Agenda - Council - 07/11/1995 - Laserfiche WebLink

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accomplished, said cash deposit shall be refunded to the DEVELOPER. Failure of the DEVELOPER to comply with the planting requirement within a reasonable time frame following a determination by the CITY that weather conditions are conducive to planting shall give the CITY authority to cause the planting, the cost of which shall be charged to the Plat escrow account and the DEVELOPER shall not be eligible for a refund of the cash deposit made for this purpose. HardSurface Driveway. Hard surfaced driveways are a requirement for each lot in the Plat. Said improvements shall be installed by the building permit applicant or the homeowner at the time the Certificate of Occupancy is issued or as soon thereafter as possible, weather permitting. In the event these improvements are not timely installed, the DEVELOPER, on behalf of all subsequent owners of lots within the Plat, agrees that the CITY may install said improvements on any lot(s) and specially assess its cost therefore against the lot(s). The DEVELOPER hereby waives all right to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation of the improvements described in this paragraph. In addition, the DEVELOPER grants the right to the CITY to enter on each lot of the Plat in order to install the improvements described in this paragraph, in the event it is necessary for the CITY to install these improvements and specially assess the same. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Plat, including, but not limited 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 prior 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 within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. City Services. Prior to releasing the Plat mylars for recording at Anoka County, the DEVELOPER shall be current in all payment of any CITY fees, charges, taxes or assessments at the time of the Development Agreement. 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 portion thereof, including court costs and reasonable engineering and attorney's fees. Marketable Title, Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official which authorizes the structure to be used for its intended purposes. Invalidity of Any section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement 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 Agreement. Proof of Authority, When the DEVELOPER is a corporation, the CITY requires proof of authority by the corporation to execute this Agreement. This proof of authority could be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. I I I I I I ! I I I I I I I I I I I I