4.9. SR 02-01-2021 - Laserfiche WebLink

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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. (01) 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. (02) 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. (03) Construction Times. All construction activities shall be confined to the following hours of operation: Monday - Friday 6:00 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. (04) Street Construction. No street construction will be allowed after October 15 or prior to May 15 unless approved by the City Engineer. (05) 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. (06) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of Elk River. (07) Histo . 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. 12. Park Dedication. Developer shall pay Park Dedication fees in the amount of Thirty -Two Thousand, Seven Hundred Ninety -Six and 39/100 dollars ($32,796.39), ($1,425.93 per lot). 13. Development Plan. A development plan "Development Plan" shall be submitted by Developer and approved by the City Engineer or his designee prior to issuance of any building permit within the Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the checklist attached as Exhibit E to this Agreement. Approval of the Development Plan may be contingent upon soil borings verifying elevations and compaction tests for proposed house pads. 14. Landscaping. Developer agrees to install one over story tree in the boulevard of each Lot, and require one additional over story, evergreen, or deciduous tree in the front yard of each Lot. For Lots not sold by April 31, 2022, Developer agrees to install one tree in the front yard of all unsold lots. All required trees shall meet minimum size standards as outlined in Elk River City Codes.