Agenda - Council - 01/25/2022 - Laserfiche WebLink

Home

19. Storm Pond Outlots. A Maintenance Agreement is to be established between PERMITEE and CITY for the purpose of, granting the CITY the responsibility for maintaining all stormwater functionality, tree and vegetation removal and management, repair, replacement and reconstruction (collectively, "Maintenance") of Outlots E and G, including all ponds and other Improvements located on such Outlots. The CITY shall be the beneficiary of easements over all of Outlots E and G to complete such Maintenance. Additionally, upon recording of the Maintenance Agreement, Outlots E and G of Riverstone South are to be deeded by PERMITEE to Riverstone South, a planned community. The CITY'S maintenance responsibilities are outlined in Section 9.1 and 9.8 of the Riverstone South Declaration, which will be recorded in conjunction with the recording of the Riverstone South Final Plat. 20. Miscellaneous. a. Plat Approval. PLAT was approved via Resolution #21-312. b. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason invalid, such decision shall not affect the validity of the remaining portion of this Agreement. c. Written Amendments Only. The action or inaction of the CITY or the PERMITTEE 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 PER1VIITTEE'S failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. d. Compliance with Laws and Regulations. The PERMITTEE 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 PER1VIITTEE does comply. Upon the CITY'S demand PERMITTEE shall cease work until there is compliance. e. Mailbox Locations. If the PER1VIITTEE desires to construct mailboxes within the public right of way, the PER1VIITTEE agrees that the placement of mailboxes along public streets is subject to approval by the CITY. Utility locates will be necessary. f. Boulevard and Wetland Restoration. The PER1VIITTEE 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 PERMITTEE 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. g. Construction, Hours and Entrance Signs. The CITY restricts construction and delivery hours to Monday through Saturday 7:00 a.m. to 8:00 p.m. The PERMITTEE is required to provide a sign at each entrance point stating delivery and construction operation hours. 7