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Agenda - Council - 07/12/1994
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Agenda - Council - 07/12/1994
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
07/12/1994
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10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />inches {~n diameter must be salvaged for lumber, firewood, chipped or hauled to a licensed <br />wood d}sposal site. Application may be made for an open burning permit to dispose of <br />brush l~ss than six (6) inches in diameter and stumps with less than four feet of main <br />trunks a.'.(,ttached, The location of the proposed open bum site will be specified by the City <br />Engineer, Environmental Specialist and Fire Chief. Wood disposal by burning requires <br />whole ti'ce volume reduction, proposed site inspection prior to clearing and an open <br />burning~ipermit. Residual ash and unburned stumpage may be buried on the site at the <br />directiohr of the City Engineer. Chipped material may be applied and utilized on site to <br />mitigate[root damage from grade changes of the easement or right-of-wa}, and for erosion <br />control a[nd top soil restoration. <br /> <br />Advise the City, in writing, of any costs incurred for O~ Wilt suppression. <br /> <br />Dumpin{,'g of Garbage. The DEVEbOPER shall adhere to City Ordinance No. 89-11 <br />which i~ an Ordinance Regulating the Dumping of Garbage, Site Development and <br />Constru{tion Debris. <br /> <br />Reimbu?sement to City. The DEVELOPER agrees to reimburse the CITY for all <br />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. Said <br />expenseslshall 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 upo,n any of the escrows required by this Agreement for payment. <br /> <br />Plat Expense Reimbursement. The DEVELOPER a~ees 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 Pl~.t, including, but not limited to administration expenses, engineering and legal <br />fees. Saint expenses shall be paid within fifteen (15) days of billing by the CITY and <br />outstanding billings shall be paid prior to recording of the Final Plat. Any expenses <br />incurred ~fter recc~rding of the Final Plat shall also be paid within said fifteen (15) da,,, <br />billing pehod. Failure~to pay the CITY'S expenses within the fifteen (15) day billin~ <br />period wi!l permit the CITY to draw upon any of the escrows required by this Agreement <br />for payme~nt. <br />Marketal~le Title. Prior to recorctin~ of the final plat, the DEVELOPER shall provide <br />to the CIWY, proof of marketable title to the plat either through a currently certified <br />abstract, r~stered property abstract or title insurance. <br />Invalidit~ of Any One Section. tf any pon:ion, section, subsection, sentence, clause, <br />paragraph !or phase of this Agreement is for any reason held to be invalid by a court of <br />competent i, jurisdicrion, such decision shall nor effect or void any of the other provisions of <br />this AgreerBent. <br /> <br />Agreement Binding On Heirs, etc. The DEVELOPER agrees that this <br />Developm4nt 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 ~ounds for <br />denial of Bhilding Permits for buildings in the Plat. <br /> <br /> IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br />__ day of July, 1994. <br /> <br /> <br />
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