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20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />may be buried on the site at the direction of the City Engineer. Chipped material <br />may be applied and utilized on site to mitigate root damage from grade changes of <br />the easement or fight-of-way and for erosion control and top soil restoration. <br /> <br />SECTION VI <br />GENERAL <br /> <br />Boulevard and Area Restoration. The DEVELOPER shall be responsible for the cost <br />of establishing seed in all boulevards within thirty (30) days of the completion of the <br />street improvements, and restoring all other areas disturbed by the development grading <br />operation in accordance with the approved erosion and sediment control plan. The <br />DEVELOPER shall also be responsible for the cost of cleaning any soil, earth or debris <br />from the wetlands within and adjacent to this Plat resulting from grading performed in the <br />development of the 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 <br />Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are <br />estimated. The DEVELOPER agrees to pay the entire cost of said improvements <br />including interest, engineering and legal charges. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all <br />CITY expenses incurred in the approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) day billing period will permit the CITY to draw upon <br />any of the escrows required by this 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 provide <br />the CITY with proof of marketable title to the Plat either through a currently certified <br />abstract, registered property abstract or title insurance. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document issued by the City's Building Official which <br />authorizes the structure to be used for its intended purposes. <br /> <br /> <br />