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mitigate root damage from grade changes of the easement or right-of-way and for erosion <br />control and top soil restoration. <br /> <br />22. Construction Site Maintenance. The DEVELOPER shall <br /> ordinances relating to, but not limited to, dumping of garbage, <br /> construction debris, open burning, etc. <br /> <br />adhere to all City <br />site development, <br /> <br />23.Estimated Cost. It is understood and agreed that cost amounts set forth in this <br /> Agreement as State 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, fiscal engineering and legal charges. <br /> <br />24. 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 any <br /> of the escrows requked by this contract for payment. <br /> <br />25. Reimbursement t0 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 portion <br /> thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />26. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br /> the CITY proof of marketable title to the Plat either through a currently certified abstract, <br /> registered property abstract or title insurance. <br /> <br />27. 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 /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> l <br /> I <br />I <br />I <br />I <br />! <br /> <br />28.Invalidity of Any Section. If any portion, section, subsection, sentence, <br /> <br /> clause,4paragraph or phase of this Agreement is for any reason held to be invalid by a court <br /> <br /> <br />