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25. <br /> <br />Fencing Of Pasture Land. The DEVELOPER herein agrees to comply with the letter of <br />understanding between Oakwood Land Development, Inc., Milt Weichelt,' and Dave Mott, <br />drafted by Oakwood Land Development, Inc., and dated November 12. 2002. Said letter of <br />understanding, attached hereto as Exhibit A, establishes that the DEVELOPER will at <br />his/her own expense, construct an eight (8) foot high fence on the Weichelt and Mott parcels <br />to deter trespaSsing from the Plat onto the Weichelt and Mott properties. <br /> <br />26. <br /> <br />Upgrades Required On Lot 13, Block 4. The Developer herein agrees that the exterior <br />finish on the dwelling will be upgraded to a maintenance free type and the driveway access to <br />Junkite Street N.W. from the subject lot will b'e bituminous or concrete. These upgrades are <br />intended to erlsure that the existing homestead will be compatible with the newly developing <br />lots in the Plat. <br /> <br />27. <br /> <br />Construction Site Maintenance. The DEVELOPER shall adhere to all City ordinances <br />relating to, but not limited to, dumping of garbage, site development, .construction debris, <br />open burning, etc. <br /> <br />28. <br /> <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as <br />Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The <br />DEVELOPER agrees to pay the entire cost of said improvements including interest, <br />engineering and legal charges. <br /> <br />29. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that .it will pay to the CITY all CITY <br />expenses incu~rred in the approval of the Plat, including, but not limited to administration <br />expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of <br />billing by the !CITY and outstanding billings shall be paid prior to recording of the Final Plat. <br />Any expenses incurred after recording of the Final Plat shall also be paid with_in said fifteen <br />(15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day <br />billing period will permit the CITY to draw upon any of the escrows required by this contract <br />for payment. <br /> <br />30. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br />incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, <br />including court costs and reasonable engineering and attorney's fees. <br /> <br />31. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br />CITY with proof of marketable title to the Plat either through a currently certified abstract, <br />registered property abstract or title insurance. <br /> <br />32. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <br />shall be defined as a document issued by the City's Building Official which authorizes the <br />structure to be used for its intended purposes. <br /> <br />Development Agreement/Wildlife Sanctuary 3~ Addition <br /> Page 10 of 12 <br /> <br />27 <br /> <br /> <br />