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19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br /> than six (6) inches in diameter must be salvaged for lumber, firewood, <br /> chipped or hauled to a licensed wood disposal site. Application may be <br /> made for an open burping permit to dispose of brush less than six (6) inches <br /> in diameter and stumps with less than four feet of main trunks attached. <br /> The location of the proposed open burn site will be specified by the City <br /> Engineer, Environmental Specialist and Fire Chief. Wood disposal by <br /> burning requires whole tree volume reduction, proposed site inspection <br /> prior to clearing and an open burning permit. Residual ash and unburned <br /> smmpage may be buried on the site at the direction of the City Engineer. <br /> Chipped material may be applied and utilized on site to mitigate root damage <br /> from grade changes of the easement or right-of-way and for erosion control <br /> and top soil restoration. <br /> <br />fiumtfine of Garbage. The DEVELOPER shall adhere to all City ordinances <br />rflatihg t~, but not tir~ted to, dumping of garbage, site development, construction <br />d~:bris, open burning, etc. <br /> <br />F_Jstimated Costs. It is understood and agreed that construction cost amounts set <br />fc~rth in this Agreement as Stage I and Stage II Improvements, unless specified as <br />fiked amounts, are estimated. The DEVELOPER agrees to pay the entire cost of <br />s~d improvements including interest, fiscal engineering and legal charges. <br /> <br />Pla! Expense Reimbursement. The DEVELOPER agrees that it will pay to <br />thi~ CITY all CITY expenses incurred in approval of the Plat, including, but not <br />limited to adminisu'afion expenses, engineering and legal fees. Said expenses shall <br />b4paid within fifteen (15) days of billing by the CITY and outstanding billings <br />sh~.ll be paid prior to recording of the Final Plat. Any expenses incurred after <br />re~,ording of the Final Plat shall also be paid within sai~l fifteen (15) days billing <br />period. Failure to pa3' the CITY'S expenses with the fifteen (15) day billing <br />period will permit the CITY to draw upon.any of the escrows required by this <br />col~tract for payment. <br /> <br />Re ,mbursement to City. The DEVELOPER agrees to reimburse the CITY <br />for all costs incurred by the CITY in defense or enforcement of this A~eement, or <br />an' portion thereof, including court costs and reasonable en~neering and attorney's <br />fee~. <br /> <br />No[ifieation, The DEVELOPER agrees to notify the CITY of all sales of lots <br />wit_~in the Plat. <br />Cer}._tificate of O. ccupancy, The term "Certificate of Occupancy" as used in this <br />Ag4eement shall be defined as a document issued by the City's Building Official <br />whiCh authorizes the structure to be used for its intended purposes. <br /> <br />Marketable Title. Prior to recording of the final plat, the DEVELOPER shall <br />pro3ide to the CITY proof of marketable title to both the Plat either through a <br />currently certified abstract, re~stered property abstract or title insurance. <br /> <br />Proof of Authority. When the DEVELOPER is a corporation, the CITY <br />requires proof of authority by the corporation to execute this Agreement. This <br />proo~ of authority could be satisfied by providing the CITY with a certified copy of <br />minutes of the corporate Board of Directors ~anring such authority. <br /> <br /> <br />