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3l. Boulevard and Area Restoration. The DEVELOPER shall be responsible for the cost of <br /> establishing seed in all boulevards within thirty (30) days of the completion of the street <br /> improvements, and restoring all other areas disturbed by the development grading operation <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 adjacent to this Plat resulting from grading performed in the development of the land. <br /> <br />32. 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 />33. 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 />34. 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 /> for payment. <br /> <br />35. 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 />36. 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 />37. 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 />38. lnwdidity 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 />39. 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 /> Town Center Gardens 3ra Addition <br /> Development Agreement - Grading <br /> Page 11 of 13 <br /> <br /> <br />