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to/ <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />Construction Site Maintenance and Traffic. The DEVELOPER shall <br />adhere to City Ordinance No. 89-11 which is an Ordinance Regulating the <br />Dumping of Garbage, Site Development and Const~'uction Debris. In addition, the <br />DEVELOPER shall limit construction traffic during the construction of the homes in <br />the plats to only the streets in CHESTNUT POND. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY <br />all 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 <br />within fifteen (15) days of billing by the CITY and outstanding billings shall be <br />paid prior to recording of the Final Plat. Any expenses incurred after recording of <br />the Final Plat shall also be paid within said fifteen (15) day billing period. Failure <br />to pay the CITY'S expenses within the fifteen (15) day billing period will permit the <br />CITY to draw upon any of the escrows required by this contract for payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY <br />within fifteen (15) days of billing by the CITY for all costs incurred by the CITY in <br />defense or enforcement of this Agreement, or any portion thereof, including court <br />costs and reasonable engineering and attorney's fees. Failure to remit the CITY'S <br />billing within the fifteen (15) day period will permit the CITY to draw upon any and <br />all escrows held as security for payment of the account. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used herein <br />shall be defined as a document issued by the CITY's Building Official which <br />authorizes the structure to be used for its intended purposes. <br /> <br />Marketable Title. Prior to recording of the Final Plat the DEVELOPER shall <br />provide the CITY proof of marketable title to the Plat either through a currently <br />certified abstract, registered property abstract or title insurance. <br /> <br />Certificate of Occupancy. The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document issued by the City's Building Official <br />which authorizes the structure to be used for its intended purposes. <br /> <br />Invalidity of And Section. If any portion, section, subsection, sentence, <br />clause, paragraph or phase of this Agreement is for any reason held to be invalid by <br />a court of competent jurisdiction, such decision shall not effect or void any of the <br />other provisions of this Agreement. <br /> <br />Binding Agreement. The DEVELOPER agrees that this Development <br />Agreement shall be binding upon its successors and assigns. Breach of any of the <br />terms of this Development Agreement by the DEVELOPER shall be grounds for <br />denial of Building Permits for buildings in the Plat. <br /> <br />Binding Upon successors. The DEVELOPER agrees that this Development <br />Agreement shall be binding upon its successors and assigns. Breach of any of the <br />terms of this Development Agreement by the DEVELOPER shall be grounds for <br />denial of Building Permits for buildings in the Plat. <br /> <br />Draft Chestnut Pond <br />Development Agreement <br />7 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br /> <br /> <br />