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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> 15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />Dumping of Garbage. The DEVELOPER shall adhere to all City ordinances <br />r~lating to, but not limited to, dumping of garbage, site development, construction <br />d~bris, open burning, etc. <br /> <br />Estimated Costs. It is understood and agreed that construction cost amounts set <br />f6rth in this Agreement as Stage I and Stage II Improvements, unless specified as <br />figed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of <br />said improvements including interest, fiscal engineering and legal charges. <br /> <br />P!at Exoense Reimbursement. The DEVELOPER agrees that it will pay to <br />~e CITY all CITY expenses incurred in approval of the Plat, including, but not <br />li;rfited to administration expenses, engineering and legal fees. Said expenses shall <br />be paid within fifteen (15) days of billing by the CITY and outstanding billings <br />shall be paid prior to recording of the Final Plat. Any expenses incurred after <br />r ~e~cording of the Final Plat shall also be paid within said fifteen (15) days billing <br />period. Failure to pay the CITY'S expenses with the fifteen (15) day billing <br />period will permit the CITY to draw upon any of the escrows required by this <br />contract for payment. <br /> <br />Reimbursement to City. The DEVELOPER agrees to reimburse the CITY <br />f~ all costs incurred by the CITY in defense or enforcement of this Agreement, or <br />any portion thereof, including court costs and reasonable engineering and attorney's <br />fees. <br /> <br />N,0tific,q .ti0n. The DEVELOPER agrees to notify the CITY of all sales of lots <br />within the Plat. <br /> <br />(~rtifieate of Occut~ancy, The term "Certificate of Occupancy" as used in this <br />Agreement shall be defined as a document issued by the City's Building Official <br />which authorizes the structure to be used for its intended purposes. <br /> <br />M~arketable Title. Prior to recording of the final plat, the DEVELOPER shall <br />prl>vide to the CITY proof of marketable title to both the Plat either through a <br />cUrrently certified abstract, registered property abstract or title insurance. <br /> <br />Pqoof of Authority. When the DEVELOPER is a corporation, the CITY <br />requires proof of authority by the corporation to execute this Agreement. This <br />proof of authority could be satisfied by providing the CITY with a certified copy of <br />minutes of the corporate Board of Directors granting such authority. <br /> <br />In~,alidity of Any One Section. If any portion, section, subsection, sentence, <br />clause, paragraph or phase of this Agreement is for any reason held to be invalid by <br />a court of competent jurisdiction, such decision shall not effect or void any of the <br />ottler provisions of this Agreement. <br /> <br />R~cording Of Development Agreement. The DEVELOPER agrees that this <br />DeVelopment Agreement shall be recorded in the office of the Anoka County <br />Recorder and agrees that the terms and provisions of this Agreement shall be a <br />covenant on any and all deeds relative to the property included in the Plat. <br /> <br />Violation of this Agreement, The DEVELOPER agrees that the terms of the <br />financial guarantee shall be deemed to have been violated if the DEVELOPER <br />fails to perform any of the terms of this Agreement in the manner required by the <br />CITY and the CITY shall be entitled to recover from the DEVELOPER or the <br />issuer of DEVELOPERS' letter of credit, the full amount of the letter of credit. <br />30;29. Agreement Binding On Heirs, OtC, The DEVELOPER agrees that <br /> <br /> <br />