Agenda - Council - 06/11/1991 - Laserfiche WebLink

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I I I I I I I I I I I 18. 19. 20. 21. 22. 23. Vii GENERAL Tree Disease Prevention. The DEVELOPER shall prevent the introduction and spread of tree disease into the residue tree populations of the Plat and adjoining properties and reduce the impacts of construction on the residual property of the Plat and adjoining properties. The DEVELOPER in order to accomplish this shall: Install physical barriers such as snow fence or string with ribbon, etc. around trees that are to remain (the fencing will be at least ten feet (10') from these remaining trees); b4 Insure that all equipment operators will have readily available tree wound dressing and will apply mediately 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 skidded toward the middle of the road easement. Dumping 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. Plat Expense Reimbursement. The DEVELOPER agrees that they 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 consmaction 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 escrows required by this Agreement for payment. Reimbursement 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 Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. Morketable Title. Prior to recording of the final plat the DEVELOPER shall provide to the CITY proof of marketable title to both the Plat and the two access easements described in Section VI. This shall be done either through a currently certified abstract, registered property abstract or tire insurance. I~validity of Any One section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement 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 Agreement. DEVELOPMENT AGREEMENT - HUNTERS RIDGE ADDITION Page 5 of 6