08-14-2023 Council Packet - Laserfiche WebLink

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5 227533v1 13. License. Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with development of the Property. 14. Claims. In the event that the City received claims from labor, material, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, material, or others are seeking payment from the City, Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys’ fees pursuant to this Contract. 15. Erosion Control. The City will not issue permits for construction of the Improvements, Sewer Extension, or construction of the private driveway over Outlot A, until Developer has submitted Plan B, including any applicable erosion control measures, and the same have been implemented by Developer and inspected and approved as being compliant by the City. The City may impose additional erosion control requirements if reasonably required in the City’s sole discretion. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Seed shall be in accordance with the City’s current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify Developer in advance of any proposed action, but failure of the City to do so will not affect Developer’s and City’s rights or obligations hereunder. If Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the Security to pay any costs. 16. Clean Up. Developer shall clean dirt and debris from streets that has resulted from construction work by Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. Construction and Maintenance of Improvements. Developer shall construct the Improvements as enumerated in Sections 7 and 8 of this Contract. Upon completion of the Improvements, the City shall inspect the Improvements and notify Developer if any of the Improvements do not conform to the requirements of this Contract. Upon satisfactory completion of the public sanitary sewer extension, the City Council shall formally accept said sewer as public and will thenceforth own and maintain said sewer extension. At the request of Developer, upon expiration of all warranties and completion of the Improvements in conformance to the requirements DRAFT