09-27-1999 Council Packet - Laserfiche WebLink

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SEP 10 1999 145 21 FR HIMSHhI.1 CULEERTSOM bl2 334 8SS3 'j 9-2494818-752031 P.07/10 5. 6. 7. 8. 9. 10. 11. Term of Inspection and Enforcement: City may continue to notice and cany out an inspection of the property until each of the trees planted pursuant to the restoration plan have reached six inches in diameter at a distance of three feet from the ground. Agreement to Replace: Owner agrees to replace at Owner’s sole expense any vegetation required by the restoration plan, which the City reasonably determines has died or failed to thrive. Agreement Regarding Enforcement; Owner agrees that the City may seek injunctive relief for the enforcement of this order from the District Court. Owner further agrees that it will be liable for the City’s reasonable attorneys fees and costs in litigation brought to enforce this agreement, if the City prevails in any such litigation. Fees and Expenses: The Owners agree to pay all Ciw fees required per the current City Fee Schedule and funher agree to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct Cit>' payroll and overhead, costs and fees paid to consultants and other professionals. Resolutions of Citv: The Owners agree to be bound by the provisions set forth in all resolutions of the City Council in relation to the Improvements. Binding Effect: The terms and provi.sions 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 deemed covenants running with the land. References herein to Ow'ners, if there be more than one, shall mean each ar.d all of them. This agreement to be executed by the Owners, shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the subdivision and all recording fees, if any, shall be paid by the Owner. Notices: ^Tienever in this agreement it shall be required or permitted that notice or demand be given or served by party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the address set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to the Citv City or Orono Clerk/Administrator PO Box 66 Ciystal Bay. MN 55323 Notice to the Developer 032/'22l81912 9/I0i''99 Pzgi 3 of 6 Initials of Owners Initials of City Clerk