10/14/2002 Council Packet - Laserfiche WebLink

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• • within public drainage and utility easements on the Development Property impair public safety. 9. RECIPRICAL EASEMENT, OPERATION AND MAINTENANCE AGREEMENT. Prior to Final Plat Approval the Developer shall provide to the City for its review and approval the proposed Reciprocal Easement Agreement and Operation and Maintenance Agreements for Development Property. Such agreement shall at a minimum provide for; 1) maintenance of private improvements (i.e., lighting, utilities, pavement); 2) Provisions for implementation of Surface Water Runoff Best Management Practices (BMP)'s; and 3) Provisions for maintaining Open Space and Infiltration Areas. 10. REIMBURSEMENT OF COSTS. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount reasonably determined by the City Administrator or her designee for the payment of all reasonable costs incurred by the City related to the development of the plat and the Developer Improvements (See Exhibit D for Breakdown of costs). Trunk Sanitary Sewer, Trunk Water and Surface Water Management fees shall be collected for Lots 1, 2, and 3, Block 1, JADT Addition prior to issuance of Building Permits for said lots. 11. INDEMNITY AND REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from subdivision or plat approval and from development of the Development Property. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys' fees. Furthermore, the Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. Notwithstanding the above, Developer shall have no obligation to indemnify nor hold the City and its officers, employees and agents harmless from claims made by third parties for damages sustained or incurred resulting from the negligence or willful acts of the City, its officers, employees or agents, other than approval of the Development Property and related development plans. 12. HOURS OF CONSTRUCTION ACTIVITY. All construction activity shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. No work shall be allowed on Sundays or the Holidays of Thanksgiving, Christmas, New Years, Day, Independence Day and Labor Day without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. 13. OCCUPATION OF PREMISE. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, and street improvements serving such premises to the extent of the concrete curb, gutter and bituminous base required by this Development JADT AGREEMENT 10/09/02