Agenda - Council - 09/26/1989 - Laserfiche WebLink

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DEVELOPMENT CONTRACT - NORTHFORK THIRD Install physical barriers such as snow fence around trees that are to remain (the fencing will be at least ten feet (10') from the remaining trees; Insure that all equipment operators will have readily available tree wound dressing and will apply immediately to damaged trees if wounding occurs; Insure that trees will only be skidded against other trees that are to be removed. Trees in the middle twenty feet (20') of road easement will be removed first, with remaining trees to be removed to be skidded toward the middle of the road easement. 15. 16. 17. 18. 19. Dum.oin_a of Garbage. The DEVELOPER shall adhere to City Ordinance No. 89- 11 which is an Ordinance Regulating the Dumping of Garbage, Site Development and Construction Debris. .R~irnbursement to City. The DEVELOPER agrees to reimburse the CITY prior to recording of the Final Plat, for all costs incurred by the CITY in defense or enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. In addition, the DEVELOPER agrees that it will pay to the CiTY all CITY expenses incurred in approval of the plat, including, but not limited to administration expenses, engineering and legal fees and any expenses the CiTY might incur in construction of either Stage I or Stage II Improvements. Said expenses shall be paid within fifteen (15) days of billing by the CITY and shall be fully paid prior to recording of the Final Plat. Any 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 excrows required .by this contract for payment. Marketable Title. Prior to recording of the Final Plat the DEVELOPER shall provide to the CITY proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. Invalidity of Any One ~;ecti0n. If any portion, section, subsection, sentence, clause, paragraph or phase of this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect or void any of the other provisions of this Contract. Ac~reement Binding On heirs, et~;. The DEVELOPER agrees that this Development Contract shall be binding upon its successors and assigns. Breach of any of the terms of this Development Contract by the DEVELOPER shall be grounds for denial of Building Permits for buildings in the Plat.