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Developer Agreement <br />Renner 4`" Addition <br />Page 6 <br />5.) City Installed Improvements <br />(01) The Subdivision will have no City installed Improvements. <br />6.) Required Prepavment of Assessments <br />(01) There are no assessments levied against the subdivision. <br />7.) General Provisions <br />(01) Binding Effect -The terms and provisions hereof shall be binding upon, and inure <br />to the benefit of the heirs, representatives, successors and assigns of the parties hereto and <br />shall be binding upon all future owners of all or part of the Subdivision and shall be deemed <br />covenants running with the land. References herein to Developer, if there be more than <br />one, shall mean each and all of them. This Agreement shall be placed of record so as to give <br />notice hereof to subsequent purchasers and encumbrances of all or any part of the <br />Subdivision, and all recording fees, if any, shall be paid by the Developer. <br />(02) Severable - In the event that any portion of this Agreement shall be held invalid for <br />any reason, the same shall not affect in any respect whatsoever the validity of the remainder <br />of this Agreement. <br />(03) Waiver -Any waiver, whether express or implied, by any party of a breach of any <br />provision of this Agreement will not operate as or be construed to be a waiver of any <br />subsequent breach of this Agreement. <br />(04) Construction Times. All construction activities shall be confined to the following <br />hours of operation: <br />Monday -Friday 7:00 AM unti18:00 PM <br />Saturday 8:00 AM unti15:00 PM <br />Sunday Not Allowed <br />This does not apply to activities that are required on a 24-hour basis such as <br />dewatering, etc. Any deviation from the above hours is subject to approval of the <br />City Council. <br />(05) Street Construction - No street construction will be allowed after November 1 or <br />prior to May 15 unless approved by the City Engineer. <br />(06) Snowplowing -Until the Improvements are accepted by the City or the first lift of <br />blacktop is installed, 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 <br />City of Elk River. <br />(08) Histo Any item or condition found that indicates the site is likely to yield <br />information important to pre-history or history shall be reported to the city immediately, <br />and the city reserves the right in such event, to stop work immediately until the subdivision <br />is appropriately investigated and developer is authorized to recommence work. <br />C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\DEVELOPER AGREEMENT.doc <br />