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whole tree volume reduction, proposed site inspection prior to clearing and an open <br />burning permit. Residual ash and unburned stumpage may be buried on the site at the <br />direction of the City Engineer. Chipped material ma)' be applied and utilized on site to <br />mitigate root damage from .grade changes of the easement or right-of-way and for erosion <br />control and top soil restoration. <br /> <br />17.Construction Site Maintenance. The DEVELOPER shall adhere to ali City <br /> ordinances relating to, but not limited to, dumping of garbage, site development, <br /> construction debris, open burning, etc. <br /> <br />18. Estimated Cost. It is understood and agreed that cost amounts set forth in this <br /> Agreement as State I and Stage It Improvements, unless specified as fixed amounts, are <br /> estimated. The DEVELOPER agrees to pay the entire cost of said improvements <br /> including interest, fiscal engineering and legal charges. <br /> <br />19. <br /> <br />Plat Approval Ex_~enses, The DEVELOPER agrees that it will pay to the CITY all <br />CITY expenses incurred in the approval of the Plat, including, but not Iimited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) day bilting period. Failure to pay the CITY'S <br />expenses within the fifteen (15) day billing period will permit the CITY to draw upon any <br />of the escrows required by this contract for payment. <br /> <br />20. Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for <br /> all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br /> thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />21. Marketable Title, Prior to recording of the Final Plat, the DEVELOPER shall provide <br /> the CITY proof of marketable title to the Plat either through a currently certified abstract, <br /> registered property abstract or title insurance. <br /> <br />22. <br /> <br />Certificate of Occu~)ancv. The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document issued by the City's Building Official which <br />authorizes the smacture to be used for its intended purposes. <br /> <br /> <br />