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-274- <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14, <br /> <br />15. <br /> <br />CITY. Chipped material may be applied and utilized on site to mitigate root damage <br />from grade changes or used in the right-of-way for erosion control and top soil <br />restoration. <br /> <br />SECTION IV <br />GENERAL <br /> <br />Dumping of Garbage. The DEVELOPERS shall adhere to Section 5.11 of the Ramsey <br />City Code, which section Regulates the Dumping of Garbage, Site Development and <br />Construction Debris. <br /> <br />Reimbursement to City. The DEVELOPERS agree 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. Said <br />expenses shall be paid within fifteen (15) days of billing by the CITY and failure to pay <br />the CITY'S expenses within the fifteen (15).day billing period will permitthe CITY to <br />draw upon any of the escrows required by this Agreement for payment. <br /> <br />Plat Expense Reimbursement. The DEVELOPERS agree that they will pay to the <br />CITY out of any of the escrows required herein, all CITY expenses incurred in approval <br />of the Plat, including, but not limited to administration expenses, engineering and legal <br />fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and <br />outstanding billings shall be paid prior to recording of the Final Plat. Any expenses <br />incurred after recording of the Final Plat shall also be paid within said fifteen (15) day <br />billing period. Failure to pay the CITY'S expenses within the fifteen (I5) day billing <br />period will permit the CITY to draw upon any of the escrows required by this Agreement <br />for payment. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />to the CITY, proof of marketable title to the Plat either through a currently certified <br />abstract, registered property abstract or title insurance. <br /> <br />Invalidity of Any One Section. If any portion, section, subsection, sentence, clause, <br />Paragraph or phase of this Agreement is for any reason held to be invalid by a court of <br />competent jurisdiction, such decision shalI not effect or void any of the other provisions <br />of this Agreement. <br /> <br />Agreement Binding On Heirs, etc. The DEVELOPER agrees that this Development <br />Agreement shall be binding upon his successors and assigns. Breach of any of the terms <br />of this Development Agreement by the DEVELOPER shall be grounds for denial of <br />Building Permits for buildings in the Plat. <br /> <br /> IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br />__ day of ,2002. <br /> <br />I <br />I <br />I <br />I, <br />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 /> <br /> <br />