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18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />for disease control. An inspection to reduce or abate wood waste disposal must <br />also manage air quality impact and smoke nuisance to adjoining property owners as <br />well as fire safety concerns. <br /> <br />g) Whole trees may not be disposed of by burning. Trunks and limbs larger than <br />six (6) inches in diameter must be salvaged for lumber, firewood, chipped or <br />hauled to a licensed wood disposal site. AppLication may be made for an open <br />burning permit to dispose of brush less than six (6) inches in diameter and stumps <br />with less than four feet of main trunks attached. The location of the proposed open <br />burn site will be specified by the City Engineer, Environmental Specialist and Fire <br />Chief. Wood disposal by burning requires whole tree volume reduction, proposed <br />site inspection prior to clearing and an open burning permit. Residual ash and <br />unburned stumpage may be buried on the site at the direction of the City Engineer. <br />Chipped material may be applied and utilized on site to mitigate root damage from <br />grade changes of the easement or right-of-way and for erosion control and top soil <br />restoration. <br /> VI. GENERAL <br /> <br />Construction Site Maintenance. The DEVELOPER shall adhere to all City <br />ordinances relating to, but not limited to, dumping of garbage, site development, <br />construction debris, open burning, etc. <br /> <br />Estimated Cost. It is understood and agreed that cost mounts set forth in this <br />Agreement as State I and Stage II Improvements, unless specified as fixed <br />amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said <br />improvements including interest, fiscal engineering and legal charges. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY ali <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 <br />within f'gteen (15) days of billing by the CITY and outstanding billings shall be <br />paid prior to recording of the Final Plat. Any expenses incurred after recording of <br />the Final Plat shall also be paid within said fifteen (15) day billing period. Failure <br />to pay the CITY'S expenses within the fifteen (15) day billing period will permit the <br />CITY to draw upon any of the escrows required by this contract for payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for <br />all costs incurred by the CITY in defense or enforcement ~of this Agreement, or any <br />portion thereof, including court costs and reasonable engineering and attorney's <br />fees. <br /> <br />Marketable Tide. Prior to recording of the Final Plat, the DEVFJ.OPER shall <br />provide the CITY proof of marketable title to the Plat either through a currently <br />certified abstract, registered property abstract or tide insurance. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as <br />this.Agreement shall be defined as a document issued by the City's <br />Official which authorizes the structure to be used for its intended purposes. <br /> <br />used in <br />Building <br /> <br />Invalidity of Any 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 <br />of competent jurisdiction, such decision shall not effect or void any of the other <br />provisions of this Agreement. <br /> <br /> I <br /> I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />