Agenda - Council - 10/22/1991 - Laserfiche WebLink

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10. 11. Requirements for Building Permits. No building permit for any lot in the Plat shall be issued until: (a) a Certificate of Survey for the lot on which the building permit is requested, including that information required by the CITY, has been supplied to the Building Official; and (b) soils borings have been provided to the Building Official. 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: go 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); Insure that all equipment operators will have readily available tree wound dressing and will apply immediately to damaged trees if wounding occurs; c. Insure that trees will only be skidded against other n'ees that are to be removed. 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. Reimbursement to City. The DEVELOPER agrees to reimburse the CITY 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. Said expenses shall be paid within fifteen (15) days of billing by the CITY and failure to pay the CITY'S expenses within the fifteen (15) da), billing period will permit the CITY to draw upon any of the escrows required by this Agreement for payment. Plat Expense Reimbursement. The DEVELOPER agrees that he will pay to the CITY out of any of the escrows required herein, all CITY expenses incurred in approval of the Plat, including, but not limited to adminisn'ation expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen (l 5) day billing period. Failure to pa)' the CITY'S expenses within the fifteen (15) da), billing period will peru]it the CITY to draw upon an), of the escrows required by this Agreement for payment. Marketable Title. Prior to recording of the final plat, the DEVELOPER shall provide to the CITY, proof of marketable title to the plat either through a currently certified abstract, re~stered property abstract or tide insurance. Invalidity 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 A~eement. Agreement Binding On Heirs, etc. The DEVELOPER agrees that this Development A~eement shall be binding upon his successors and assigns. Breach of any of the terms of this Development Agreement by the DEVELOPER shall be grounds for denial of Building Permits for buildings in the Plat. I I I I I I I I I I I I ! I I I I I I