Agenda - Council - 02/28/1995 - Laserfiche WebLink

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I I I I I I I I I I I I 10. 11. smoke npisance to adjoining property owners as well as fire safety concerns. Whole trees may not be disposed of by burning. Trunks and limbs larger than six (6) inches it) diameter must be salvaged for lumber, firewood, chipped or hauled to a licensed wood disposal site. Application may be made for an open burning permit to dispose of brush le~ss than six (6) inches in diameter and stumps with less than four feet of main umnks a[tached. The location of the proposed open bum site will be specified by the City Enginee4', Environmental Specialist and Fire Chief. Wood disposal by burning requires whole t~ee volume reduction, proposed site inspection prior to clearing and an open burning!permit. Residual ash and unburned stumpage may be buried on the site at the directiofl of the City Engineer. Chipped material may be applied and utilized on site to mitigatd root damage from grade changes of the easement or right-of-way and for erosion control ~d top soil restoration. Advise ~e City, in writing, of any costs incurred for Oak Wilt suppression. Dumping of Garbage. The DEVELOPERS shall adhere to City Ordinance No. 89-11 which '_~ an Ordinance Regulating the Dumping of Garbage, Site Development and ConstruCtion Debris. Reimbflrsement to City. Thc DEVELOPERS agree to reimburse the CITY for allScos~s 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. Said expensd, s shall be paid within fifteen (15) days of billing by the CITY and failure to pay the CIT~Y'S expenses within the fifteen (15) day billing period will permit the CITY to draw u~on any of the escrows required by this Agreement for payment. Plat E~pense Reimbursement. The DEVELOPERS agree that they will pay to the CITY OU~rt of any of the escrows required herein, all CITY expenses incurred in approval of the ~lat, including, but not limited to administration expenses, engineering and legal fees. S~aid expenses shall be paid within fifteen (15) days of billing by the CITY and outstan~ling billings shall be paid prior to recording of the Final Plat. Any expenses incurre~t after recording of the Final Plat shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (I5) day billing period ~ill permit the CITY to draw upon any of the escrows required by this Agreement for payment. Marke~table Title. Prior to recording of the final plat, the DEVELOPERS shall provid~ to the CITY, proof of marketable title to the plat either through a currently certified abstract, registered property abstract or title insurance. Invalidity of Any One Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect or void any of the other provisions of this Agreement. I I I I 12. Agreement Binding On Heirs, etc. The DEVELOPERS agree that this2Dqvelopment Agreement shall be binding upon his successors and assigns. Breach of any of ~.he terms of this Development Agreement by the DEVELOPERS shall be grounds for denial of Building Permits for buildings in the Plat. : IN WITNESS day of THEREOF, the parties have hereunto set their hands and seals, this ,1995.