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I7. <br /> <br />lit. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />E~ima/ed Co~s. It is undc~tood and alp'ced that cost amounts set forth in this <br />A~.ement as Stage I and Stage ri Improvements, unless specified as fixed <br />an~ounts, are estimated. The DEVELOPER agrees to pay the entire cost of said <br />inipmvements including interest, fiscal engineering and legal charges. <br /> <br />Pi.hr Ex_nense Reimbursement. The DEVELOPER agrees that it will pay to <br />th~ CITY all CITY expenses incurred in approval of thc Plat, including, but not <br />li~ted 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, bc paid prior to recording of the Final Plat. Any expenses incurred after <br />rec[,ording of the Final Plat shall also be paid within said fifteen (15) days billing <br />pe~fiod. 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 />co~tract for payment. <br /> <br />Reimbursement to City. The DEVELOPER agrees to reimburse the CITY <br />for!all costs incurred by the CITY in defense or enforcement of this Agreement, or <br />an~ per,ion thereof, including court costs and reasonable engineering and auomey's <br />fees. <br /> <br />Notification. Thc DEVELOPER agrees to notify thc CITY of ail sales of lots <br />within the Plat. <br />Ce~'tificate of Occur)ency. Thc term "Certificate of Occupancy" as used in this <br />Ag~ement shall be defined as a document issued by the City's Building Official <br />w~ch authorizes the structure to be used for its intended pm-poses. <br />Ma~'ketable Title. Prior to recording of the final plat, the DEVELOPER shall <br />provide to the CITY proof of m~ketable title to both the Plat either through a <br />currently certified abstract, registered property, abstract or title insurance. <br /> <br />prO/Of o.f Autbor. it~'. When thc DEVELOPER is a corporation, the CITY <br />rcq~rcs proof of authority by the corporation to execute this Agreement. This <br />pro*f of authority could be satisfied by providing the CITY with a certified copy of <br />m~n~tes of the corporate Board of Directors granting such authority. <br /> <br />Inv~lidity~)f Any One Section. If any portion, section, subsection, sentence, <br />clau~e, paragraph or phase of this Agreement is for any reason held to b~ invalid by <br />a co~n of competent jurisdiction, such decision shall not effect or void any of thc <br />oth~ provisions of this Agreement. <br /> <br />gecOrdine o~ Devetot)ment Aereement. The DEVELOPER a~ecs that this <br />Dcv~lopm-cnt Agreement shall ~ rCc°rded in the office of thc Anoka County <br />RecOrder and agrees that the terms and provisions of this Agreement shall be a <br />cov~nam on any and ail deeds relative tothe property included in the Plat. <br /> <br />Viol.~tion of this Aereement. Thc DEVELOPER agrees that the terms of the <br />fina~cial guarantee s-hail be deemed to have been violated if the DEVELOPER <br />fails~to perform any of the terms of this Agreement in thc manner required by the <br />CIT~ and thc CITY shall bc entitled to recover from the DEVELOPER or the <br />issuSr of DEVELOPERS' letter of credit, the full amount of the letter of credit. <br /> <br /> <br />