Agenda - Council - 04/23/2002 - Laserfiche WebLink

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I I I ! '1 I I I ! I I I I I I I I i 30. 31. 32. 33. 34. 35. 36. estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, engineering and legal charges. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY ail 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. 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. 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. 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. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase 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. 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 satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. Final Plat and Governing Document Approval. Final plat approval is contingent upon the DEVELOPER: (a) providing the City Attorney with a copy of the Common Interest Community's governing document for review and approval; (b) the Declaration including the following language: Purpose: The City of Ramsey has executed-various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City or Ramsey is concerned that all conditions requested by the City of Ramsey are complied with -145-