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17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br /> VI. <br />GENERAL <br /> <br />Tree Disease Prevention. The DEVELOPER shall prevent thc introduction <br />and spread of tree disease into thc residue tree populations of the Plat and adjoining <br />properties and reduce the impacts of construction on the residual property of the <br />Plat and adjoining properties. The DEVELOPER in order to accomplish this <br />shall: <br /> <br />Install physical barriers such as snow fence or string with ribbon, etc. <br />around trees that are to remain (the fencing will be at least ten feet (10') <br />from these remaining trees); <br /> <br />Insure that all equipment operators will have readily available tree wound <br />dressing and will apply immediately to damaged trees if wounding 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 skidded toward the middle of the <br />road easement. <br /> <br />Dum0ing of Garbage. The DEVELOPER shall adhere to City Ordinance No. <br />89-11 which is an Ordinance Regulating the Dumping of Garbage, Site <br />Development and Construction Debris. <br /> <br />Plat Ex0ense Reimbursement. The DEVELOPER agrees that they will pay <br />to the CITY all CITY expenses incurred in approval of the Plat, including, but not <br />limited to adrniniswation expenses, engineering and legal fees and any expenses the <br />CITY might incur in construction of either Stage I or Stage II Improvements. Said <br />expenses shall be paid within fifteen (15) days of billing by the CITY and shall be <br />fully paid prior to recording of the Final Plat. Any expenses incurred after <br />recording of the Final Plat shall also be paid within said fifteen (15) day billing <br />period. Failure to pay the CITY'S expenses within the fifteen (15) day billing <br />period will permit the CITY to draw upon any of the escrows required by this <br />Agreement for payment. <br /> <br />Reimbursement to 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 <br />in defense or enforcement of this Agreement, or any portion thereof, including <br />court costs and reasonable engineering and attorney's fees. Failure to pay the <br />CITY'S expenses within said fifteen (15) day billing period will permit the CITY <br />to draw upon any of the escrows required by this Agreement 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 both the Plat. This shall be done <br />either through a currently certified abstract, registered property abstract or title <br />insurance. <br /> <br />Invalidity 9f Any One 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 />DEVELOPMENT AGREEMENT - <br />NORTHFORK POINT ADDITION <br />Page 5 of 6 <br /> <br /> <br />