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16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />Whole trees may not be disposed of by burning. Trunks and limbs larger <br />than six (6) incl~es in diameter must be salvaged for lumber, firewood, <br />chipped or hauled to a licensed wood disposal site. Application may be <br />made for an open burning permit to dispose of brush less than six (6) inches <br />in diameter and stumps with less than four feet of main trunks attached. <br />The location of the proposed open burn site will be specified by the City <br />Engineer, Environmental Specialist and Fire Chief. Wood disposal by <br />burning requires whole tree volume reduction, proposed site inspection <br />prior to clearing and an open burning permit. Residual ash and unburned <br />stumpage may be buried on the site at the direction of the City Engineer. <br />Chipped material may be aplied and utilized on site to mitigate root damage <br />from grade changes of the easement or right-of-way and for erosion control <br />and top soil restoration. <br /> <br />Dumping of Garbage. The DEVELOPER shall adhere to all City ordinances <br />relating to, but not limited to, dumping of garbage, site development, construction <br />debris, open burning, etc. <br /> <br />Estimated Costs. It is understood and agreed that construction cost amounts set <br />forth in this Agreement as Stage I and Stage II Improvements, unless specified as <br />fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of <br />said improvements including interest, fiscal engineering and legal charges. <br /> <br />Plat Expense Reimbursement. The DEVELOPER agrees that it will pay to <br />the CITY ali CITY expenses incurred in approval of the Plat, including, but not <br />limited to administration expenses, engineering and legal fees. Said expenses shall <br />be paid within fifteen (15) days of billing by the CITY and outstanding billings <br />shall be 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) days billing <br />period. Failure to pay the CITY'S expenses with the fifteen (15) day billing <br />period will permit the CITY to draw upon any of the escrows required by this <br />contract for payment. <br /> <br />Reimbursement to City. The DEVELOPER agrees to reimburse the CITY <br />for all costs incurred by the CITY in defense or enforcement of this Agreement, or <br />any portion thereof, including court costs and reasonable engineering and attorney's <br />fees. <br /> <br />Notification. The DEVELOPER agrees to notify the CITY of ali sales of lots <br />within the Plat. <br /> <br />Certificate of Occurmncy. 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 />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 either through a <br />currently certified abstract, registered property abstract or rifle insurance. <br /> <br />prpof of Authority. When the DEVELOPER is a corporation, the CITY <br />requires proof of authority by the corporation to execute this Agreement. This <br />proof of authoriB, could be satisfied by providing the CITY with a certified copy of <br />minutes of the corporate Board of Directors granting such authority. <br /> <br />I <br />I <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 /> <br /> <br />