Agenda - Council - 12/09/1997 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I ! 18. 19. 20. 2I. 22. 23. 24. 25. inspection prior to clearing and an open burning permit. Residual ash and unburned stumpage may be buried on the site at the direction of the City Engineer. Chipped material may be applied and utilized on site to mitigate root damage from grade changes of the easement or right-of-way and for erosion control and top soil restoration. Dumping of Garbage. The DEVELOPER shall adhere to all City ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open buming, etc. Estimated Costs. It is understood and agreed that construction cost amounts set forth in this Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, fiscal engineering and legal charges. Plat Expense Reimbursement. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in approval of the Plat, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) days billing period. Failure to pay the CITY'S expenses with the fifteen (15).day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. Reimbursement to Ci .ry. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. Notification. The DEVELOPER agrees to notify the CiTY of ali sales of lots within the Plat. Certificate of Occupancy, The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official which authorizes the structure to be used for its intended purposes. Marketable Title. Prior to recording of the final plat, the DEVELOPER shall provide to the CITY proof of marketable title to both the Plat either through a currently certified abstract, registered property abstract or title insurance. Proof of Authority.. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority could be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority.