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2t. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />28._~ <br />29.5 <br /> <br />30.5 <br /> <br /> Construction Site Maintenance, The DEVELOPER shall adhere to all City <br /> -:ordinances relating to, but not limited to, dumping of garbage, site development, <br /> -construction debris, open burning, etc. <br /> <br /> ~Estimated Cost. It is understood and agreed that cost amounts set forth in this <br /> Agreement as State I and Stage 11 Improvements, unless specified as fixed amounts, are <br /> estimated. The DEVELOPER agrees to pay the entire cost of said improvements <br />~ including interest, fiscal 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 any <br />of the escrows required by this contract for payment. <br /> <br />Reimburs. ement tO the City, The DEVELOPER agrees to reimburse the CITY for <br />ali 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 />Marketable Title, Prior to recording of the Final Plat, the DEVELOPER shall provide <br />the CITY proof of marketable title to the Plat either through a currently certified abstract, <br />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 An:[ Section. If any portion, section, subsection, sentence, <br />clause,4paragraph or phase of this Agreement is for any reason held to be invalid by a court <br />of 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 <br />proof of authority by the corporation to execute this Agreement. This proof of authority <br />could be satisfied by providing the CITY with a certified copy of minutes of the corporate <br />Board of Directors granting such authority. <br /> <br />Recor0jng of This Agreement. The DEVELOPER agrees that this Development <br />Agreement shall be recorded in the office of the Anoka County Recorder and agrees that the <br />terms and provisions of this Agreement shall run with the land and shall bind the <br />DEVELOPER, its successor and assigns. <br /> <br />yiolation of T.his. Agreement, If the DEVELOPER fails to perform any of the <br />terms7of this Agreement in the manner required by the CITY, the CITY shall be entitled <br />to recover, from the DEVELOPER or the issuer of DEVELOPER'S financial <br />guarantee, the full amount of any and all financial guarantees. Breach of any of the terms <br />of this Development Agreement by the DEVELOPER shall also be grounds for denial of <br />Building Permits for buildings in the Plat. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />