Agenda - Council - 08/25/2026 - Laserfiche WebLink

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the CITY hold all or any portion of the proceeds for a reasonable time to apply to the future final plat application and installation of streets and utilities. 12. Haul Route. Truck traffic hauling routes must be approved by the City Engineer. 13. Limits of Construction. The City Engineer shall approve the limits of construction. 14. Miscellaneous. a. 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. b. 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. c. Compliance with Laws and Regulations. The PERMITTEE represents to the CITY that the Improvements comply 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 Improvements do not comply, the CITY may, at its option, refuse to allow any construction or development work in the Plat until the PERMITTEE does comply. Upon the CITY'S demand PERMITTEE shall cease work until there is compliance. d. Construction Site Maintenance. The PERMITTEE shall adhere to all of the 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. e. 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. f. Pre -Construction Meeting. The PERMITTEE and all associated contractors/ subcontractors shall have a pre -construction meeting with the CITY Engineer prior to commencing any grading, excavating, our importing of material. g- 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: U.S. Home, LLC 4