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I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />i <br /> <br />21. <br /> <br />Estimated Cost. It 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 />22. 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 /> (15) 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 />23. 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 />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shalI provide the <br />CITY with proof of marketable title to the Plat either through a currently 'certified abstract, <br />registered property abstract or title insurancel ' ' <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 />any and all financial guarantees. Breach of any of the' terms of this Development Agreement <br /> <br />Development Agreement/White Oak Addition <br /> Page 9 of 11 <br /> <br />-147- <br /> <br /> <br />