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26. Boulevard and Area Restoration. The DEVELOPER shall be responsible for the cost <br /> of establishing seed in all boulevards within thirty (30) days of the completion of the <br /> street improvements, and restoring all other areas disturbed by the development grading <br /> operation in accordance w/th the approved Grading and Erosion Control plan. The <br /> DEVELOPER shall also be responsible for the cost of cleaning any soil, earth or debris <br /> from the wetlands within and adjacent to this Plat resulting from grading performed in the <br /> development of the land. <br /> <br />27. Construction Site Maintenance. The DEVELOPER <br /> relating to, but not limited to, dumping of garbage, <br /> open burning, etc. Construction and Delivery <br /> PM, Monday through Saturday. The <br /> entrances to the DEVELOPMENT, such <br /> size, and be securely anchored in place. <br /> <br />all City ordinances <br />ent, constmction debris, <br />to 7:00 AM to 10:00 <br />stating such at all <br />square feet in <br /> <br />28. Estimated Cost. It is understood and forth in this <br />Agreement as Stage I Improvements, unless as fixed amounts, are estimated. <br />The DEVELOPER agrees to pa~e entire cost of including interest, <br /> , , '~-~ <br /> engmeenng, and legal charges. *~2~ <br /> <br />29. Plat Approval Expenses. The DI~'iT, l OP?R ~'..',. "; it will pay to the CITY all <br /> CITY expenses incurred in the ..... ' '' . I'h~. including, but not limited to <br /> administration fees?Said expenses shall be paid within <br /> fifteen (15) outstanding billings shall be paid prior to <br /> recording '*~ of the Final plat shall <br /> also be paid period. Failure to pay the CITY'S <br /> period will permit the CITY to draw upon <br /> this contract for payment. <br /> <br /> DEVELOPER agrees to reimburse the CITY for all <br />tefense or enforcement of this Agreement, or any portion <br /> and attorney's fees. <br /> <br />31. Marketabl recording of the Final Plat, the DEVELOPER shall provide <br /> the CITY title to the Plat either through a currently certified abstract <br /> or registered pr6perty abstract or title insurance. Any other format utilized in determining <br /> marketable title shall be subject to the approval of the City Attorney. <br /> <br />32. Certificate of Occupancy, The term "Certificate of Occupancy" as used in this <br /> Agreement shall be defined as a document issued by the City's Building Official which <br /> authorizes the structure to be used for its intended purposes. <br /> <br />33. Invalidity of 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 /> Kelly Acres <br /> Development Agreement <br /> Page 10 of J2 <br /> <br />-319- <br /> <br /> <br />