Resolution 5666 - Laserfiche WebLink

(e) Reclamation. All reclamation completed on a Transfer Lot shall have been completed by Rinker at its sole cost and expense in accordance with the Amended Permit and the City's "Technical Acceptance Standards" as set forth in the attached Exhibit C (the "Acceptance Standards"). The parties acknowledge that there is an existing DNR surface mining permit(#70-010161) that will require amendment in order to implement this Agreement(as amended, the "Amended Permit"). Upon Rinker's written request, the City shall issue a letter to DNR indicating the City's support for any reclamation permit amendments required to implement this Agreement, so long as such amendments are consistent with the terms of this Agreement, City regulations and state law. (f) Grading. Each Transfer Lot shall have been rough-graded and compacted by Rinker at its sole cost and expense in accordance with the Amended Permit and the Acceptance Standards, as reasonably determined by the City. (g) Grading Compaction. Rinker shall complete rough grading on each Transfer Lot in accordance with Acceptance Standards. (h) Roads. Rinker and the City developed an"Interim Access Plan"prior to the transfer of Lot 45-A and, if necessary, shall jointly develop a"Final Access Plan,"providing for access to and use of Lots 45-A, 45-B, 45-C, 45-D and 45-E,prior to the completion of the frontage improvements described in Subsection 1.8(k). (i) Slopes. For a period of three(3)years after conveyance of the final Transfer Lot, Rinker expressly warrants the surface and subsurface stability of all slopes on each of the Transfer Lots. Rinker shall not be responsible for sloughs or failures due to actions of the City or members of the public. Rinker shall provide reasonable maintenance of the slopes of 2004 Revised Development Agreement 14 8/23/2005