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g) <br /> <br />minimize impact on trees to be protected within or outside of the Plat. Wood waste <br />disposal by fire must also manage air quality impact and smoke nuisance to adjoining <br />property owners as well as fire safety concerns. <br /> <br />Whole trees may not be disposed of by burning. Trunks and limbs larger than six (6) <br />inches in diameter must be salvaged for lumber, frrewood, chipped or hauled to a <br />licensed wood disposal site. Application may be made for an open burning permit to <br />dispose of brush less than six (6) inches in diameter and stumps with less than four <br />feet of main trunks attached. The location of the proposed open burn site will be <br />specified by the CITY. Wood disposal by burning requires whole tree volume <br />reduction, proposed site inspection prior to clearing and an open burning permit. <br />Residual ash and unburned stumpage may be buried on the site at the approval of the <br />CITY. Chipped material may be applied and utilized on site to mitigate root damage <br />from grade changes or used in the right-of-way for erosion control and top soil <br />restoration. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />SECTION VI <br />GENERAL <br /> <br />Hold Harmless Agreement. The DEVELOPER hereby agrees that execution of this <br />Development Agreement shall release the CITY from liability in the eVent that <br />emergency vehicle access to the subject property is hindered. <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 />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all <br />CITY expenses incurred in the approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) day billing period will permit the CITY to draw upon <br />any of the escrows required by this contract for payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br />thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide <br />the CITY with proof of marketable title to the Plat either through a currently certified <br />abstract, registered property abstract or title insurance. <br /> <br />Development Agreement/Riverbrook <br /> Page 6 of 8 <br /> <br /> <br />