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purchasers and encumbrances of all or any part of the Subdivision, and all recording fees,if any, shall <br /> be paid by the Developer. <br /> (02) Severable. In the event that any portion of this Agreement shall be held invalid for any <br /> reason, the same shall not affect in any respect whatsoever the validity of the remainder of this <br /> Agreement. <br /> (03) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision <br /> of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this <br /> Agreement. <br /> (04) Construction Times. All construction activities authorized by this agreement shall be <br /> confined to the following hours of operation: <br /> Monday-Friday 7:00 AM until 9:00 PM <br /> Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the <br /> City Engineer or their representatives) <br /> Sunday Not Allowed <br /> This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any <br /> deviation from the above hours is subject to approval of the City Council. <br /> (05) Street Construction. No street construction will be allowed after October 15 or prior to <br /> May 15 unless approved by the City Engineer. <br /> (06) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly <br /> reached in advance, the developer is responsible for snow removal and ensuring access by <br /> Emergency Response equipment. <br /> (07) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of <br /> Elk River. <br /> (08) Historv. Any item or condition found that indicates the site is likely to yield information <br /> important to pre-history or history shall be reported to the city immediately, and the city reserves the <br /> right in such event, to stop work immediately until the subdivision is appropriately investigated and <br /> developer is authorized to recommence work. <br /> 11. Park Dedication. Park dedication requirements shall be satisfied by a combination of land and cash <br /> as outlined in the Developer Agreement for River Park (Doc. No. 602028). Park dedication shall be based on <br /> the following formula: <br /> 224 total acres 201.5 acres <br /> -22.5 acres (school/fire station) -24.0 acres of wetland <br /> 201.5 acres 167.5 acres of land subject to park dedication <br /> 4.7 acres (park land) /16.75 acres (10%dedication rate) =28% (park dedication satisfied with land) <br /> $1,425.93 (2016 park dedication rate) x 72% _ $1,026.67 per unit <br /> The cash dedication due is $42,093.47 ($1,026.67 per unit x 41 units). <br /> 8 <br />