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utilized on site to mitigate root damage from grade changes of the easement or right-of- <br />way and for erosion control and top soil restoration. <br /> <br />24~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 />25~Plat Approval Exoenses. 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 /> ialso 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 />26~Reimbursement to the City. The DEVELOPER agrees to reimburse the CITY for <br /> fall costs incurred by the CITY in defense or enforcement of this Agreement, or any portion <br /> 5thereof, including court costs and reasonable engineering and attorney's fees. <br /> <br />27iExecution of Agreement. The DEVELOPER shall submit to the CITY a tax <br /> ~status6conf'mmation from the Anoka County Auditor's office. Ail real property taxes and <br /> }special assessments against the subject property shall be in a current status prior to <br /> :~i execution of this Agreement. <br /> <br />28~ .Marketable Title, Prior to recording of the Final Plat, the DEVELOPER shall provide <br /> i the CITY proof of marketable title to the Plat either through a currently certified abstract, <br /> ~registered property abstract or title insurance. <br /> <br /> :7 <br />29(~Certificate of Occur~anc¥, 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 />30~.Invaliditv of Any Sectlom 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 of <br /> <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I: <br />I <br />I <br />I <br /> i <br /> I <br /> I <br /> I <br /> ! <br /> <br /> I <br /> <br /> <br />