Agenda - Council - 05/13/2025 - Laserfiche WebLink

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11. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas disturbed by the grading operation in accordance with the Plans. 12. Construction Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. The CITY reserves the right to withhold permits, inspections, or certificates of occupancy to correct violations relating to construction site maintenance. 13. Construction Hours and Entrance Signs. The CITY restricts construction and delivery hours to Monday through Saturday from 7:00 a.m. to 10:00 p.m. The PERMITTEE is required to provide a sign at each entrance point stating delivery and construction operation hours. Said signs are not to exceed eighty (80) square feet in size and must be clearly visible at all times during the construction period. Said signs must be on the Subject Property and not in the public road right-of-way. 14. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Required Improvements, unless specified as fixed amounts, are estimated. The PERMITTEE agrees to pay the entire cost of said improvements, including interest, engineering, and legal charges. 15. Site Plan Approval Expenses. The PERMITTEE agrees that it will pay to the 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 shall be paid within fifteen (15) days of billing by the CITY. 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. 16. 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. 17. 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 PERMITTEE'S failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 18. Reimbursement to the City. The PERMITTEE agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 19. Notices. Required notices shall be in writing, and shall be either hand delivered to the Parties, its employees or agents, or mailed to them by certified or registered mail at the following address: TO PERMITTEE: Pearson Investments, LLC Attn: Bradley Bacon PO Box 669 St. Cloud, MN 56302-0669 4