Agenda - Council - 10/28/2003 - Laserfiche WebLink

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25. Fencing Of Pasture Land. The DEVELOPER herein agrees to comply with the letter of understanding between Oakwood Land Development, Inc., Milt Weichelt, and Dave Mot[, drafted by Oakwood Land Development, Inc., and dated November 12. 2002. Said letter of understanding, attached hereto as Exhibit A, establishes that the DEVELOPER will at his/her own expense, construct an eight (8) foot high fence on the Weichelt and Mott parcels to deter trespassing from the Plat onto the Weichelt and Mort properties. 26. Upgrades Required On Lot I3, Block 4. The Developer herein agrees that the exterior finish on the dwelling will be upgraded to a maintenance free type and the driveway access to Junkite Street N.W. from the subject lot will b'e bituminous or concrete. These upgrades are intended to ensure that the existing homestead will be compatible with the newly developing lots in the Plat. 27. Construction Site Maintenance. The., DEVELOPER shall adhere to all City ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. 28. Estimated Cost. It is understood and a~eed that cost amounts set forth in this Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, engineering and legal charges. 29. Plat Approval Expenses. The DEVELOPER agrees that .it will pay to the CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. .Amy expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. 30. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 3I. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY with proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. 32. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official which authorizes the structure to be used for its intended purposes. -20-4- Development Agreement/Wildlife Sanctua~ 3~ Addition Page 10 Of 12