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-t56- <br /> <br />30. <br /> <br />31. <br /> <br />32. <br /> <br />33. <br /> <br />34. <br /> <br />35. <br /> <br />36. <br /> <br />37. <br /> <br />Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all <br />CITY expenses incurred in the approval of the Plat, including, but not limited to <br />administration expenses, engineering and legal fees. Said expenses shall be paid within <br />fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to <br />recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall <br />also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) 'day billing period will permit the CITY to draw upon any <br />of the escrows required by this contract for payment. <br /> <br />Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br />thereof, 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 <br />the CITY with proof of marketable title to the Plat either through a currently certified <br />abstract, registered property abstract or title 'insurance. <br /> <br />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 />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 />competent jurisdiction, such decision shall not effect or void any of the other provisions of <br />this Agreement. <br /> <br />Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof <br />of 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 <br />this Agreement in the manner required by the CITY, the CITY shall be entitled to <br />recover, from the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the <br />flail amount of any and all financial guarantees: Breach of any of the terms of this <br />Development Agreement by the DEVELOPER shall also be grounds for denial of <br />Building Permits for buildings in the Plat. <br /> <br />The Ponds Subdivision <br />Development Agreement <br />Page 11 of 13 <br /> <br /> <br />