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22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands <br />adjacent 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. Construction and Delivery Hours are restricted to 7:00 AM to 10:00 PM, <br />Monday through Saturday. The DEVELOPER shall post a sign stating such at all entrances <br />to the DEVELOPMENT, such sign may range 'from 20 to 30 squa?e feet in size, and be <br />securely anchored in place. <br /> <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as <br />Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The <br />DEVELOPER agrees to pay 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 incurred 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 />~br payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all costs <br />incurred 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 />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 />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, which authorizes the <br />structure to be used for its intended purposes. <br /> <br />Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase 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 Authority. 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 /> Regency Pond 4tI' Addition <br /> Development Agreement <br /> 'Page 7 of 9 <br /> <br /> <br />