda - Council - 07/12/2005 - Laserfiche WebLink

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Minimizing the impact of construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From Construction Damage" (Publication #NR- FO-6135-S). 26. License. The DEVELOPERS hereby grant 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. 27. Clean Up. The DEVELOPERS shall promptly clear from public streets and property any soiI, earth or debris resulting from construction work. by the DEVELOPERS or its agent or assigns. · 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 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 remaining portion of this Contract. B. The action or inaction of the CITY shalI not constitute a waiver or amendment to the provisions of this ContraCt. To be binding, amendments or waivers shall be in writing, .signe .d 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 the DEVELOPERS do 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 Ramsey Town Center 7th Addition Development Contract Page 11 of 16 Pages -203-