2000-03-29 Packet - Laserfiche WebLink

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(1) Satisfactorily correct the objectionable soil conditions to the Purchaser's satisfaction; or (2) if available, offer to exchange another Lot of similar or equal value; or (3) refund to Purchaser all monies expended by Purchaser to date thereof with respect only to the Lot Release Price paid for said Lot, less any deposit consistent with the terms of his contract. It is hereby stipulated and agreed that the Purchaser forever releases the Seller from any and all claims and liability with respect to the soil condition of any Lot upon which the Purchaser causes to be constructed any house footings or any improvements thereon; (C) Purchaser acknowledges that it is aware that excavation and construction activity on or near the Lot may destroy or damage existing trees. The Seller makes no representation or warranty as to the survivability of existing trees. (D) Purchaser acknowledges its obligation to dispose of dead, diseased and displaced trees and shrubbery from the Lot in a timely manner and consistent with all governmental regulations. Purchaser further acknowledges and accepts responsibility for compliance with the City of Centerville Tree Ordinance. Seller makes no representation regarding the physical condition of existing trees. (E) Purchaser acknowledges that the Seller makes no warranty or representation in regard to die water level to be maintained in any pond or waterway on or near the Lot, nor does the seller make any representation in regard to the ownership or maintenance of any such pond or waterway. (F) Purchaser acknowledges that no dredged or fill material may be placed into waters, wetlands or drainage easements and no cutting, removing, or burning of vegetation will be allowed within the easements without the written approval of the Corps of Engineers, Minnesota Department of Natural Resources, relevant Watershed District, and City of Centerville. (G) Purchaser shall construct a single- family detached home on the Lot pursuant with the Drainage, Grading, and Development Plan, approved by the City of Centerville. Purchaser agrees to indemnify and hold the Seller harmless from any problems created by improper grading of the Lot. Purchaser acknowledges that it shall be Purchaser's obligation to pay all utility hook -up charges, as well as sewer and water connection availability charges, charged by any utility or by the municipality; (H) Purchaser agrees to assume responsibility for erosion control as of the Date of Closing, Purchaser agrees to exercise prudent control over the water and/or wind erosion of the soil during and after the construction period. In the event the City requires clean -up or erosion control measures to be implemented, it shall be the responsibility of the Purchaser to accomplish the same, within 7 days notice by developer, or reimburse Seller, for monies expended on behalf of the Seller to satisfy City requirements; (I) That the Purchaser shall be solely responsible for the following items prior to receiving a Partial Satisfaction of Mortgage: (1) Connect the utility services to the residence constructed on the Property (all utility hook -up charges, as well as sewer and water connection charges, imposed by any utility company, the municipality or the Metropolitan Sewer Commission, shall be paid for by the Purchaser); (2) Landscape and provide site improvements as required by the municipality including, but not limited to, the items specified in (3), (4) and (5) below: (3) Sodding of the entire lot on a minimum of 4 inches of approved top soil up to any erosion fences; Wetlands easements are protected under special provisions of the Corps of Engineers, the Minnesota Department of Natural Resources, relevant Watershed District and City of Centerville and are not to be sodded, encroached upon, changed or damaged. Erosion fences must remain in place until acceptable growth has been established. Buyer /owner may have to on occasion re- seed these areas and after growth is established, dismantle and dispose of erosion fence; (4) Planting of one (1) tree centered in the front yard outside the right of way, of at least 2" in diameter as measured at six inches above grade. Two trees are required on corner lots; (5) A minimum of $1,000.00 new landscaping in the front yard area, (exclusive of tree and sod cost) which shall include no less than ten (10) three- gallon or equivalent size shrubs and one or more of the following: decorative rock, decorative brick, landscape timbers or other edging Page 3 of 6 Pages