7.5. SR 06-20-2016 - Laserfiche WebLink

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10. General Provisions Binding Effect. The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. (02) Severable. In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (03) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (04) Construction Times. All construction activities authorized by this agreement shall be confined to the following hours of operation: Monday - Friday 7:00 AM until 9:00 PM Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the City Engineer or their representatives) Sunday Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviation from the above hours is subject to approval of the City Council. (05) Street Construction. No street construction will be allowed after October 15 or prior to May 15 unless approved by the City Engineer. (06) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly reached in advance, the developer is responsible for snow removal and ensuring access by Emergency Response equipment. (07) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of Elk River. (08) History. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately, and the city reserves the right in such event, to stop work immediately until the subdivision is appropriately investigated and developer is authorized to recommence work. 11. Park Dedication. Park dedication requirements shall be satisfied by a combination of land and cash as outlined in the Developer Agreement for River Park (Doc. No. 602028). Park dedication shall be based on the following formula: 224 total acres 201.5 acres -22.5 acres (school/fire station) -24.0 acres of wetland 201.5 acres 167.5 acres of land subject to park dedication 8