Agenda - Council - 05/08/2007 - Laserfiche WebLink

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shall also be responsible for the cost of cleaning any soil, earth or debris from the wetlands • within and adj acent to this Plat resulting from grading performed in the development of the land. 23. Construction Site Maintenance, The DEVELOPER shall adhere to all City ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. Construction and Delivery Hours are restricted to 7:00 AM to 10:00 PM, Monday through Saturday. The DEVELOPER shall post a sign stating such at all entrances to the DEVELOPMENT, such sign may range from 20 to 30 square feet in size, and be securely anchored in place. 24. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Stage I and Stage U Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, engineering and legal charges. 25. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be 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 contract for payment. 26. Reimbursement to the City. The DEVELOPER agrees to reimburse 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. 27. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY with proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. 28. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official, which authorizes the structure to be used for its intended purposes. 29. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase 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. 30. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority may be • Brookfield Third Addition Development Agreement Page 9 of 11 —105—