Agenda - Council - 06/09/1992 - Laserfiche WebLink

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o 10. 11. RequireMents for Building Permits. No building permit for any lot in the Plat shall be ilsfiedlt~ntil a Certificate of Survey for the lot on which the building permit is requested, incll~ding !that information required by the CITY, has been supplied to the Building Officiid. : Tree IDiSease Prevention. The DEVELOPER shall prevent the introduction and sPread of.ti'ce disease into the residue tree populations of the Plat and adjoining properties and r~4:lue~ the impacts of construction on the residual property of the Plat and adjoining prope~iesJ The DEVELOPER in order to accomplish this shall: a. lns[all 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 tre s); b. Insure that all equipment operators will have readily available tree wound dressing and will apply immediately to damaged trees if wounding occurs; c. InSt~re that trees will only be skidded against other trees that are to be removed. Duml~ing of Garbage. The DEVELOPER shall adhere to City Code Section 5.11.03 whi~h ils a i~ection Regulating the Dumping of Garbage, Site Development and Construction DebriS. Reimbursement to City. The DEVELOPER agrees to reimburse the CITY for all costs igcUri'ed by the CITY in defense or enforcement of this Agreement, or any portion thereo~', i[cluding court costs and reasonable engineering and attorney's fees, Said exp~njes shall be paid within fifteen (15) days of billing by the CITY and failure to pay the Cl~r¥'~ expenses within the fifteen (15) day billing period will permit the CITY to draw tl~pon ~any of the escrows required by this Agreement for payment. Plat ExP~nse Reimbursement. The DEVELOPER agrees that it will pay to the CIT¥iout ,of any of the escrows required herein, all CITY expenses incurred in approval of the plati including, but not limited to administration expenses, engineering and legal fees., Baid~expenses shall be paid within fifteen (15) days of billing by the CITY and outsta~dinig billings shall be paid prior to recording of the Final Plat. Any expenses incurr{d a~-ter recording of the Final Plat shall also be paid within said fifteen (15) day billing~ peri, od. Failure to pay the CITY'S expenses within the fifteen (15) day billing periodiwill~permit the CITY to draw upon any of the escrows required by this Agreement for payment. Marke~tab~e Title. Prior to recording of the Final Plat, the DEVELOPER shall provide to the !2ITY, proof of marketable title to the Plat either through a currently certified abstm .dx, registered property abstract or title insurance. Invali~litYi of Any One Section. If any portion, section, subsection, sentence, clause, paragr,ph 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. Agreement Binding On Heirs, etc. The DEVELOPER agrees that this DevelOpment Agreement shall be binding upon its 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.