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25. <br /> <br />26. <br /> <br />28. <br /> <br />in accordance with the approved Grading and Erosion Control plan. The DEVELOPER shall <br />also be responsible for the cost of cleaning any soil, earth or debris from the wetlands within <br />and a4jacent to this Plat resulting from grading performed in the develOpment of the land. <br /> <br />Construction Site Maintenance. The DEVELOPER shall adhere to all City ordinances <br />relating to, but not limited to, dumping of garbage, site development, construction debris, <br />open burning, etc. <br /> <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as <br />Stage f and Stage II Improvements, unless specified as fixed amounts, are estimated. The <br />DEVELOPER agrees to pa), the entire cost of said improvements including interest, <br />engineering and legal charges. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY <br />expenses incun'ed.in, the approval of the Plat, including, but not limited to administration <br />expenses, engineering'and legal fees. Said expenses shall be paid within fifteen (15) days of <br />billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. <br />Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen <br />(15) day billing period. Failure to pay the CITY'S' expenses within the fifteen (15) day <br />billing period will permit the CITY to draw upon any of the escrows required by this contract <br />for payment. <br /> <br />Reimbursement to the CID'. The DEVELOPER agrees to reimburse the CITY Ibr all costs <br />incmTed by the CITY in defense or enforcement of this Agreement, or any portion thereof, <br />including court costs and reasonable engineering and attorney's fees. <br /> <br />29. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the <br /> CiTY with proof of marketable title to the Plat either through a currently certified abstract, <br /> registered property abstract or title insurance, <br /> <br />30. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement <br /> shall be defined as a document issued by the City's Building Official, wkich 'authorizes the <br /> structure to be used for its intended purposes. <br /> <br />31. <br /> <br />32. <br /> <br />Invalidi~ of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phase of this Agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not effect or void any of the other provisions of this <br />Agreement. <br /> <br />Proof of AuthoriD'. When the DEVELOPER is a corporation, the CITY requires proof of <br />authority by the corporation to execute this Agreement. This proof of authority may be <br />satisfied by providing the CITY with a certified copy of minutes of the corporate Board of <br />Directors granting such authority. <br /> <br />-342- <br /> <br />Alpine Acres Subdivision <br />DeVelopment Agreement <br />Page 10 of 12 <br /> <br /> <br />