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16. <br /> <br />'~ee <br /> <br />DEVELOPMENT CONTRACT - NATURE VIEW <br /> <br />GENERAL: <br /> <br /> Disease Prevention. The DEVELOPER shall prevent the introduction <br />and spread of tree disease into the residue tree populations of the Plat and <br />adjoining properties and reduce the impacts of construction on the residual <br />property of the Plat and adjoining properties. The DEVELOPER in order to <br />accomplish this shall: <br /> <br />Install physical barriers such as snow fence around trees that are to <br />remain (the fencing will be at least ten feet (10') from the remaining <br />trees; <br /> <br />Insure that all equipment operators will have readily available tree <br />wound dressing and will apply immediately to damaged trees if wounding <br />occurs; <br /> <br />Insure that trees will only be skidded against other trees that are to be <br />removed. Trees in the middle twenty feet (20') of road easement will be <br />removed first, with remaining trees to be removed to be skidded toward <br />the middle of the road easement. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />Dvmpina of G~rbage. The DEVELOPER shall adhere to City Ordinance No. 89- <br />11 which is an Ordinance Regulating the Dumping of Garbage, Site Development <br />and Construction Debris. <br /> <br />Reimbursement to City. The DEVELOPER agrees to reimburse the CITY <br />prior to recording of the Final Plat, for all costs incurred by the CITY in <br />defense or enforcement of this Contract, or any portion thereof, including court <br />costs and reasonable engineering and attorney's fees. In addition, the <br />DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in <br />approval of the plat, including, but not limited to administration expenses, <br />engineering and legal fees and any expenses the CITY might incur in construction <br />of either Stage I or Stage Il Improvements. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and shall be fully paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final <br />Plat shall also be paid within said fifteen (15) day billing period. Failure to pay <br />the CITY's expenses within the fifteen (15} day billing period will permit the <br />CITY to draw upon any of the excrows required by this contract for payment. <br /> <br />Marketable Title. Prior to recording of the Final Plat the DEVELOPER shall <br />provide to the CITY proof of marketable title to the Plat either through a <br />currently certified abstract, registered property abstract or title insurance. <br /> <br />Invalidity of Any One Sectior~, If any portion, section, subsection, sentence, <br /> <br /> <br />