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I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br /> I <br /> I <br /> I <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />30. <br /> <br />event that the adjacent property owners do not purchase the outlots adjacent to their <br />properties, the DEVELOPER shall have the right to submit one or more final plats that <br />incorporate the outlots into the proposed platted lots. In the event that a minor <br />recomfiguration results in more than a total of 157 lots, the DEVELOPER shall be obligated <br />to pay the applicable Park, Trail and Trunk Utility fees for the additional lots. <br /> <br />Boulevard and Area Restoration. The DEVELOPER shall be responsible for the cost of <br />establishing seed in all boulevards within thirty (30) days of the completion of the street <br />improvements, and restoring all other areas disturbed by the development grading operation <br />in accordance with the approved erosion and sediment control plan. The DEVELOPER <br />shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands <br />within and adjacent to this Plat resulting from grading performed in the development of the <br />land. <br /> <br />Construction Site Maintenance. The DEVELOPER shall adhere to all City ordinances <br />relating to, but not limited to, dumping of garbage, site development, construction debris, <br />open burning, etc. <br /> <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as <br />Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The <br />DEVELOPER agrees to pay the entire cost of said improvements including interest, <br />engineering and legal charges. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY <br />expenses incurred in the approval of the Plat, including, but not limited to administration <br />expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of <br />billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. <br />Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen <br />(15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day <br />billing period will permit the CITY to draw upon any of the escrows required by this <br />contract for payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br />thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall proivide the <br />CITY with proof of marketable title to the Plat either through a currently certified abstract, <br />registered property abstract or title insurance. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <br />shall be defined as a document issued by the City's Building Official which authorizes the <br />structure to be used for its intended purposes. <br /> <br />Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phase of this Agreement is for any reason held to be invalid by a court of competent <br /> <br />-121- <br /> <br /> <br />