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-162- <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />30. <br /> <br />3I. <br /> <br />33. <br /> <br />Estimated Cost. ~[t 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 />(1.5) 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 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 />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 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 /> <br />Recording of This Agreement. The DEVELOPER shall record this Agreement in the <br />office of the Anoka County Recorder and agrees that the terms and provisions of this <br />Agreement shall run with the land and shall bind the DEVELOPER, its successor and <br />assigns. <br /> <br />Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this <br />Agreement in the manner required by the CITY, the CITY shall be entitled to recover, from <br />the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of <br /> <br />Development Agreement/Village of Sunfish Lake <br /> Page 10 of 12 <br /> <br /> <br />