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! <br />,I <br /> I <br /> <br /> I <br /> I <br /> i <br /> I <br /> I <br /> I <br /> <br />o <br /> <br />10. <br /> <br />11. <br /> <br />burning permit. Residual ash and unburned stumpage may be buried on the site at the <br />direction 4f the City Engineer. Chipped material may be applied and utilized on site to <br />mitigate r4ot damage from grade changes of the easement or right-of-way and for erosion <br />control anti top soil restoration. <br /> <br />Advise tha City, in writing, of any costs incurred for Oak Wilt suppression. <br /> <br />Dumpingi of Garbage, The DEVELOPER shall adhere to City Ordinance No. 89-11 <br />which is ~tn Ordinance Regulating the Dumping of Garbage, Site Development and <br />Constmcti~on Debris. <br /> <br />ReimburSement to City. The DEVELOPERS agree to reimburse the CITY for <br />all8costs 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 fees. Said <br />expenses [;hall be paid within fifteen (15) days of billing by the CITY and failure to pay ' <br />the CITY'S expenses within the fifteen (15) day billing period will permit the CITY to <br />draw upofi any of the escrows required by this Agreement for payment. <br /> <br />Plat Expense Reimbursement. The DEVELOPER agrees that he will pay to the <br />CITY out'of any of the escrows required herein, all CITY expenses incurred in approval <br />of the Pla~t including, but not limited to administration expenses, engineering and legal <br />fees. Sai~ expenses shall be paid within fifteen (15) days of billing by the CITY and <br />outstandil g billings shall be paid prior to recording of the Final Plat. Any expenses <br />incurred !.tier recording of the Final Plat shall also be paid within said fifteen (15) day <br />billing p6?od. Failure to pay the CITY'S expenses within the fifteen (15) day billing <br />period wi!l >ermit the CITY to draw upon any of the escrows required by this Agreement <br />for payment. <br /> <br />Marketable Title. Prior to recording of the final plat, the DEVELOPER shall provide <br />to the CITY, proof of marketable title to the plat either through a currently certified <br />abstract, rbgistered property abstract or title insurance. <br /> <br />Invalidil~y of Any One Section. If any portion, section, subsection, sentence, clause, <br />paragrapl!~ or phase of this Agreement is for any reason held to be invalid by a court of <br />competeV4t jurisdiction, such decision shall not effect or void any of the other provisions of <br />this Agreement. <br /> <br />Agreemt~nt Binding On Heirs, etc. The DEVELOPER agrees that this <br />Developr~ent Agreement shall be binding upon his successors and assigns. Breach of any <br />of the terms of this Development Agreement by the DEVELOPER shall be grounds for <br />denial of Building Permits for buildings in the Plat. <br /> <br /> IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br />__ day of ,1995. <br /> <br />DEVELOPERS: <br /> <br />Richard J. Kerner <br /> <br /> <br />