Agenda - Council - 07/23/2002 - Laserfiche WebLink

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-148- 28. 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. 29. 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, reg/stered 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. 31. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, para~aph or phase of tkis 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 th.is Agreement. 32. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. Tiffs 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. 33. Recording of This Agreement. The DEVELOPER shall record this Agreement in the office of the Anoka County Recorder and agrees that the terms and provisions of this Agreement shall run with the land and shall bind the DEVELOPER, its successor and _=assigns. 34. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this Agreement in the manner required by the CITY, the CITY shall be entitled to recover, from the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of th/s Development Agreement by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in the Plat 35. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this Development A~eement shall be binding upon its successors and assigns. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this day of ., 2002. Development Agreement/Wildlife Sanctuary 2"d Addition Page 11 of 14 I I I I I I I I I I, I I I I I I I I I