Agenda - Council - 09/09/2003 - Laserfiche WebLink

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26. Construction Site Maintenance. T he DEVELOPER s hall adhere t o all City ordinances relating t o, b ut not 1 imited t o, dumping 9 fg arbage, s ite development, c onstruction debris, open burning, etc. 27. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of smd improvements .including interest, engineering and legal charges. 28. Plat Approval Expenses. The DEVELOPER a~ees that it will pay to the CITY all CITY expenses incurred i n t he approval o f t he Plat, i ncluding, but not 1/m/ted 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 pr/or 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 w/thin the fifteen (15) day billing per/od will permit the CITY to draw upon any of the escrows required by this contract for payment. 29. 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 potion thereof, including court costs and reasonable en~neering and attorney's fees. 30. 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-t/ilo insurance. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this A~eement shall be defined as a document issued by the CiB~'s Building Official, which authorizes the structure to be used for its intended purposes. 32. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, para~aph or phase of this A~eement 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 Ag-reement. 33. Proof of Authority. When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this A~eement. 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 author/ry. 34. Recording of This Agreement. The DEVELOPER shall record this A~eement in the office of the Anoka County Recorder and agrees that the terms and provisions of this A~eement shall run with the land and shall bind the DEVELOPER, its successor and Town Center Gardens Subdivision Development Agreement Page 10 of 12' -195-