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28. <br /> <br />29. <br /> <br />30. <br /> <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this <br />Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are <br />estimated. The DEVELOPER agrees to pay the entire cost of said improvements <br />including interest, engineering and legal charges. <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 <br />any 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 />-186- <br /> <br />31. <br /> <br />32. <br /> <br />33. <br /> <br />34. <br /> <br />35. <br /> <br />36. <br /> <br />37. <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 <br />of 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 <br />of Directors granting such authority. <br /> <br />Recording of the Final Plat. Prior to recording the final plat, the DEVELOPER shall <br />provide the City Attorney with a copy of the Common Interest Community's governing <br />document for the City Attorney to review and approve. <br /> <br />Recording of This Agreement. The DEVELOPER shall record this Development <br />Agreement in the office of the Anoka County Recorder and agrees that tl~e terms and <br />provisions of this Development Agreement shall run with the land and shall bind the <br />DEVELOPER, their successors and 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 /> <br /> <br />