Laserfiche WebLink
<br /> <br />7.Erosion Control. <br /> <br /> <br />(a)Control Measures. Before any grading is started under the Site Plan or related <br />permit, all down gradient perimeter control measures as provided for in the Site Plan shall be <br />installed. <br /> <br />(b)Unsatisfactory Conditions. The Developer shall be responsible for compliance <br />with the approved erosion and sediment control (“ESC”) portion of the Site Plan. In the event the <br />Developer fails to comply with the ESC requirements, the City shall give the Developer <br />telephonic and email notice of the nature of such failure in accordance with this paragraph. The <br />Developer shall correct such unsatisfactory condition described in the telephonic and email <br />notice within three (3) business days after first receiving telephonic and email notice, or if the <br />nature of such unsatisfactory condition is such that the same cannot reasonably be corrected <br />within said three (3) business day period, then the Developer shall have such additional time as is <br />reasonably necessary to correct such unsatisfactory condition provided the Developer promptly <br />commences to correct such unsatisfactory condition and proceeds with diligence and continuity. <br />If the Developer fails to comply as provided above, then the City has the right, but not an <br />obligation, to enter upon the Property and correct said condition at the Developer’s expense. <br />Reimbursement to the City shall be taken from the funds deposited in the escrow account in <br />accordance with Section 5. The City shall be entitled to all of its reasonable costs and expenses <br />of enforcing this paragraph of the Agreement, including, but not limited to, legal, fiscal and <br />engineering costs and the Developer shall be responsible for paying such costs if the amount <br />deposited in the escrow account is insufficient. The City reserves the right to withhold a final <br />certificate of occupancy or final approval of the work provided for under the Site Plan, until City <br />receives payment in full of such costs. <br /> <br />8.Governing Law. This Agreement shall be interpreted in accordance with and be <br />governed by the laws of Minnesota. <br /> <br /> <br />9.Titles of Articles and Sections. Any titles of the several parts and sections of this <br />Agreement are inserted for convenience of reference only and shall be disregarded in construing and <br />interpreting any of its provisions. <br /> <br /> <br />10.Counterparts. This Agreement may be executed in any number of counterparts, each <br />of which shall constitute one and the same instrument. <br /> <br /> <br />11.Amendment. This Agreement may be amended by the parties hereto only by written <br />instrument executed in accordance with the same procedures and formality followed for the <br />execution of this Agreement. <br /> <br /> <br />12.No Property Interest. The parties agree that this Agreement is personal to the <br />Developer and does not constitute an ownership interest or lien interest in the Property. This <br />Agreement is not saleable or assignable by the Developer. <br /> <br /> <br />13.No Estoppel. The Developer agrees that the City shall not be estopped by this <br />Agreement, nor any action taken by the Developer pursuant to this Agreement, from exercising any <br />rights granted to the City by law or this Agreement. <br /> <br />3 <br />466500v2 EL185-31 <br />