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10. <br /> <br />11. <br /> <br />Requir4ments for Building Permits. No building permit for any lot in the Plat shall <br />be issue~ until a Certificate of Survey for the lot on which the building permit is requested, <br />includin~ that information required by the CITY, has been supplied to the Building <br />Official. i <br /> <br />Tree ~isease Prevention. The DEVELOPERS shall prevent the introduction and <br />spread of tree disease into the residue tree populations of the Plat. <br /> <br />Dumping of Garbage. The DEVELOPERS shall adhere to City Code Section <br />5.11.03 ~hich is a section Regulating the Dumping of Garbage, Site Development and <br />ConstruCtion Debris. <br /> <br />Reimbu~rsement to City. The DEVELOPERS agree to reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Agreement, ,or an>, portion <br />thereof, lincluding court costs and reasonable engineering and attorney s fees. Said <br />expenses shall be paid within fifteen (15) days of billing by the CITY and failure to pay <br />the CIT~Y'S expenses within the fifteen (15) day billing period will permit the CITY to <br />draw upon any of the escrows required by this Agreement for payment. <br /> <br />Plat E~pense Reimbursement. The DEVELOPERS agree that it will pay to the <br />CITY oht of any of the escrows required herein, all CITY expenses incurred in approval <br />of the Piat, including, but not limited to administration expenses, engineering and legal <br />fees. SSd expenses shall be paid within fLfteen (15) days of billing by the CITY and <br />outstan ~C[fi.ng billings shall be paid pr/or to recording of the Final Plat. An>, expenses <br />incurredlafter recording of the Final Plat shall also be paid within said fifteen (15) day <br />billing l~[eriod. Failure to pa>, the CITY'S expenses within the fifteen (15) da>, billing <br />period 64ill permit the CITY to draw upon any of the escrows required by this A~eement <br />for payffient. <br /> <br />Market,able Title. Prior to recording of the Final Plat, the DEVELOPERS shall <br />provide ~to the CITY, proof of marketable title to-'the Plat either through a currently <br />certified ~bstract, registered property abstract or title insurance. <br />InvaIidi~tv of Any One Section. If any portion, section, subsection, sentence, clause, <br />paragraph or phase of th~s Agreement is for any reason held to be invalid by a court of <br />compete.hr jurisdiction, such decision shall not effect or void any of the other provisions of <br />this Agreement. <br /> <br />Agreement Binding On Heirs, etc. The DEVELOPERS agree that this <br />Developtnent Agreement shall be binding upon its successors and assigns. Breach of any <br />of the ti ~'ms of this Development Agreement by the DEVELOPER shall be pounds for <br />denial of;Building Permits for buildings in the Plat. <br /> <br />IN WI'~.NESS THEREOF, the parties have hereunto set theLr hands and seals, this <br />day of ( ,1994. <br /> <br />By: <br /> <br />Gerald Ji Bauer <br /> <br />By: <br /> <br />Heide A. Bauer <br /> <br /> <br />