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DEVELOPMENT A~REEMENT - ~ATEWAY NORTH INDUBTRIAL PARK, PLAT 4 <br /> <br />Install physical barriers such as snow fence or <br />string with ribbon, etc. around trees that are to <br />remain (the fencing will be at least ten feet (10') <br />from these remaining trees); <br /> <br />Insure that all equipment operators will have <br />readily available tree wound dressing and will apply <br />immediately to damaged trees if wounding occurs; <br /> <br />Insure that trees will only be skidded against other <br />trees that are to be removed. Trees in the middle <br />twenty feet (20') of road easement will be removed <br />first, with remaining trees to be skidded toward the <br />middle of the road easement. <br /> <br />Dumping of Garbage. The DEVELOPER shall adhere to City <br />Ordinance No. 89-11 which is an Ordinance Regulating the <br />Dumping of Garbage, Site Development and Construction <br />Debris. <br /> <br />Reimbursement to city. The DEVELOPER agrees to reimburse <br />the CITY prior to recording of the Final Plat, for all <br />costs incurred by the CITY in defense or enforcement of <br />this Agreement, or any portion thereof, including court <br />costs and reasonable engineering and attorney's fees. <br />In addition, the DEVELOPER agrees that it will pay to the <br />CITY all CITY expenses incurred in approval of the Plat, <br />including, but not limited to administration expenses, <br />engineering and legal fees. Said expenses shall be paid <br />within fifteen (15) days of billing by the CITY and shall <br />be fully paid prior to recording of the Final Plat. Any <br />expenses incurred after recording~of the Final Plat shall <br />also be paid within said fifteen (15) day billing period. <br />Failure to pay the CITY'S expenses within the fifteen <br />(15) day billing period will permit the CITY to draw upon <br />any of the escrows required by this contract for payment. <br /> <br />Marketable Title. Prior to recording of the final plat <br />the DEVELOPER shall provide to the CITY proof of <br />marketable title to the plat either through a currently <br />certified abstract, registered property abstract or title <br />insurance. <br /> <br />Invalidity of Any One Section. If any portion, section, <br />subsection, sentence, clause, paragraph or phase of this <br />Agreement is for any reason held to be invalid by a court <br />of competent jurisdiction, such decision shall not effect <br />or void any of the other provisions of this Agreement. <br /> <br /> <br />