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control and top soil restoration. <br /> <br />19. Coinstruction Site Maintenance. The DEVELOPER shall adhere to all City <br /> ordinances relating to, but not limited to, dumping of garbage, site development, <br /> construction debris, open burning, etc. <br /> <br />20. Estimated Cost. It is understood and agreed that cost amounts set forth in this <br /> Agreement as State I and Stage II 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 />21. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all <br /> CITY expenses incurred in the approval of the Plat, including, but not limited 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 billing 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 />22. Reimbursement to_the City, The DEVELOPER agrees to reimburse the CITY for <br /> ail 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 />23. 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 />24. q/er.title.ate of OCcupancy, The term "Certificate of Occupancy" as used in this <br /> Agreement shall be def'med as a document issued by the City's Build/ng Official which <br /> authorizes the structure to be used for its intended purposes. <br /> <br />25. Invalid/tv ~f Any Section, If any portion, section, subsection, sentence, clause, <br /> paragraph or phase of this Agreement is for any reason held to be invalid by a court of <br /> competent jurisdiction, such decision shall not effect or void any of the other provisions of <br /> this Agreement. <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 />I <br />I <br />I <br />I <br /> <br />I <br /> <br /> <br />