Agenda - Council - 10/26/1993 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I day of 11. 12. 13. 14. 15. 16. Insure that ail equipment operators will have readily available tree wound dressing and will apply immediately to damaged trees if wounding occurs; Insure that trees will only be skidded against other trees that are to be removed. Trees in the middle twenty feet (20') of road easement will be removed first, with remaining trees to be skidded toward the middle of the road easement. Dumning 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. l~lat Expense Reimbursement. The DEVELOPER agrees that they will pay to the CITY all CITY expenses incurred in approval of the Plat, including, but not Iimitext to administration expenses, engineering and legal fees and any expenses the CITY might incur in construction of either Stage I or Stage II Improvements. Said expenses shall be paid within fifteen (15) days of billing by the CITY and shall be fully paid prior to recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this Agreement for payment. ~teimbursement to City. The DEVELOPER agrees to reimburse the CITY within fifteen (15) days of billing by 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. Failure to pay the CITY'S expenses within said fifteen (15) day billing period will permit the CITY to draw upon any 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 both the Plat. This shall be done either through a currently certified abstract, registered property abstract or title insurance. Ilavatidity 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 Agreement. Agreement Binding On Heirs, etc. The DEVELOPER agrees that this Development Agreement shall be binding upon their 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. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this. , ,1991. DEVELOPMENT AGREEMENT - NORTHFORK POINT ADDITION Page 3 of 6