Agenda - Council - 08/02/2011 - Special

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m. Reimbursement to the CITY. The PERMITTEE agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. n. Marketable Title. Prior to recording of the Final Plat, the PERMITTEE shall provide the CITY with proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. o. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Contract shall be defined as a document issued by the CITY'S Building Official, which authorizes the structure to be used for its intended purposes. p- q- Proof of Authority. The CITY requires the PERMITTEE to provide proof of authority by their respective governing boards to execute this Contract. This proof of authority may be satisfied by providing the CITY with a certified copy of the minutes of the governing board of each entity which grants such authority. Recording of This Contract. The PERMITTEE shall record this Contract in the office of the Anoka County Recorder. The PERMITTEE agree that the terms and provisions of this Contract shall run with the land and shall bind the parties. r. Violation of This Contract. If the PERMITTEE fails to perform any of the terms of this Contract in the manner required by the CITY, the CITY shall be entitled to recover, from the defaultee, or the issuer of their financial guarantee, the full amount of any and all financial guarantees. Breach of any of the terms of this Contract by the PERMITTEE shall also be grounds for denial of Building Permits. s. Contract Binding On Successors and Assigns. This Contract shall be binding upon the parties, and their successors and assigns. 17. Requirements for Building and Occupancy Permits. No building permit for any lot in the Plat shall be issued until: (a) a Class 5 driving surface is installed to within 300 feet of the structure; (b) a Certificate of Survey, including that survey information required by the CITY has been supplied to the CITY Building Official; c.) all the financial guarantees required by the CITY have been satisfied; d.) a Permit from the Lower Rum River Watershed Management Organization has been obtained; (e) a Permit from Anoka County Soil Conservation District has been obtained (if necessary); and (f) this Contract has been signed and received by the CITY. 1 ) No occupancy permit for any lot in the Plat shall be issued until: (a) vehicular access to the lot is provided, including the installation of at least one layer of bituminous surfacing; (b) all utilities are in place, operational and accepted by the CITY; (c) for lots that have a slope of less than 2 %, a certificate of grading, prepared by a licensed (State of Minnesota) professional land surveyor, must be provided to the CITY documenting that the flattest grade on this lot is 1% or greater; and (d) boulevard sod and landscape tree, or escrow for same, have been provided. Cross of Hope Development AgremnetnContract May, 2011 7